The 5 trends shaping global privacy and enforcement in 2026

Privacy regulation is changing how organizations are measured, not just how they comply. After years of new laws and early enforcement, regulators are now testing whether privacy programs hold up in practice, across borders, sectors, and increasingly complex data uses.

For privacy teams, this moment is less about tracking what is new and more about understanding how regulators are enforcing what already exists, how laws are being refined through amendments and rulemaking, and where expectations are converging across regions. At the same time, the expanding use of artificial intelligence is tightening the link between privacy compliance and broader governance responsibilities.

Below, we outline the five regulatory shifts defining 2026 and what privacy leaders need to understand now.

Europe: Enforcement clarity, GDPR simplification, and the next phase of AI regulation

Europe remains the anchor for global privacy expectations. Not because of new headline legislation, but because of how enforcement and oversight are evolving.

Seven years after the GDPR took effect, regulators are focused on consistency. In 2025, the European Commission advanced proposals to simplify aspects of GDPR compliance, particularly for small and mid-sized organizations and those with fewer than 750 employees. These proposals narrow certain obligations, such as records of processing activities, while preserving core accountability and transparency requirements.

At the same time, the European Data Protection Board is reinforcing practical enforcement priorities. Through its coordinated enforcement framework for 2025, the EDPB selected the right to erasure under Article 17 as a focus area. This reflects how frequently the right is exercised and how often complaints arise over its application. Privacy teams should expect closer scrutiny of how erasure requests are assessed, exceptions applied, and responses documented.

AI governance is now inseparable from this conversation. Automated decision-making and profiling obligations under the GDPR intersect directly with the EU Artificial Intelligence Act. The EU AI Act is already phasing in, with prohibited practices and general provisions in force, general-purpose AI obligations applying in 2025, and high-risk system requirements following in 2026 and 2027.

Alongside the AI Act, the European Commission announced the Digital Omnibus proposal in late 2025. The initiative aims to align and simplify parts of the GDPR, the AI Act, and the ePrivacy framework. While its outcome is not settled, the debate highlights a defining tension for 2026: improving efficiency without weakening fundamental rights.

European authorities are moving toward clearer enforcement timelines, stronger coordination, and higher expectations for documentation. Privacy programs will be judged on how consistently they apply rights and explain decisions, especially where automation is involved.

United States: From patchwork to a mature, multi-layered privacy landscape

By 2026, US privacy regulation is no longer defined by a handful of states. It is a dense and evolving system of comprehensive laws, amendments, and sector-specific rules.

In 2025, several new comprehensive state privacy laws entered into force, including the New Jersey Data Privacy Act, the Tennessee Information Protection Act, and the Minnesota Consumer Data Privacy Act. These laws largely align on core rights such as access, deletion, portability, and opt-out, but differ in thresholds, exemptions, and definitions.

Amendments are now shaping enforcement reality. Connecticut’s 2025 amendments to the Connecticut Data Privacy Act lowered applicability thresholds, expanded sensitive data definitions to include neural and financial data, and strengthened consumer rights around profiling and inferences. Maryland’s Online Data Privacy Act, effective October 1, 2025, introduced stricter rules for sensitive data and limited nonprofit exemptions, making it one of the more demanding state laws to operationalize.

California continues to set the enforcement tone. The California Consumer Privacy Act remains the benchmark, with both the California Attorney General and the California Privacy Protection Agency increasing enforcement activity. In 2025, California imposed the largest CCPA fine to date, underscoring that failures around notices, opt-out mechanisms, and processor contracts carry material consequences. Looking ahead, the CPPA’s Automated Decision-Making Technology regulations will begin enforcement in January 2027, making 2026 a critical preparation year. 

AI regulation in the US remains state-driven. Colorado’s AI Act takes effect in 2026, establishing obligations for developers and deployers of high-risk AI systems to prevent algorithmic discrimination and provide transparency. Texas follows with its Responsible Artificial Intelligence Governance Act in January 2026, while California’s AI Transparency Act and training data transparency requirements also come into force in 2026.

US privacy compliance now requires governance that can absorb amendments, ancillary laws, and AI-specific obligations without fragmenting the program. CCPA alignment remains essential, but it is no longer sufficient on its own.

Global focus on children’s data and high-risk processing 

One of the strongest global signals heading into 2026 is the heightened protection of children’s data.

In Europe, draft guidelines under the Digital Services Act and GDPR-related frameworks reinforce age-appropriate design and risk assessment expectations. Internationally, G7 data protection authorities issued a joint statement calling for strong safeguards for minors, including limits on tracking and clearer communication to parents.

In the United States, updated COPPA rules expanded definitions of personal information to include biometric and government-issued identifiers and introduced stricter retention and transparency requirements. States such as New York and Vermont passed age-appropriate design laws, with staggered effective dates extending into 2026 and 2027.

AI use amplifies these concerns. Automated systems interacting with or profiling minors face increased scrutiny, whether in education, content moderation, or targeted services.

Children’s data is becoming a benchmark for regulator expectations. Privacy leaders should expect stricter assessments of necessity, proportionality, and safeguards wherever minors may be affected, including in AI-enabled services.

Data transfers: Stability with ongoing scrutiny 

As of late 2025, core data transfer mechanisms remain in place. The EU extended the UK’s adequacy decision through December 2031, while continuing to monitor the impact of the UK’s Data Use and Access Act. The EU-US Data Privacy Framework also remains in force, with the European Commission confirming it would not be suspended. 

That said, regulators are signaling continued vigilance. Changes to domestic laws, enforcement practices, or oversight structures could affect future adequacy assessments. AI governance adds another layer. Training and deploying AI systems often involves global data flows, making transfer assessments a recurring consideration rather than a one-time exercise. 

Privacy leaders should treat data transfers as a living component of governance. Documentation, reassessment, and awareness of political and legal shifts remain essential.

Asia-Pacific: Rapid expansion and operational depth 

Privacy regulation across Asia-Pacific is accelerating in scope and enforcement. Vietnam passed multiple laws in 2025, including a comprehensive personal data protection law entering into force on January 1, 2026. The law formalizes data subject rights, controller obligations, and transfer restrictions, while parallel legislation introduces detailed data classification and security requirements.

South Korea is entering a pivotal year. Amendments to its Personal Information Protection Act and enforcement decrees refine access rights, security expectations, and obligations for foreign operators, including local representative requirements. Malaysia’s amended Personal Data Protection Act is now fully in force, introducing mandatory DPO appointments, breach notification, and data portability rights.

AI governance is increasingly embedded in these frameworks. Several APAC laws now include transparency, risk assessment, and safeguards for automated processing.

APAC is no longer peripheral to global privacy programs. Enforcement readiness and local governance structures will matter more in 2026.

Looking ahead: Privacy leadership in 2026 

Across regions, privacy regulation is no longer about introducing rights on paper. It is about testing whether organizations can apply those rights consistently, explain decisions clearly, and govern increasingly complex data uses, including AI.

In 2026, effective privacy leadership will require:

• A clear understanding of how enforcement priorities are evolving by jurisdiction
• Governance models that align privacy, AI, security, and product accountability
• The ability to demonstrate decisions, not just describe policies

For many organizations, privacy has become the foundation on which AI governance, consumer trust, and regulatory credibility are built. The leaders who succeed in 2026 will be those who recognize that connection and prepare accordingly.

Want deeper insight? To explore these trends in more detail and hear directly from OneTrust regulatory experts, watch the on-demand webinar Global regulatory update: 2025 privacy trends and what to watch next.

To get a forward view on privacy, AI, and regulatory accountability, dive into the OneTrust 2026 Predictions Report Into the Age of AI – Lessons from the Future  to understand how regulators, technology, and governance priorities are expected to evolve in the year ahead.

FAQ: Understanding the 2026 privacy landscape