Regulation 2021/1232/EU on a temporary derogation from certain provisions of the E-Privacy Directive (2002/58/EC) allows for a temporary derogation from Articles 5(1) and 6(1) of the E-Privacy Directive, so that communications service providers can continue to use certain technologies that scan content, including images and text, and analyse traffic data, which would otherwise be in breach of data protection and privacy laws. The legislation will apply for a maximum of three years, or fewer if new permanent rules on tackling child sexual abuse online are agreed in the meantime.

The legislation will enter into force on the third day following publication, i.e., on 2 August 2021. To access the legislation in the Official Journal 30 July 2021 L 274/41, click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.