On 2 July 2026, the Council of the European Union adopted its first-reading position on a regulation that temporarily derogates from Directive 2002/58/EC to allow providers of number-independent interpersonal communications services to process personal and other data for the purpose of combating online child sexual abuse. The Council's statement of reasons explains that the position was adopted despite the lack of agreement with the European Parliament, in order to avoid a legal gap while negotiations on a long-term legal framework continue.
The temporary derogation applies only until the permanent framework is adopted, ensuring continuity of data processing capabilities for service providers during the interim period. The Council's position was adopted under Article 294(5) TFEU and has been communicated to the European Parliament. The move aims to prevent a prolonged legal gap in efforts to combat online child sexual abuse, though it may create temporary regulatory uncertainty until the long-term framework is finalized. The regulation reflects ongoing interinstitutional negotiations and the possibility of future amendments.