EU Parliament, Council fail to extend temporary ePrivacy CSAM detection rules

Negotiators between the European Parliament and the Council of the European Union have failed to reach an agreement on extending the temporary ePrivacy derogation, which is set to expire on 3 April 2026 and allows service providers to voluntarily detect online child sexual abuse material (CSAM). As a consequence, voluntary scanning for such material by providers will no longer be legally possible after this date.

Parliament rapporteur Birgit Sippel noted that, despite their willingness to negotiate, member states showed little flexibility regarding the extension. While Parliament supported the continued detection of previously identified or reported material, it sought a more targeted approach for unknown material and grooming due to a lack of proof regarding effectiveness. Sippel confirmed that the focus will now shift to strengthening law enforcement capabilities, reminding providers of their responsibilities and raising awareness among citizens. 

The development is also expected to impact ongoing negotiations on a permanent regulation to combat child sexual abuse.

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