Regulation (EU) 2024/1307 amending Regulation (EU) 2021/1232 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

Summary:

Regulation (EU) 2024/1307 - adopted by the co-legislators on 29 April 2024 - introducing amendments to Regulation (EU) 2021/1232 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. This is a text with EEA relevance.

Further information:

Regulation (EU) 2021/1232 laid down temporary and strictly limited rules derogating from certain obligations laid down in Directive 2002/58/EC - also known as the ePrivacy Directive - with the objective of enabling providers of certain number-independent interpersonal communications services to use specific technologies for the processing of personal and other data to the extent strictly necessary to detect online child sexual abuse on their services and report it and to remove online child sexual abuse material from their services.

The Regulation was put in place to provide a temporary solution pending the adoption of a long-term legal framework to tackle child sexual abuse at EU-level. The Act was set to expire in August 2024. However, due to the uncertainty that such framework would be in place by the time the interim Regulation expired, it became necessary to introduce a limited time extension. This Act addresses that need, extending the interim Regulation until April 2026.

The draft text was adopted by the European Commission on 30 November 2023. Member State representatives adopted a general approach to the file on behalf of the Council of the European Union on 20 December. The European Parliament's relevant committee adopted a negotiating position on 31 January 2024. An informal agreement between the co-legislators on a compromise text for this file was reached on 15 February. This was formally endorsed by the Parliament on 10 April and by the Council on 29 April. The Act was signed by the co-legislators on that same day and published in the Official Journal on 14 May 2024.

• Primary Source

Official

EUR-LEX: COM(2023)777: Proposal for a Regulation amending Regulation (EU) 2021/1232 on a temporary derogation from certain provisions of Directive 2002/58/EC for the purpose of combating online child sexual abuse https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2023:777:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Amending Interim Regulation on a temporary derogation from certain provisions of the ePrivacy Directive for the purpose of combating online child sexual abuse (2023/0452(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2023/0452(COD)

Publications Office of the EU: EU Law Tracker: Proposal for a Regulation amending Regulation (EU) 2021/1232 on a temporary derogation from certain provisions of Directive 2002/58/EC for the purpose of combating online child sexual abuse https://law-tracker.europa.eu/joint-legislative-portal/procedure/2023_452

European Parliament: Legislative Train Schedule: New legislation to fight child sexual abuse online https://www.europarl.europa.eu/legislative-train/theme-promoting-our-european-way-of-life/file-combating-child-sexual-abuse-online

Council of the European Union: Press Release, 20/12/2023: Child sexual abuse: Council paves the way for prolonging protection measure https://www.consilium.europa.eu/en/press/press-releases/2023/12/20/child-sexual-abuse-council-paves-the-way-for-prolonging-protection-measure/

Council of the European Union: Press Release, 15/02/2024: Child sexual abuse: Council and European Parliament agree to prolong protection measure https://www.consilium.europa.eu/en/press/press-releases/2024/02/15/child-sexual-abuse-council-and-european-parliament-agree-to-prolong-protection-measure/

Council of the European Union: Press Release, 29/04/2024: The Council gives the final green light to the prolongation of a child sexual abuse protection measure https://www.consilium.europa.eu/en/press/press-releases/2024/04/29/the-council-gives-the-final-green-light-to-the-prolongation-of-a-child-sexual-abuse-protection-measure/

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