HomeInsightsForeign Affairs Council of the EU adopts temporary Regulation to allow web-based service providers to continue fighting child sexual abuse material online on a voluntary basis

The temporary Regulation allows for a temporary derogation from Articles 5(1) and 6(1) of the E-Privacy Directive (2002/58/EC), so that communications service providers can continue to use certain technologies that scan content, including images and text, and analyse traffic data, which would otherwise be in breach of data protection and privacy laws. The legislation will apply for a maximum of three years, or fewer if new permanent rules on tackling child sexual abuse online are agreed in the meantime.

Following the EU Parliament’s endorsement of the text (as reported in last week’s N2K), the Council has now formally adopted the temporary Regulation. The next step is for the legislation to be published in the Official Journal. It will enter into force on the third day following publication. To read the outcome of the Foreign Affairs Council’s meeting on 12 July 2021, click here.