The digital package

We are currently in a period where technological development and the legal framework meant to keep up with it is evolving so rapidly that it can be difficult to follow.

When comparing how the three major powers the EU, the US, and China handle digital data, their approaches differ significantly. This is despite the fact that digital platforms can be accessed across borders between these global powers. As a result, there is open competition, but with vastly different rules. The EU’s primary focus is data protection, meaning it is willing to limit certain types of technological development to ensure that individuals in the EU are not subjected to unfair treatment. The right to personal data is rooted in European human rights. At the same time, there is an awareness that the open global market does not always operate under the same restrictions, creating a risk that the EU may fall behind in technological development.

In the US, the main priority is the open market. Their focus is on innovation and strengthening competitiveness, often addressing potential issues only once they arise.

In China, the approach is more state‑controlled, aiming to maintain strong central authority. This includes, among other things, the widely debated social credit system, which allows the state to monitor citizens and assess their “status.”

We are therefore seeing the EU expand opportunities for the use of AI in order to keep pace with other global powers, while maintaining its core principle that citizens’ safety and rights come first.

This has led to a wave of new EU regulations built around this balance. This includes everything from the GDPR in 2018 to the many upcoming initiatives, particularly the new Digital Package, which includes a digital omnibus regulation. Its purpose is to loosen some of the previous regulatory constraints, making it easier to work with legislation such as the GDPR. One way this is achieved is by allowing freer data flows within shared EU data spaces, making cross‑border collaboration faster, easier, and more flexible without requiring the same extensive safeguards currently needed.

In some ways, it resembles the free movement within the EU – just for data.

 

This article does not constitute and cannot replace legal advice. Raadgiver.dk ApS assumes no liability for any damage or loss, directly or indirectly, attributable to the use of the information provided in the article.

Published April 2026

Erhvervsjurist Alexander Høy fra Raadgiver.dk

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