The Council of the European Union adopted its first-reading position on 2 July 2026, endorsing a temporary extension of the derogation that allows providers of number-independent interpersonal communications services to voluntarily process personal and other data to detect and report online child sexual abuse and remove related material. The Council position restores, without retroactive effect, the derogation from Articles 5(1) and 6(1) of Directive 2002/58/EC, subject to strict conditions and without prejudice to the General Data Protection Regulation. The Commission accepts the Council's position.
The Commission's original proposal, dated 19 December 2025, aimed to extend Regulation (EU) 2021/1232 (the Interim Regulation) without altering its substance or safeguards, pending a long-term legal framework. The European Parliament stressed urgency on 18 June 2026, and the Permanent Representatives Committee guided the Council Presidency on 26 June 2026. The Council position avoids a legal gap until the permanent regulation is finalised.
Policy orientations and trade-offs The temporary derogation balances the need to combat online child sexual abuse with privacy protections under the ePrivacy Directive and GDPR. Providers may voluntarily process data for detection and reporting, but must adhere to strict conditions, including data minimisation and limited retention. The extension maintains the status quo, avoiding new obligations while ensuring continuity of existing voluntary measures.
Impact on stakeholders - EU citizens and children: Enhanced protection from online child sexual abuse through continued detection and reporting capabilities. - Providers of number-independent interpersonal communications services: Continued legal clarity to voluntarily process data without violating ePrivacy rules, but no new obligations. - National data protection authorities: Continued oversight under existing GDPR and ePrivacy frameworks, with no additional enforcement burdens. - EU institutions: Avoids a regulatory gap, but delays the adoption of a permanent legal framework, prolonging regulatory uncertainty.
Institutional follow-up The European Parliament will now consider the Council's first-reading position. If approved, the regulation will be adopted and enter into force, extending the derogation until the permanent regulation on combating child sexual abuse is finalised.