2025/0429 (COD)

OPINION OF THE COMMISSION

pursuant to Article 294(7), point (c), of the Treaty on the Functioning of the European Union,
on the European Parliament's amendments
to the Council's position

regarding the proposal for a Regulation OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse

1.Introduction

Article 294(7), point (c), of the Treaty on the Functioning of the European Union provides that the Commission is to deliver an opinion on the amendments proposed by the European Parliament in second reading. The Commission sets out its opinion below on the three amendments proposed by the Parliament.

2.Background

Regulation (EU) 2021/1232 (hereinafter the ‘Interim Regulation’) introduced a temporary derogation from certain obligations laid down in Directive 2002/58/EC 1 . It allowed providers of certain number-independent interpersonal communications services, on a voluntary basis and subject to strict safeguards, to continue using technologies for the processing of personal and other data in order to detect, report and remove online child sexual abuse from their services.

In December 2025, the Commission adopted a proposal for a limited extension of the Interim Regulation until 3 April 2028, with a view to avoiding legal uncertainty for service providers and maintaining a legal framework enabling voluntary activities to detect, report and remove online child sexual abuse from their services to continue in compliance with Union law while negotiations on the long-term Regulation to prevent and combat child sexual abuse online 2 (hereinafter the ‘long-term Regulation’) were ongoing. The Interim Regulation lapsed on 3 April 2026. The Council adopted its position in first reading on 2 July 2026. The Commission adopted its position on the Council’s position pursuant to Article 294(6) of the Treaty on the Function of the European Union on 3 July 2026.

3.Objective of the proposal from the Commission

The Commission proposal is solely intended to extend the period of application of the Interim Regulation, without otherwise altering its substance or the safeguards it provided. The proposal has as an objective to prevent legal uncertainty for service providers and ensure the continuity of the temporary legal framework, allowing providers to continue, on a voluntary basis and subject to strict conditions, activities to detect, report and remove online child sexual abuse, pending the adoption and application of the long-term Regulation.

4.Opinion of the Commission on the amendments proposed by the European Parliament

The three amendments proposed by the European Parliament exclude from the scope of the Regulation number-independent interpersonal communications to which end-to-end encryption is, has been or will be applied.

The Commission can support the adoption of the Regulation providing for a temporary derogation from certain provisions of Directive 2002/58/EC as amended by the European Parliament in its vote on 9 July 2026, as an exceptional and strictly temporary measure justified by the urgent need to restore, without retroactive effect, legal certainty at EU level for the voluntary activities of providers of number-independent interpersonal communications services to detect, report and remove online child sexual abuse from their services. In view of the limited duration and specific purpose of the Interim Regulation, although the scope of the exclusion would benefit from more precision and clarity to ensure an effective protection of children from both sexual violence and secondary victimisation, the amendments adopted by the European Parliament are considered acceptable and the Commission can therefore give a positive opinion on them.

This agreement is without prejudice to the position of the Commission on the ongoing negotiations on the long-term Regulation, which need to provide legal clarity and certainty for the long term. The Commission reiterates the need to reach swift agreement on a long-term Regulation to ensure effective protection of children.