The EU's proposed 'Regulation laying down rules to prevent and combat child sexual abuse' (CSA Regulation) remains under development, with a collection of documents and updates tracking its progress.

Interim ePrivacy derogation

Once finalized, the CSA Regulation is designed to supersede the temporary ePrivacy exemption established by Regulation (EU) 2021/1232. The original exemption was set to lapse on 3 August 2024, yet governments secured an extension on 29 April 2024 due to persistent disagreements over the CSA Regulation's final text. Following Parliament's rejection of a second extension, the derogation lapsed once more on 4 April 2026. Nevertheless, the Parliament's President encouraged member states to disregard Parliament's stance, leading governments to pressure MEPs into reconsidering their position. The extension is currently active and remains valid until 3 April 2028.

EDRi has documented its analysis of the interim ePrivacy derogation and the events preceding the CSA Regulation's introduction through several key resources:

  • 'Open Letter: Civil society views on defending privacy while preventing criminal acts' (27.10.2020)
  • Opinion of the European Data Protection Supervisor (EDPS) on the proposed temporary ePrivacy derogation (10.11.2020)
  • European Parliamentary Research Service (EPRS) 'Targeted substitute impact assessment on the Commission proposal on the temporary derogation from the e-Privacy Directive for the purpose of fighting online child sexual abuse' (February 2021)
  • EDRi's submission to the European Commission regarding its report about the effectiveness and proportionality of the temporary ePrivacy derogation (08/022024)

Source: EDRi (European Digital Rights)