Council of the EU approves interim rules to resume voluntary detection of online child sexual abuse material

The Council of the European Union has adopted a temporary regulation allowing online service providers to resume the voluntary detection, reporting, and removal of child sexual abuse material while negotiations continue on a permanent legal framework.

Council of the EU approves interim rules to resume voluntary detection of online child sexual abuse material

On 23 July 2026, the Council of the European Union gave its final approval to an interim regulation enabling online service providers to voluntarily detect, report, and remove child sexual abuse material (CSAM) on their platforms. The measure reinstates a temporary legal framework that had lapsed on 3 April 2026, creating a gap in the legal basis for these voluntary activities.

The regulation provides a temporary derogation from certain provisions of the ePrivacy Directive, allowing eligible providers to continue using technologies to identify child sexual abuse material and online grooming, report suspected offences to the relevant authorities, and remove illegal content from their services. The Council stated that these voluntary measures support the identification of victims, assist law enforcement investigations, and help prevent the further distribution of abusive material.

The reinstated framework will remain in force until 3 April 2028, providing legal continuity while the Council and the European Parliament continue negotiations on a permanent legislative framework to prevent and combat online child sexual abuse.

The Council adopted the regulation as amended by the European Parliament on 9 July 2026, citing the need to restore the legal framework without delay. Among the amendments incorporated into the interim measure is the exclusion of number-independent interpersonal communications protected by end-to-end encryption from the scope of the regulation. The Council noted, however, that accepting these amendments for the temporary regulation does not predetermine its position in negotiations on the long-term legislation, where additional clarification may be required.

The regulation is expected to be published in the Official Journal of the European Union shortly and will enter into force three days after publication.

The interim framework builds on the original regulation adopted in 2021, which introduced a temporary derogation from the ePrivacy Directive while the EU worked towards a comprehensive legislative solution. Following the expiry of that measure in April 2026, the renewed regulation restores legal certainty for providers engaging in voluntary child protection activities until permanent rules are agreed.

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