EDPS Opinion 7/2026 on the Proposal for a Regulation extending the application of Regulation (EU) 2021/1232
On 19 December 2025, the European Commission issued the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2021/1232 as regards the extension of its period of application.
The objective of the Proposal is to ensure that child sexual abuse online can be effectively and lawfully combated on the basis of Regulation (EU) 2021/1232 (the Interim Regulation) without interruptions until a longer-term legal framework, to be created by the Proposal for a Regulation laying down rules to prevent and combat child sexual abuse, is agreed. The inter-institutional negotiations on the proposed long-term Regulation have not concluded and, despite the previous extension of the application period of the temporary regime by Regulation (EU) 2024/1307, it is uncertain that they will conclude in time for the long-term Regulation to enter into force and to apply before the Interim Regulation is set to expire. Against this background, the Proposal aims to further extend the period of application of the Interim Regulation until 3 April 2028.
The EDPS recognises that child sexual abuse is a particularly serious and heinous crime and that the objective of enabling effective action to combat it amounts to an objective of general interest recognised by the Union. The EDPS recalls his previous Opinions on the Interim Regulation as well as the EDPS-EDPB Joint Opinion on the matter and provides additional recommendations on how to ensure greater legal certainty, in particular on how to ensure lawfulness of processing within the meaning of Regulation 2016/679.
The EDPS considers that the Proposal presents the right time and opportunity for the co-legislators to address some of the key shortcomings of the Interim Regulation, namely the lack of a clear legal basis for the processing of personal data and the need of effective safeguards against general and indiscriminate scanning, in line with the principles of necessity and proportionality.