European Union: Adopted Council general approach on the proposal for a Regulation extending derogation from the ePrivacy Directive to support the detection of child sexual abuse

On 20 December 2023, the Council of the European Union (EU) reached a common position on the extension of the derogation from the ePrivacy Directive to support the detection of child sexual abuse (Regulation 2021/1232) of the ePrivacy Directive (2002/58/EC). The proposed Regulation would have expired on 3 August 2024. The agreement reached extends the transitional measure until 3 August 2027. The extension of the proposed Regulation concerns Articles 5(1) and 6(1) of the ePrivacy Directive, which protects the confidentiality of communications and traffic data. Specifically, the regulations allow voluntary use by providers of technologies for the processing of personal and other data to the extent necessary to detect, report, and remove online child sexual abuse material from their services. After the Parliament also adopts its position, the Council and the European Parliament will commence negotiations on a final legal text.