July 13, 2026, 11:45 am | Read time: 4 minutes
The European Parliament has paved the way for a new temporary exemption from European data protection rules. This could allow companies like WhatsApp, Microsoft, or Google to once again search private chats for signs of child sexual abuse.
However, the Parliament wants to modify the original proposal. This allows the legislative process to continue. The planned transitional regulation is set to be in effect until April 2028. Before it can take effect, the EU Commission must first comment on the proposed changes. Subsequently, the Council of Member States must also agree.
Parliament Sets Extension in Motion Again
More than three months ago, a majority of European Parliament members opposed an unchanged continuation of the exemption. EU Parliament President Roberta Metsola then put the issue back on the agenda with an unusual approach.
The exemption is not new. However, it expired in April 2026 after the European Parliament rejected an extension in its previous form. The new transitional regulation is intended to allow messaging services to continue searching for indications of child pornography on their platforms.
Parliament Rejects Pre-Encryption Scans
According to the member states’ ideas, automated checks should be possible directly on smartphones or computers. Experts refer to this process as “client-side scanning.” In this process, software checks messages as well as photos and videos before they are encrypted and sent.
The European Parliament wants to largely exclude this point. According to its position, content that is yet to be encrypted should also remain protected. The planned regulation is also explicitly not intended to allow the breaking of end-to-end encryption, which is now standard for services like WhatsApp or Signal.
If potential suspicions are detected, the Parliament’s demands state that these should be additionally reviewed by a human before being passed on to authorities. This is intended to eliminate errors from automatic programs.
Previous Negotiations Failed
In early March 2026, a majority of European Parliament members advocated allowing checks only in cases of specific suspicion. However, the Council of Member States did not want to accept these restrictions. As a result, negotiations between the two institutions failed.
Even at the end of March, the Parliament maintained its stance and again rejected an unconditional extension of the exemption. As a result, the previous regulation expired. Online platforms no longer had the legal basis to search for child pornography material. This led to criticism from investigators, some child protection advocates, and politicians. Chancellor Friedrich Merz (CDU) called it a serious “setback for the protection of our children.”
Metsola Initiates New Talks
Negotiations for a permanent legal solution were recently the focus. However, in mid-June 2026, EU Parliament President Roberta Metsola advocated at the EU summit to renegotiate a transitional solution.
Also of interest: EU age verification on the internet is expected to come sooner
Subsequently, the EU states formally decided once again to extend the exemption. This allowed the European Parliament to vote on the issue for a third time.
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Criticism of the Accelerated Procedure
The European People’s Party (EPP) faction, which includes the CDU and CSU, additionally requested an expedited procedure. The goal was to vote on the planned rules before the summer break.
This approach met with significant criticism. AfD European Parliament member Mary Khan called it a democratic scandal. The Greens accused the EPP of exploiting a loophole in the procedure. Erik Marquardt also stated that Parliament President Roberta Metsola had massively overstepped her role. European Parliament members Martin Sonneborn and Sibylle Berg (both from Die Partei) also described the expedited procedure as inadmissible in a letter to Metsola.
Vote Narrowly Decided
A total of 592 members participated in the vote. An absolute majority of the current 719 European Parliament members would have been necessary to stop the extension. 276 members voted to reject the extension, 286 against. Another 30 abstained. In addition to the EPP, the European Social Democrats also mostly supported the extension of the exemption.
Regardless of the transitional solution, the EU institutions continue to work on a permanent legal regulation. EPP leader Manfred Weber (CSU) stated: “Unfortunately, an effective solution was unnecessarily delayed today.”
The Council of EU States and the European Parliament are still negotiating the corresponding legal text. Only when both institutions agree on common rules can the permanent regulations take effect. (With material from dpa.)