With 458 in favour, 103 against and 63 abstentions, the European Parliament has endorsed a temporary extension of a current derogation of the ePrivacy Directive – due to expire on 3 April 2026 – so that an agreement on the long-term legal framework to prevent and combat child sexual abuse online can be reached.
While they support the derogation’s extension, MEPs say the voluntary measures need to remain proportional and targeted and should not apply to end-to-end encrypted communications. Scanning traffic data alongside content data should not be allowed either, they argue.
According to MEPs, the technology used for the voluntary detection of child sexual abuse material (CSAM) should only apply to material that has already been identified as such, or flagged as potential CSAM by a user, a trusted flagger or an organisation. Measures should target users or specific groups of users identified by a judicial authority as being reasonably suspected of being connected to CSAM.
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After the vote, rapporteur Birgit Sippel (S&D, Germany) said: “We have a responsibility to address the horrific crime of child sexual abuse while safeguarding everyone’s fundamental rights.
This interim derogation, which I support, is a temporary, strictly limited instrument allowing providers to continue voluntary detection measures under specific conditions. At the same time, this extension must uphold end-to-end encryption. Reducing the scope of the extension to previously identified and hashed child sexual abuse material and material raised by flaggers is both necessary and justified for a proportionate framework that will withstand judicial scrutiny and provide sustainable protection for children.”
Background and next steps
Parliament is now ready for negotiations with the Council on extending the exemption.
The voluntary exemption was already extended in 2024. Parliament has been ready for negotiations on the permanent framework since November 2023. Since Council adopted its position in November 2025, talks on the permanent law have been ongoing.
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