Extension of the temporary derogation from the ePrivacy Directive to combat online child sexual abuse

By 228 votes to 311, with abstentions, the European Parliament rejected the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2021/1232 as regards the extension of its period of application.

In doing so, Parliament voted against extending a derogation to the rules allowing service providers to detect online child sexual abuse in private communications.

As a reminder, the Commission proposed to amend Regulation (EU) 2021/1232 to extend its period of application until 3 April 2028, a period limited to what is strictly necessary for the adoption of the long-term legal framework and its entry into force.

This extension would ensure that number-independent interpersonal communications service providers can continue to voluntarily use specific technologies to detect and report child sexual abuse online and to remove child sexual abuse material on their services after 3 April 2026, pending the adoption of long-term legislation.

Parliament's position, adopted on 11 March 2026, favoured extending the measures for a shorter period (until August 2027) than the Commission's proposal and with a more restricted scope to ensure that the measures remain proportionate and targeted.

Negotiations with the Council on the proposal did not result in an agreement. The temporary regulation will therefore expire after 3 April 2026.