2022/0155(COD) | [ParlTrack]

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1

Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. PAll persons including with disabilities shall have the equal right to ask and receive such an information in a manner accessible to them. The information shall be provided to the persons requesting it in a confidential, easily understandable and accessible manner, within a certain period.

Amendment 105 #

Proposal for a regulation
Article 21 – title

Victims’ right of assistance and support ~~for removal~~

Amendment 106 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Article 21 – paragraph 1

1. The providers of very large online platforms that have identified the risk of use of their service for the purpose of online child sexual abuse in line with Article 3 shall provide reasonable assistance, on request, to persons residing in the Union that seek to report potential abuse, by putting in place reporting functions in a prominent way on their platform. Such providers shall ensure adequate follow-up, when a report or alert is made, in the language that the user has chosen for their service. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider.

Amendment 107 #

Proposal for a regulation
Article 21 – paragraph 1

1. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider complemented in a timely matter and, if requested and appropriate, also included in the list of indicators used to prevent the further dissemination of these items.

Amendment 108 #

Proposal for a regulation
Article 21 – paragraph 1

1. Providers of hosting services shall provide reasonable assistance, on request, in a timely manner, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider.

Amendment 109 #

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2

In this regard, a special green line with a call centre assistance service will be established, in order for victims and their families to receive support in a timely manner. That Coordinating Authority shall transmit the request to the EU Centre through the system established in accordance with Article 39(2) and shall communicate the results received from the EU Centre to the person making the request.

Amendment 110 #

Proposal for a regulation
Article 21 – paragraph 4 a (new)

4 a. Member States shall establish and improve the functioning of child helpline and missing children hotline, including through funding and capacity building, in line with Article 96 of Directive (EU) 2018/1972.

Amendment 111 #

4 b. Member States shall ensure that law enforcement authorities have adequate technical, financial and human resources to carry out their tasks, including for the purpose of identification of victims.

Amendment 112 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2

The Coordinating Authority shall be responsible for all matters related to application and enforcement of this Regulation in the Member State concerned, unless that Member State has assigned certain specific tasks or sectors to other competent authorities. The Coordinating Authority shall also be responsible for the coordination and adaptation of prevention techniques, elaborated by the EU Centre. The Coordinating Authority shall generate recommendations and good practices on improving digital literacy and skills amongst the population trough the realization of awareness campaigns on a national level, targeting in particular parents and children on the detection and prevention of child sexual abuse online.

Amendment 113 #

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2

The Coordinating Authority shall be responsible for all matters related to the application and enforcement of this Regulation, and to the achievement of the objective of this regulation in the Member State concerned, unless that Member State has assigned certain specific tasks or sectors to other competent authorities.

Amendment 114 #

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3

The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters, including matters related to prevention and for contributing to the effective, efficient and consistent application and enforcement of this Regulation throughout the Union.

Amendment 115 #

Proposal for a regulation
Article 25 – paragraph 3

3. ~~Where a~~Each Member State ~~designates more than one competent authority in addition to the Coordinating Authority, it shall ensure that the respective tasks of those authorities~~shall ensure that a contact point is designated or established within the Coordinating Authority to handle requests for clarification, feedback and of the ~~Coordinating Authority are clearly defined and that they cooperate closely and effectively when performing their tasks. The Member State concerned shall communicate the name~~r communications concerning all matters related to the application and enforcement of this Regulation in that Member State. Member States shall make the information ofn the ~~other competent authorities as well as their respective tasks to the EU Centre and the Commiss~~contact point publicly available, shall promote its dissemination and visibility in order to raise awareness, especially in public places frequented by children, and shall communicate it to the EU Centre. They shall keep that information updated and easy to find in order to draw the public attention to existing danger and prevention.

Amendment 116 #

Proposal for a regulation
Article 25 – paragraph 5

5. Each Member State shall ensure that a contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation in that Member State. Member States shall make the information on the contact point publicly available ~~and communicate it to the EU Centre. They shall keep that information updated~~, shall promote its dissemination and visibility in order to raise awareness, especially in public places frequented by children, and shall communicate it to the EU Centre. They shall keep that information updated and easy to find in order to draw the public attention to existing danger and prevention.

Amendment 117 #

Proposal for a regulation
Article 25 – paragraph 5

5. Each Member State shall ensure that a contact point is designated or established within the Coordinating Authority’s office to coordinate prevention within the Member State and to handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation in that Member State. Member States shall make the information on the contact point publicly available and communicate it to the EU Centre. They shall keep that information updated.

Amendment 118 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Article 25 – paragraph 7 – point d a (new)

(d a) provide knowledge and experience on appropriate prevention techniques on grooming and the detection and dissemination of CSAM online;

Amendment 119 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Article 25 a (new)

Article 25 a Cooperation with partner organisations Where necessary for the performance of its tasks under this Regulation, including the achievement of the objective of this Regulation, and in order to promote the generation and sharing of knowledge in line with Article 43 (6), the Coordinating Authority shall cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse, including civil society organisations and semi-public organisations and practitioners.

Amendment 120 #

Proposal for a regulation
Article 26 – paragraph 2 – point c

(c) are free from any undue external influence, whether direct or indirect; it being understood that the membership of the Coordinating Authority in a recognised international network shall not prejudice its independent character;

Amendment 121 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Article 26 – paragraph 4

4. The Coordinating Authorities shall ensure that ~~relevant~~ members of staff have the required qualifications, experience and technical skills ~~to perform their dut~~in the area of combatting online child sexual abuse. Members of staff shall be offered appropriate trainings in order to continuously improve their understanding of the constantly evolving digital technologies.

Amendment 122 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Article 34 – paragraph 2

2. Coordinating Authorities shall also provide child~~-friendly mechanisms to submit a complaint under this Article and adopt a child-sensitive approach when handling complaints submitted by children, taking due account of the~~ren with the necessary tools to recognize suspicious behavior and potentially dangerous content online and easily submit a complaint under this Article. Coordinating Authorities shall examine every complaint and adopt a child-sensitive approach taking into account the specificities of all elements of the complaint (website or interpersonal communication service, child'’s age, ~~maturity, views, needs and~~specific concerns).

Amendment 123 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Article 39 – paragraph 1

1. Coordinating Authorities shall cooperate with each other, with national hotlines and any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and other relevant Union agencies, including Europol, to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement. Coordinating Authorities shall exchange information and best practices on preventing and combatting grooming and child sexual abuse online.

Amendment 124 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Article 40 – paragraph 2

2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information, educational materials and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.

Amendment 125 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO

Proposal for a regulation
Article 40 – paragraph 2

2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information, good practices and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.

Amendment 126 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Article 40 – paragraph 2 a (new)

2 a. The EU Centre shall elaborate appropriate prevention techniques on grooming and child sexual abuse online, based on its knowledge, expertise and achievements, in close cooperation with relevant stakeholders and in line with the Communication of the Commission of 11 May “A Digital Decade for children and youth: the new European strategy for a better internet for kids" (BIK+).

Amendment 127 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – introductory part

(6) facilitate the generation and sharing of knowledge with other Union institutions, bodies, offices and agencies, organisations acting in the public interest against child sexual abuse and hotlines, Coordinating Authorities or other relevant authorities of the Member States to contribute to the achievement of the objective of this Regulation, by:

Amendment 128 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a

(a) collecting, recording, analysing and providing information, providing analysis based on anonymised and non-personal data gathering, and providing expertise on matters regarding the prevention and combating of online child sexual abuse, in accordance with Article 51, including in view of updating guidelines on prevention and mitigation methods for combatting child sexual abuse, especially for the digital dimension as per new technological developments;

Amendment 129 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Amendment 130 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a a (new)

(a a) gathering information about awareness and prevention campaigns carried out in the different Member States, as well as good practices carried out by public and private bodies, stakeholders and education systems and centres;

Amendment 131 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b

(b) supporting the development and dissemination of research and expertise on those matters and on assistance to victims, including by serving as a hub of expertise to support evidence-based policy and by linking researchers to practitioners;

Amendment 132 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b

(b) supporting the development and dissemination of research, educational materials and expertise on those matters and on assistance to victims, including by serving as a hub of expertise to support evidence-based policy;

Amendment 133 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)

(b a) contribute to the implementation of awareness campaigns as per the potential risks posed by the online environment to children, in order to equip them with adequate skills for detecting potential grooming and deceit, to ensure safe use of the internet by children and to better implement the prevention component of online child sexual abuse;

Amendment 134 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)

(b a) promoting age-differentiated awareness-raising campaigns in schools and information campaigns for parents, teachers and pupils;

Amendment 135 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b b (new)

(b b) assisting with expertise and knowledge in the development and implementation of teacher training across the Union, in order to equip teachers with the necessary skills for guiding children on safely using information society services and detecting potentially malicious behaviour online;

Amendment 136 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b b (new)

(b b) providing age-appropriate educational material to Member States, stakeholders and educational institutions or centres interested in giving talks or courses on sex education, cyber safety and prevention of sexual abuse of children;

Amendment 137 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Article 43 – paragraph 1 – point 6 a (new)

(6 a) supporting and promoting the regular exchange of best practices and lessons learned among Member States on raising awareness for the prevention of child sexual abuse, prevention programmes and non-formal and formal education on the risks of sexual abuse in the digital environment;

Amendment 138 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Article 43 – paragraph 1 – point 6 b (new)

(6 b) provide assistance with training on prevention of child sexual abuse online for officials from Member States;

Amendment 139 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

8 a. Where the EU Centre receives a report from a hotline, or where a provider that submitted the report to the EU Centre has indicated that the report is based on the information received from a hotline, the EU Centre shall refrain from forwarding the report to the competent law enforcement authority or authorities to avoid duplicated reporting on the same material that has already been reported to the national law enforcement by the hotlines, and shall monitor the removal of the child sexual abuse material or cooperate with the relevant hotline to track the status.

Amendment 140 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Article 50 – paragraph 3

3. Where necessary for the performance of its tasks under this Regulation, the EU Centre shall carry out, participate in or encourage research, surveys and studies, either on its own initiative or, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the Commission. The collected knowledge (resulting from research, surveys and studies) shall serve as a tool to elaborate prevention techniques on child sexual abuse online to be adapted and implemented by Coordinating Authorities in each Member State.

Amendment 141 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Article 50 – paragraph 3

3. ~~Where necessary for the performance of its tasks under this Regulation~~To better combat and prevent child sexual abuse, the EU Centre shall carry out, participate in or encourage research, surveys and studies, ~~either on its own initiative or, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the Commission~~in each Member State, in order to collect more information about the current situation in each country, to compare the results and effectiveness of the used methods. Such data should be open in order to find the gaps and foci of spreading and further fight. The EU Centre shall support Member States and the Coordinating Authorities in conducting research, taking into account national specificities.

Amendment 142 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Article 50 – paragraph 4

4. The EU Centre shall provide the information referred to in paragraph 2 and the information resulting from the research, surveys and studies referred to in paragraph 3, including its analysis thereof, and its opinions on matters related to the prevention and combating of online child sexual abuse to other Union institutions, bodies, offices and agencies, Coordinating Authorities, Hotlines, other competent authorities and other public authorities of the Member States, either on its own initiative or at request of the relevant authority. Where appropriate, the EU Centre shall make such information publicly available.

Amendment 143 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Article 50 – paragraph 5

5. The EU Centre shall develop prevention techniques on the detection of suspicious content and behavior online and shall communicate it to Coordinating Authorities of each Member State, so they could adapt and initiate measures to improve digital literacy and raise awareness amongst parents and educators of the existing digital tools to insure a safe digital environment for children. The EU Centre shall also establish a communication strategy and promote dialogue with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of and improve and conltin~~e child sexual abuse and measures to prevent and combat such~~uously adapt prevention techniques on grooming and online child sexual abuse.

Amendment 144 #

Proposal for a regulation
Article 50 – paragraph 5 a (new)

5 a. The EU Centre should develop ambitious campaigns tailored for all age ranges, taking into account that they should reach out to young children, adolescents, parents, teachers and society at large. They should also take into account people with disabilities, who may be more vulnerable as they may not have full access to this information.

Amendment 145 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Article 54 – paragraph 1

1. Where necessary for the performance of its tasks under this Regulation, the EU Centre ~~may~~shall cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse, including civil society organisations and semi-public organisations. In particular, the cooperation with the EU Centre referred to in paragraph 1 may include the following: (a) supporting the Commission in the preparation of the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11; (b) updating the databases of indicators referred to in Article 44; (c) making technologies available to providers for the execution of detection orders issued to them, in accordance with Article 50(1); or (d) innovation of the detection technologies and education of the service providers and other stakeholders on the effective prevention and mitigation measures through information sharing or collective action.

Amendment 146 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Article 54 – paragraph 2

2. The EU Centre may conclude ~~memoranda of understanding~~strategic and/or operational cooperation agreements with organisations referred to in paragraph 1, laying down the terms of cooperation.

Amendment 147 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Article 83 a (new)

Article 83 a Data collection on prevention programmes Member States shall report on the anticipated number of children in primary education who have been informed through the awareness campaigns and through the education programmes about the risks of all forms of sexual exploitation of children, including in the online environment.

Amendment 148 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Article 85 – paragraph 1

1. By [~~fiv~~three years after the entry into force of this Regulation], and every five years thereafter, the Commission shall evaluate this Regulation and submit a report on its application to the European Parliament and the Council.

Amendment 149 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Article 85 – paragraph 2

2. By [~~fiv~~three years after the entry into force of this Regulation], and every five years thereafter, the Commission shall ensure that an evaluation in accordance with Commission guidelines of the EU Centre’s performance in relation to its objectives, mandate, tasks and governance and location is carried out. The evaluation shall, in particular, address the possible need to modify the tasks of the EU Centre, and the financial implications of any such modification.

Amendment 26 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Recital 1

(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. Digital services have become an irreplaceable tool for today’s children, as information, elements of formal education, social contact and entertainment are increasingly online; whereas digital services can also expose children to risks such as unsuitable content, grooming, and child sexual abuse. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children. In order to ensure a safer online experience for children and prevent the above-mentioned offences, digital literacy should be recognized as a mandatory skill by Member States and should be included in the school curriculum across the EU.

Amendment 27 #

Isabella ADINOLFI, Tomasz FRANKOWSKI, Peter POLLÁK, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Loucas FOURLAS

(1 a) The role of prevention should be emphasised by equipping children, parents and caregivers with the necessary instruments in order to develop situational awareness of the online environment, evaluate potential risks and support children in being safe online. In this regard, education facilities should have a greater role in contributing to this scope, reason for which civic education classes should also provide for the attainment of safe internet skills for children.

Amendment 28 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Recital 2

(2) Given the central importance of relevant information society services, those aims can only be achieved by appropriate prevention techniques, improving digital literacy, and ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to ~~prevent and combat such abuse. T~~combat such abuse. In order to alleviate the burden on providers, the measures should also aim to raise awareness amongst parents and children and further develop their digital skills, so that they can detect suspicious behaviours online. Once a child sexual abuse material (CSAM) is reported, the measures taken should be targeted, carefully balanced and proportionate, so as to avoid any undue negative consequences for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid imposing any excessive burdens on the providers of the services.

Amendment 29 #

Proposal for a regulation
Recital 2

(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to prevent and combat such abuse. The measures taken should be targeted, carefully balanced and proportionate, so as to avoid any undue negative consequences for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid imposing any excessive burdens on the providers of the services. To this end, fundamental importance should be attached to ensuring the necessary funding to European programmes and projects which aim to improve digital skills and awareness of risk linked to the digital world, such as “Media literacy for all”.

Amendment 30 #

Isabella ADINOLFI, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Loucas FOURLAS

Proposal for a regulation
Recital 2 a (new)

(2 a) For the purposes of this regulation, “digital skills” should be understood as skills relating to the web as a whole, consisting of both easily accessible surface web platforms and platforms accessible through the deep and dark web. The EU must therefore provide for effective awareness of the dangers also lurking in the deep and dark web.

Amendment 31 #

Proposal for a regulation
Recital 3

(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, have a direct negative effect on the internal market and lead to a fragmentation in the Union’s approach towards this phenomenon. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.

Amendment 32 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Recital 3

(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements and appropriate prevention techniques should be laid down at Union level.

Amendment 33 #

Isabella ADINOLFI, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Loucas FOURLAS

Proposal for a regulation
Recital 4

(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat online child sexual abuse in a manner that is effective and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology- neutral and future- proof manner, so as not to hamper innovation.

Amendment 34 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Recital 4 a (new)

(4 a) To insure full application of the objectives of this Regulation, Member States shall implement prevention strategies and awareness campaigns in their school curriculum and inside educational institutions. Taking into account the data collected by the EU Centre, Coordinating Authorities, relevant law enforcement agencies and existing hotlines across the EU, Member States should elaborate prevention techniques improving digital literacy, by educating children on how to safely surf online and how to recognize signals of cyber grooming. Prevention techniques and awareness campaigns should also target parents. Parents and caregivers shall be informed of the existence and the functioning of digital tools to limit and direct their child’s/children’s experience online and limit access to age- inappropriate or harmful content online.

Amendment 35 #

Proposal for a regulation
Recital 6

(6) Online child sexual abuse frequently involves the misuse of information society services offered in the Union by providers established in third countries. IConsidering the seriousness of the offences committed, considering that the protection of children is a priority for the EU, considering that service providers established in third countries often do not cooperate with member state authorities, in order to ensure the effectiveness of the rules laid down in this Regulation and a level playing field within the internal market, those rules should apply to all providers, irrespective of their place of establishment or residence, that offer services in the Union, as evidenced by a substantial connection to the Union.

Amendment 36 #

Isabella ADINOLFI, Theodoros ZAGORAKIS, Loucas FOURLAS

Proposal for a regulation
Recital 11

(11) A substantial connection to the Union should be considered to exist where the relevant information society services has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States should be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of a software application in the relevant national software application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1), point (c), of Regulation (EU) 1215/2012 of the European Parliament and of the Council44 . ~~Mere technical accessibility of a website from the Union should not, alone, be considered as establishing a substantial connection to the Union.~~ _________________ 44 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).

Amendment 37 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Recital 11 a (new)

(11 a) The UN Study on Violence against Children defines "child sexual abuse" as any type of sexual activity inflicted on children, especially by someone who is responsible for them, or who has power or control over them, and whom they should be able to trust. Sexual violence against children encompasses a wide range of acts, such as forced sexual intercourse in intimate partner relationships, rape by strangers, systematic rape, sexual harassment (including demanding sex in exchange for compensation of any kind), sexual abuse of children, child marriage and violent acts against the sexual integrity of women, including female genital mutilation and compulsory virginity inspections.

Amendment 38 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Recital 11 b (new)

(11 b) UNICEF defines child sexual abuse as when a child is used for the sexual stimulation of the perpetrator or the gratification of an observer. It involves any interaction in which consent does not exist or cannot be given, regardless of whether the child understands the sexual nature of the activity and even when the child shows no signs of refusal.

Amendment 39 #

Isabella ADINOLFI, Asim ADEMOV, Tomasz FRANKOWSKI, Peter POLLÁK, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Loucas FOURLAS

Proposal for a regulation
Recital 12

(12) For reasons of consistency and technological neutrality, the term ‘child sexual abuse material’ should for the purpose of this Regulation be defined as referring to any type of material constituting child pornography or pornographic performance within the meaning of Directive 2011/93/EU, which is capable of being disseminated through the use of hosting or interpersonal communication services. At present, such material typically consists of images or videos, without it however being excluded that it takes other forms, especially in view of future technological developments. Close attention should be paid to the development of new technologies and platforms, such as the metaverse. In such platforms child sexual abuse material might be generated and exchanged or child sexual abuse perpetrated through the use of avatars or any other form of virtual identities.

Amendment 40 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Recital 13 a (new)

(13 a) The term "online grooming" refers to the process by which an adult tries to manipulate a child in order to obtain sexual audiovisual material or to have some kind of in-person sexual relationship with the child. According to international studies to date, between 5% and 15% of minors have been sexually solicited by adults through ICTs. Within the prevention measures, we must consider the responsible use of ICTs as a fundamental part of awareness-raising and education, where it is crucial to raise awareness of the implications of online consent to the use and dissemination of personal data, images or other information.

Amendment 41 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Recital 13 b (new)

(13 b) In order to minimise the risks of online child content made available by legal guardians being used for ‘grooming’ as ‘new’ child sexual abuse material, media and digital literacy programmes should be put in place to make citizens aware of their responsibility as content disseminators. In this sense, ‘digital literacy’ refers to skills, knowledge and understanding that allows users to gain awareness on the potential risks associated with the child content they generate, produce and share, in the context of the child’s fundamental rights, and the obligations set out in this Regulation and in other Union data related Regulations. Consequently, the Union and its Member States should allocate more investments in education and training to spread digital literacy, and ensure that progress in that regard is closely followed.

Amendment 42 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Recital 17 a (new)

(17 a) Member States continue to struggle with putting in place effective prevention programmes to combat child sexual abuse as required in Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography, where frequently multiple types of stakeholders need to take action. As a result, children and the persons in their environment are insufficiently aware of the risks of sexual abuse and of the means of limiting such risks, while the online dimension represents a particular challenge, with constant growing tendency. As education plays a key role in the prevention of child sexual abuse, Member States should inform the public, by all means necessary, about the dangers and risks of sexual abuse for young people in the digital world, including by ensuring a close cooperation at European and international level and by strengthening work with organised civil society, in particular with schools and law enforcement representatives. Member States should take appropriate means to include programmes to this effect in the early education curricula.

Amendment 43 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Recital 18 a (new)

(18 a) Basic digital skills, including cyber hygiene, cyber safety, data protection and media literacy are essential for children and young people, as they enable them to make informed decisions, assess and overcome the risks associated with the internet. Therefore, it is important to strengthen media literacy efforts in Member States and at the Union level, through dedicated media literacy education, publicly available relevant materials adapted for different age groups and information campaigns for children and their guardians.

Amendment 44 #

Isabella ADINOLFI, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Loucas FOURLAS

Proposal for a regulation
Recital 22

(22) However, the finding of such a significant risk should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detection orders can be issued only after the Coordinating Authorities and the competent judicial authority or independent administrative authority having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the likelihood and seriousness of any potential negative consequences for other parties affected. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned. In this regard, close cooperation is advisable so as to have a comprehensive view of all the information required in order to perform the assessment in a clear and detailed manner.

Amendment 45 #

Proposal for a regulation
Recital 24

(24) The competent judicial authority or the competent independent administrative authority, as applicable in accordance with the detailed procedural rules set by the relevant Member State, should be in a position to take a well-informed decision on requests for the issuance of detections orders. That is of particular importance to ensure the necessary fair balance of the fundamental rights at stake and a consistent approach, especially in connection to detection orders concerning the solicitation of children. Therefore, a procedure should be provided for that allows the providers concerned, the EU Centre on Child Sexual Abuse established by this Regulation (‘EU Centre’) and, where so provided in this Regulation, the competent data protection authority designated under Regulation (EU) 2016/679 to provide their views on the measures in question. They should do so as soon as possible, having regard to the important public policy objective at stake and the need to act without undue delay to protect children, in view of the seriousness of the impact that such offences have on the physical and mental health of minors and in view of the difficulty of curbing the dissemination of material online. In particular, data protections authorities should do their utmost to avoid extending the time period set out in Regulation (EU) 2016/679 for providing their opinions in response to a prior consultation. Furthermore, they should normally be able to provide their opinion well within that time period in situations where the European Data Protection Board has already issued guidelines regarding the technologies that a provider envisages deploying and operating to execute a detection order addressed to it under this Regulation.

Amendment 46 #

Isabella ADINOLFI, Tomasz FRANKOWSKI, Peter POLLÁK, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Loucas FOURLAS

Proposal for a regulation
Recital 35

(35) The dissemination of child sexual abuse material is a criminal offence that affects the rights of the victims depicted. Victims ~~should therefore~~have the right to be forgotten, i.e. the right to request the deletion of child sexual abuse material depicting them. Victims should also have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant information if known child sexual abuse material depicting them is reported by providers of hosting services or providers of publicly available interpersonal communications services in accordance with this Regulation.

Amendment 47 #

Proposal for a regulation
Recital 35 a (new)

(35 a) As pointed out in the EU strategy for a more effective fight against child sexual abuse 1a, children themselves need to have the knowledge and tools that could help them not to be confronted with the abuse when possible and they need to be informed that certain behaviours are not acceptable. The Commission-funded network of Safer Internet Centres raises awareness on online safety and provides information, resources and assistance via helplines and hotlines on a wide range of digital safety topics including grooming and sexting. The One in Five campaign by the Council of Europe and Europol’s “#SayNo” initiative are further examples of how this can be done. When abuse occurs, children need to feel secure and empowered to speak up, react and report, even when the abuse comes from within their circle of trust, as it is often the case. They also need to have access to safe, accessible and age-appropriate channels to report the abuse without fear. As stated in the Recommendation of the UN Committee on the Rights of the Child 1b, States parties should ensure that digital literacy is taught in schools, as part of basic education curricula, from the preschool level and throughout all school years, and that such pedagogies are assessed on the basis of their results. Curricula should include the knowledge and skills to safely handle a wide range of digital tools and resources, including those relating to content, creation, collaboration, participation, socialization and civic engagement. _________________ 1a COM(2020) 607 final, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU strategy for a more effective fight against child sexual abuse 1b CRC/C/GC/25, General comment No. 25 (2021) on children’s rights in relation to the digital environment from UN Committee on the Rights of the Child

Amendment 48 #

Proposal for a regulation
Recital 36

(36) In order to prevent children from falling victim of abuse, providers of very large online platforms which have identified the risk of use of their service for the purpose of online child sexual abuse in line with Article 3 should provide reasonable assistance, by putting in place alert and alarm mechanisms in a prominent way on their platforms. The alert mechanism could consist of, for example, linking potential victims to the local organisations such as helplines, victims` right organisations or hotlines. Providers of very large online platforms should ensure adequate follow-up, when a report or alert is made, in the language chosen by the user for using their service. Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to ~~be assisted by the EU Centre in this regard, via the Coordinating Authorities.~~ receive adequate psycho-social, age appropriate, child-friendly support and to be assisted by the EU Centre and its relevant partners, such as child helplines or other psycho-social support mechanisms in this regard, via the Coordinating Authorities. Member States should establish and improve the functioning of child helpline and missing children hotline, including through funding and capacity building, in line with Article 96 of Directive (EU) 2018/1972. Victim identification is key not only for tracking down online child sexual abuse, but also for preventing victimisation, stopping the further spread of damaging material and ensuring that victims can benefit from available assistance. However, such victim identification requires a high degree of specialisation and adequate resources. Therefore, the European Cybercrime Centre`s efforts in victim identification should be complemented at national level.

Amendment 49 #

Proposal for a regulation
Recital 36

(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to receive free immediate psychological support or support of any other professionals and to be assisted by the EU Centre in this regard, via the Coordinating Authorities.

Amendment 50 #

Proposal for a regulation
Recital 36

(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question in a timely manner. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by the EU Centre in this regard, via the Coordinating Authorities.

Amendment 51 #

Proposal for a regulation
Recital 37

(37) To ensure the efficient management of such victim support functions, victims should be well informed about the existence of such centres and be allowed to contact and rely on the Coordinating Authority that is most accessible to them, which should channel all communications between victims and the EU Centre.

Amendment 52 #

Proposal for a regulation
Recital 38

(38) For the purpose of facilitating the exercise of the victims’ right to information and of assistance and support for fast removal or disabling of access, vas well as the necessary measures to ensure any other materials of similar nature would not appear in the future. Victims should be allowed to indicate the relevant item or items of child sexual abuse material in respect of which they are seeking to obtain information or removal or disabling of access either by means of providing the image or images or the video or videos themselves, or by means of providing the uniform resource locators leading to the specific item or items of child sexual abuse material, or by means of any other representation allowing for the unequivocal identification of the item or items in question.

Amendment 53 #

Proposal for a regulation
Recital 44

(44) In order to provide clarity and enable effective, efficient and consistent coordination and cooperation both at national and at Union level, where a Member State designates more than one competent authority to apply and enforce this Regulation, it should designate one lead authority as the Coordinating Authority, whilst the designated authority should automatically be considered the Coordinating Authority where a Member State designates only one authority. For those reasons, the Coordinating Authority should act as the single contact point with regard to all matters related to the application of this Regulation, ~~without prejudice to the enforcement powers of other national authoritie~~and related to achieving the objective of this Regulation, including prevention matters without prejudice to the enforcement powers of other national authorities. It is essential to ensure the training of officials who could be in close contact with victims, including law enforcement officers, judges, prosecutors, lawyers and forensic experts and social workers, in order to ensure that such officials are able to understand the problems that child victims can face, and in order to ensure that the situation is prevented and mitigated if necessary. The Coordinating Authority should therefore also act as single point of contact with regard to all matters related to the achievement of the objective of this Regulation, including prevention, with regard to awareness raising and training of officials.

Amendment 54 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Recital 45 a (new)

(45 a) Given the EU Centre’s particular expertise with regard to the generation and sharing of knowledge, Member States should ensure that such information is shared and promoted at national level. For this purpose, they should cooperate with partner organisations, including with semi-public organisations and hotlines, as well as with civil society. It is important to ensure that practitioners who get in close contact with child victims are adequately trained to deal with such victims, and that the situation of the victim is adequately mitigated. Therefore, the Coordinating authority should ensure that officials such as law enforcement officers, judges, prosecutors, lawyers and forensic experts and social workers cooperate with civil society and semi-public organisations.

Amendment 55 #

Proposal for a regulation
Recital 49

(49) In order to verify that the rules of this Regulation, in particular those on mitigation measures and on the execution of detection orders, removal orders or blocking orders that it issued, are effectively complied in practice, each Coordinating Authority should be able to carry out searches, using the relevant indicators provided by the EU Centre, and reacting timely to the evolving trends of child sexual abuse material dissemination and monetisation, to detect the dissemination of known or new child sexual abuse material through publicly available material in the hosting services of the providers concerned.

Amendment 56 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Recital 50

(50) With a view to ensuring that providers of hosting services are aware of the misuse made of their services and to afford them an opportunity to take expeditious action to remove or disable access on a voluntary basis, Coordinating Authorities of establishment or organisations acting in the public interest against child sexual abuse, such as hotlines, should be able to notify those providers of the presence of known child sexual abuse material on their services and requesting removal or disabling of access thereof, for the providers’ voluntary consideration. Such notifying activities should be clearly distinguished from the Coordinating Authorities’ powers under this Regulation to request the issuance of removal orders, which impose on the provider concerned a binding legal obligation to remove or disable access to the material in question within a set time period.

Amendment 57 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Recital 56

(56) With a view to ensuring that the indicators generated by the EU Centre for the purpose of detection are as complete as possible, the submission of relevant material and transcripts should be done proactively by the Coordinating Authorities. However, the EU Centre should also be allowed to bring certain material or conversations to the attention of the Coordinating Authorities for those purposes. and receive reports concerning the trends in the dissemination and monetisation of child sexual abuse material from relevant organisations acting in the public interest against child sexual abuse and other stakeholders.

Amendment 58 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Recital 57 a (new)

(57 a) According to the UN, one of the main factors influencing the increase in child sexual abuse in developing countries is the decline in sex education. Studies have shown that if a child receives good sex education, it can equip them with the necessary tools to identify situations in which they may be sexually abused. Therefore, the education sector and education and awareness programmes play a key role in preventing child sexual abuse.

Amendment 59 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Recital 57 b (new)

(57 b) Some studies point to depression and loneliness and a history of physical or psychological harassment as some of the characteristics of Internet-initiated victims of sexual crimes. Other studies distinguish two types of victims: risky victims and vulnerable victims. Vulnerable victims are defined as those with a high need for affection due to feelings of loneliness and low self-esteem. This shows that bullying and cyberbullying problems can lead to some children being prone to physical and online sexual abuse.

Amendment 60 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Recital 58

(58) In particular, in order to facilitate the cooperation needed for the proper functioning of the mechanisms set up by this Regulation, the EU Centre should establish and maintain the necessary information-sharing systems. When establishing and maintaining such systems, the EU Centre should cooperate with the European Union Agency for Law Enforcement Cooperation (‘Europol’), national hotlines and national authorities to build on existing systems and best practices, where relevant.

Amendment 61 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Recital 60

(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the detection, reporting and blocking obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, monitoring of internet forums, the removal of or disabling of access to child sexual abuse material as well as preventing reappearance of such materials by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation of research and sharing of knowledge and expertise related to online child sexual abuse, including on successful initiatives and good practices on digital skills and competences, including media literacy.

Amendment 62 #

Proposal for a regulation
Recital 60

(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the detection, reporting and blocking obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge, best practices and expertise related to online child sexual abuse, including the evolving trends in the dissemination and monetisation of child sexual abuse material.

Amendment 63 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Recital 60

(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the detection, reporting and blocking obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the creation of prevention strategies, generation and sharing of knowledge and expertise related to online child sexual abuse.

Amendment 64 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Recital 61

(61) The EU Centre should provide reliable information on which activities can reasonably be considered to constitute online child sexual abuse, so as to enable the detection and blocking thereof in accordance with this Regulation. Given the nature of child sexual abuse material, that reliable information needs to be provided without sharing the material itself. Therefore, the EU Centre should generate accurate and reliable indicators, based on identified child sexual abuse material and solicitation of children submitted to it by Coordinating Authorities or when appropriate, by the organisations acting in the public interest against child sexual abuse, in accordance with the relevant provisions of this Regulation. These indicators should allow technologies to detect the dissemination of either the same material (known material) or of different child sexual abuse material (new material), or the solicitation of children, as applicable.

Amendment 65 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Recital 62

(62) For the system established by this Regulation to function properly, the EU Centre should be charged with creating databases for each of those three types of online child sexual abuse, and with maintaining, timely updating and operating those databases. For accountability purposes and to allow for corrections where needed, it should keep records of the submissions and the process used for the generation of the indicators.

Amendment 66 #

Proposal for a regulation
Recital 62

(62) For the system established by this Regulation to function properly, the EU Centre should be charged with creating databases for each ~~of those three~~ types of online child sexual abuse, and with maintaining and operating those databases. For accountability purposes and to allow for corrections where needed, it should keep records of the submissions and the process used for the generation of the indicators.

Amendment 67 #

(65) In order to avoid erroneous reporting of online child sexual abuse under this Regulation and to allow law enforcement authorities to focus on their core investigatory tasks, reports should pass through the EU Centre. The EU Centre should immediately assess ~~those~~all reports in order to identify those that are manifestly unfounded, that is, where it is immediately evident, without any substantive legal or factual analysis, that the reported activities do not constitute online child sexual abuse. Where the report is manifestly unfounded, the EU Centre should provide official feedback to the reporting provider of hosting services or provider of publicly available interpersonal communications services in order to allow for improvements in the technologies and processes used and for other appropriate steps, such as reinstating material wrongly removed. As every report could be an important means to investigate and prosecute the child sexual abuse offences concerned and to rescue the victim of the abuse, reports should be processed as quickly as possible.

Amendment 68 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Recital 66

Amendment 69 #

Proposal for a regulation
Recital 67

(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse, including on the successful initiatives and good practices on the proactive search for online child sexual material, trends in its creation and monetisation, as well as the voluntary prevention, detection and mitigation of online child sexual abuse. In this connection, the EU Centre should cooperate on a regular basis with relevant stakeholders from both within and outside the Union, including law enforcement authorities with the relevant expertise, educators, civil society, service providers and industry representatives, and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned.

Amendment 70 #

Proposal for a regulation
Recital 67

(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse~~. In this connection, the EU Centre should~~, including education and awareness raising, and prevention programmes available for potential offenders and offenders during and after criminal proceedings. The collection and analysis of data should include the list of education and awareness raising material made part of the official curricula. In this connection, the EU Centre should bring together practitioners and researchers. The EU Centre should also cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned.

Amendment 71 #

Proposal for a regulation
Recital 67

(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse. In this connection, the EU Centre should cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned. For this scope, the EU Centre can also aid in the implementation of awareness campaigns and contribute to the establishment and improvement of specific guidelines and proposals for mitigation measures respectively, so as to ensure accuracy and up to date solutions in tackling online child sexual abuse.

Amendment 72 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Recital 67

(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse. The EU center should contribute to the creation of adequate prevention strategies and awareness campaigns on online grooming and dissemination of CSAM, targeting children, parents and educators across the Union. In this connection, the EU Centre should cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned.

Amendment 73 #

Proposal for a regulation
Recital 67 a (new)

(67 a) In carrying out its mission, the EU Centre should also ensure transversal cooperation with education facilities, where appropriate, and digital education hubs, to also integrate this dimension of the prevention component, in order for children to become aware of the potential risks posed by the online environment.

Amendment 74 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Recital 67 b (new)

(67 b) Considering the essential role teachers can play in guiding children on safely using information society services and detecting potentially malicious behaviour online, teacher training should be organized and implemented across the Union, in a coherent manner, benefitting from the knowledge and expertise of the EU Centre.

Amendment 75 #

Proposal for a regulation
Recital 69

(69) In order to allow for the effective and efficient performance of its tasks, the EU Centre should closely cooperate with Coordinating Authorities, the Europol and relevant partner organisations, such as the US National Centre for Missing and Exploited Children or the International Association of Internet Hotlines (‘INHOPE’) network of hotlines for reporting child sexual abuse material, within the limits sets by this Regulation and other legal instruments regulating their respective activities. To facilitate and support such cooperation and build on the best practices and expertise acquired, the necessary arrangements should be made, including the designation of contact officers by Coordinating Authorities and the conclusion of memoranda of understanding with Europol and, where appropriate, with one or more of the relevant partner organisations located in the Union and outside the Union.

Amendment 76 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Recital 70

(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines and encourage that they work together effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union. Child helplines are equally in the frontline in the fight against online child sexual abuse. Therefore, the EU Centre should also recognise the work of child helplines in victim response, and the existing referral mechanisms between child helplines and hotlines. The EU Centre should coordinate services for victims.

Amendment 77 #

Proposal for a regulation
Recital 70

(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines and organisations which act in the public interest against child sexual abuse and which proactively search for child sexual abuse material or which do research and gather information on the trends in the dissemination and monetisation of child sexual abuse material, are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines and organisations and encourage that they work together effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union.

Amendment 78 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Recital 70

(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines and encourage that they work together effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union. Their experience and expertise shall help the EU Centre and Coordinating Authorities to design appropriate prevention techniques and awareness campaigns on online grooming and dissemination of CSAM online.

Amendment 79 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ, Morten LØKKEGAARD

Proposal for a regulation
Recital 70

(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines and encourage that they work together effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union. Furthermore, a special green line with a call centre assistance service will be constituted at EU level in order for victims and their families to receive support in a timely manner.

Amendment 80 #

Proposal for a regulation
Recital 70 a (new)

(70 a) In line with Directive 2011/93/EU of the European Parliament and of the Council, this Regulation recognises and safeguards the key role of hotlines in order to enhance the fight against child sexual abuse online in the European Union. Hotlines have a track-record of proven capability since 1999 in the identification and removal of child sexual abuse material from the digital environment and have created a worldwide network and procedures for the child sexual abuse identification and removal. Member States should therefore promote and safeguard the role of formally recognized non-governmental organizations involved in anonymous public reporting of child sexual abuse material, which are at the forefront of detecting new child sexual abuse material, which is an essential factor in finding new victims while also keeping the databases of indicators up to date.

Amendment 81 #

Isabella ADINOLFI, Asim ADEMOV, Tomasz FRANKOWSKI, Peter POLLÁK, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Loucas FOURLAS

Proposal for a regulation
Recital 72 a (new)

(72 a) In view of ensuring an adequate degree of expertise and skills for investigative purposes, specialized training of law enforcement officers will be introduced with the support of the EU Centre, especially considering rapid technological advancements where new methods, techniques and instruments require adapting preventive and mitigation efforts regarding online child sexual abuse.

Amendment 82 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Recital 73

(73) To ensure its proper functioning, the necessary rules should be laid down regarding the EU Centre’s organisation. In the interest of consistency, those rules should be in line with the Common Approach of the European Parliament, the Council and the Commission on decentralised agencies. In order to complete its tasks, the EU Centre and Coordinating authorities should have the necessary funds, human resources, investigative powers and technical capabilities to seriously and effectively pursue and investigate complaints and potential offenders, including appropriate training to build capacity in the judiciary and police units and to develop new high- tech capabilities to address the challenges of analysing vast amounts of child abuse imagery, including material hidden on the ‘dark web’.

Amendment 83 #

Proposal for a regulation
Recital 74

(74) In view of the need for technical expertise in order to perform its tasks, in particular the task of providing a list of technologies that can be used for detection, the EU Centre should stay consistently updated on technological developments that might lead to the creation of different or unconventional platforms, such as the metaverse, on which child sexual abuse might be perpetrated or child sexual abuse material be generated or exchanged; it should therefore have a Technology Committee composed of experts with advisory function. The Technology Committee may, in particular, provide expertise to support the work of the EU Centre, within the scope of its mandate, with respect to matters related to detection of online child sexual abuse, to support the EU Centre in contributing to a high level of technical standards and safeguards in detection technology.

Amendment 84 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ

Proposal for a regulation
Recital 74

(74) (74) In view of the essential need for technical expertise in order to perform its tasks, in particular the task of providing a list of technologies, including software, that can be used for fast detection, the EU Centre should have a Technology Committee composed of experts with advisory function, which should take into account Member States' experience and their achievements. The Technology Committee may, in particular, provide expertise to support the work of the EU Centre, within the scope of its mandate, with respect to matters related to detection of online child sexual abuse, to support the EU Centre in contributing to a high level of technical standards and safeguards in detection technology.

Amendment 85 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Recital 74

(74) In view of the need for technical expertise in order to perform its tasks, in particular the task of providing a list of technologies that can be used for detection, the EU Centre should have a Technology Committee composed of experts with advisory function. The Technology Committee may, in particular, provide expertise to support the work of the EU Centre, within the scope of its mandate, with respect to matters related to prevention and detection of online child sexual abuse, to support the EU Centre in contributing to a high level of technical standards and safeguards in detection technology.

Amendment 86 #

Proposal for a regulation
Recital 75

(75) In the interest of transparency and accountability and to enable evaluation and, where necessary, adjustments, providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services, Coordinating Authorities and the EU Centre should be required to collect, record and analyse information, based on anonymised gathering of non-personal data and to publish annual reports on their activities under this Regulation. The Coordinating Authorities should cooperate with Europol and with law enforcement authorities and other relevant national authorities of the Member State that designated the Coordinating Authority in question and when appropriate, with partner organisations, in gathering that information.

Amendment 87 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Recital 76

(76) In the interest of good governance and drawing on the statistics and information gathered and transparency reporting mechanisms provided for in this Regulation, the Commission should carry out an evaluation of this Regulation within ~~fiv~~three years of the date of its entry into force, and every ~~fiv~~three years thereafter.

Amendment 88 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Recital 76

Amendment 89 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point e a (new)

(e a) Guidelines on creation of appropriate prevention techniques on cyber grooming and the dissemination of CSAM online, targeting children and parents and empowering them to use digital technologies safely and responsibly.

Amendment 90 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Article 2 – paragraph 1 – point k a (new)

(k a) "child sexual abuse" means any actual or threatened physical intrusion, virtual or threatened intrusion of a sexual nature, for the sexual stimulation of the offender or an observer, made towards minors, whether by force or under unequal or coercive conditions;

Amendment 91 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Hannes HEIDE, Massimiliano SMERIGLIO, Sylvie GUILLAUME

Proposal for a regulation
Article 2 – paragraph 1 – point o a (new)

(o a) "online grooming" is the process by which an adult attempts to manipulate via ICT a minor in order to obtain sexual audiovisual material or to engage in some form of face-to-face sexual relationship with that minor;

Amendment 92 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ, Morten LØKKEGAARD

Proposal for a regulation
Article 2 – paragraph 1 – point p

(p) ‘online child sexual abuse’ means the online dissemination of child sexual abuse material and the solicitation of children with the intention of violence/sexual abuse;

Amendment 93 #

Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)

(w a) ‘hotline’ means an organisation providing a mechanism, other than the reporting channels provided by law enforcement agencies, for receiving anonymous information from the public about alleged child sexual abuse material and online child sexual exploitation, which meets all the following criteria: (a) is officially recognised by its home Member State as expressed in the Directive 2011/93/EU of the European Parliament and of the Council; (b) has the mission of combatting child sexual abuse material in its articles of association; and (c) is part of a recognised and well-established international network of hotlines as referred to in this article.

Amendment 94 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ, Morten LØKKEGAARD

Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)

(w a) `very large online platform` means online platforms which have a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, and which are designated as very large online platforms pursuant to paragraph 4 of Article 33 of Regulation (EU) 2022/2065;

Amendment 95 #

Proposal for a regulation
Chapter I a (new)

Ia PREVENTION AND EDUCATION PROGRAMMES Article 2 a (new) 1. Member States shall take appropriate measures, such as education, awareness raising campaigns and training, to discourage and reduce the demand that fosters all forms of sexual exploitation of children in the online environment. 2. Member States shall take appropriate action, including through the Internet, such as information and awareness- raising campaigns, research and early- education programmes, where appropriate in cooperation with relevant civil society organisations acting in the public interest against child sexual abuse, law enforcement authorities and other stakeholders, aimed at raising awareness and reducing the risk of children becoming victims of sexual abuse or of exploitation online. 3. Member States shall promote regular training for officials likely to come into contact with child victims of sexual abuse or exploitation online, including the solicitation of children, aimed at enabling them to identify and deal with child victims and potential child victims. 4. Member States shall promote regular training for officials to inform them and update their knowledge on the latest trends in the creation, dissemination and monetization of child sexual abuse materials and national data hosting of child sexual abuse material.

Amendment 96 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ, Morten LØKKEGAARD

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Prior to preparing its risk assessment, the provider shall be advised upon the specific requirements in order to ensure that the risk assessment is thorough, accurate and detailed. The provider may request the EU Centre to perform an analysis of representative, anonymized data samples to identify potential online child sexual abuse, to support the risk assessment.

Amendment 97 #

Asim ADEMOV, Peter POLLÁK, Tomasz FRANKOWSKI, Sabine VERHEYEN, Theodoros ZAGORAKIS, Michaela ŠOJDROVÁ, Milan ZVER, Isabella ADINOLFI

Proposal for a regulation
Article 3 – paragraph 6 a (new)

6 a. The EU Centre should use these risk assessment reports to prepare and adapt prevention techniques to the attention of Coordinating Authorities across the EU.

Amendment 98 #

Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)

(b a) to provide, through appropriate technical and operational measures, readily accessible and easy-to-use parental tools to help parents or guardians support children and identify harmful behaviour;

Amendment 99 #

Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Vlad-Marius BOTOŞ, Morten LØKKEGAARD

Proposal for a regulation
Article 4 – paragraph 1 – point c

(c) initiating or adjusting cooperation, in accordance with competition law, with other providers of hosting services or providers of interpersonal communication services, public authorities, civil society organisations, hotlines or, where applicable, entities awarded the status of trusted flaggers in accordance with Article 19 of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] .

source: 739.506

2023/03/09 IMCO 513 amendments...

Amendment 158 #

Proposal for a regulation
Title 1

~~Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules to prevent and combat child sexual abuse (Text with EEA relevance)~~Rejects the Commission Proposal

Amendment 159 #

Proposal for a regulation
Recital 1

(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children ~~but also for~~. But they are also used by perpetrators of child sexual abuse offences. Such offences, which are subject to minimum rules set at Union level, are ~~ver~~extremely serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.

Amendment 160 #

Proposal for a regulation
Recital 1 a (new)

(1 a) Regulatory measures to address the dissemination of child sexual abuse content online should be complemented by Member States strategies including increasing public awareness, how to seek child-friendly and age appropriate reporting and assistance and informing about victims rights. Additionally Member States should make sure they have a child-friendly justice system in place in order to avoid further victimisation of the abused children.

Amendment 161 #

Proposal for a regulation
Recital 2

(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being ~~the only ones~~ in a position to prevent and to help combat such abuse. The measures taken should be targeted, carefully balanced ~~and proportionate~~, effective, evidence- based proportionate , and subject to constant review, so as to avoid any undue negative consequences for the fight against crime and for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid directly or indirectly imposing any excessive burdens on the providers of the services.

Amendment 162 #

Proposal for a regulation
Recital 2

(2) Given the central importance of relevant information society services for the digital single market, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to prevent and combat such abuse. The measures taken should be targeted, effective, carefully balanced and proportionate, so as to avoid any ~~undue~~ negative consequences for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid imposing any excessive burdens on the providers of the services.

Amendment 163 #

Proposal for a regulation
Recital 3

(3) ~~Member States a~~On the one hand it is very positive that Member States are aware of the existing problem and therefore increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. IOn the ~~light of the inherently cross-border nature of~~other hand the internet and the service provision concerned~~, those national laws, which diverge~~ have an inherently cross-border nature and therefore diverging national laws, have a ~~direct~~ negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.

Amendment 164 #

Proposal for a regulation
Recital 3

(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, may have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.

Amendment 165 #

Proposal for a regulation
Recital 4

(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat child sexual abuse in a manner that is demonstrably and durably effective and that respects the fundamental rights of all parties concerned. In view of the fast- changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future- proof manner, so as not to hamper ~~innovation~~the fight against crime .

Amendment 166 #

Proposal for a regulation
Recital 4

(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform ~~and balanced~~, carefully balanced and proportionate rules to prevent and combat child sexual abuse in a manner that is effective and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future- proof manner, so as not to hamper innovation.

Amendment 167 #

Proposal for a regulation
Recital 5

(5) In order to achieve the objectives of this Regulation, it should cover providers of services that have the potential to be misused for the purpose of online child sexual abuse. As they are increasingly misused for that purpose, those services should include publicly available number- independent interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those services a~~s publicly available. As services which~~ re publicly available. The mere use of a number as an identifier should not be considered to be equivalent to the use of a number to connect with publicly assigned numbers and should therefore, in itself, not be considered to be sufficient to qualify a service as a number-based interpersonal communications service. To this end, obligations under this Regulation should apply to number-independent interpersonal communications services, regardless of whether they use numbers for the provision of their service, such as messaging services, in so far as those services are publicly available and they allow users of the service to upload, disseminate and exchange images, videos and sound not provided by the provider of the service itself. Services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service, such as chat and similar functions as part of ~~gaming~~electronic games, image-sharing and video-hosting are equally at risk of misuse, they should also be covered by this Regulation. However, given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate manner. should be covered by this Regulation, in so far as they allow users of the service to upload, disseminate and exchange images and videos not provided by the provider of the service itself, or that depict content other than related to gameplay. The additional assessment should be given to the services enabling transmission of sound as an ancillary feature, while considering the general purpose of that service and the risk exposure, such as in the case of electronic games. Given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate manner. For example, where it is necessary to involve providers of information society services, including providers of intermediary services, any requests or orders for such involvement should, as a general rule, be directed to entity acting as data controller in accordance with Regulation (EU) 2016/697 or where that is unfeasible, to the specific provider that has the technical and operational ability to act against specific child sexual abuse material, so as to prevent and minimise any possible negative effects on the availability and accessibility of information that is not illegal content. To this end, detection obligations shall not apply to cloud computing services and web-hosting services when serving as infrastructure, given their specific role and the broad impact it would have on users utilising cloud-hosted services.

Amendment 168 #

Proposal for a regulation
Recital 5

Amendment 169 #

Proposal for a regulation
Recital 5

(5) In order to achieve the objectives of this Regulation, it should cover providers of services ~~that have the potential to b~~are misused for the purpose of online child sexual abuse. As they are increasingly misused to a significant extent for that purpose, those services shcould include publicly available number- independent interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those services asre publicly available. As ~~servic~~online games which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature ~~that is intrinsically linked to another service, such as chat and similar functions as part of gaming, image-sharing and video-hosting are equally~~are also at risk of misuse, they should also be covered by this Regulation. However, given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate manner.

Amendment 170 #

Proposal for a regulation
Recital 6

(6) Online child sexual abuse ~~frequently~~can also involves the misuse of information society services offered in the Union by providers established in third countries. In order to ensure the effectiveness of the rules laid down in this Regulation and a level playing field within the internal market, those rules should apply to all providers, irrespective of their place of establishment or residence, that offer services in the Union, as evidenced by a substantial connection to the Union.

Amendment 171 #

Proposal for a regulation
Recital 7

(7) This Regulation should be without prejudice to the rules resulting from other Union acts, in particular Directive 2011/93 of the European Parliament and of the Council38, Directive 2000/31/EC of the European Parliament and of the Council39and Regulation (EU) ~~…/…~~2022/ 2065of the European Parliament and of the Council40~~[on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~, Directive 2010/13/EU of the European Parliament and of the Council41, Regulation (EU) 2016/679 of the European Parliament and of the Council42, and Directive 2002/58/EC of the European Parliament and of the Council43. _________________ 38 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1). 39 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1). 40 Regulation (EU) …/… of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC (OJ L ….). 41 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media service (OJ L 95, 15.4.2010, p. 1). 42 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1). 43 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on privacy and electronic communications’) (OJ L 201, 31.7.2002, p. 37).

Amendment 172 #

Proposal for a regulation
Recital 8

(8) This Regulation should be considered lex specialis in relation to the generally applicable framework set out in Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065 laying down harmonised rules on the provision of certain information society services in the internal market. The rules set out in Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065 apply in respect of issues that are not or not fully addressed by this Regulation.

Amendment 173 #

Proposal for a regulation
Recital 9

(9) Article 15(1) of Directive 2002/58/EC allows Member States to adopt legislative measures to restrict the scope of the rights and obligations provided for in certain specific provisions of that Directive relating to the confidentiality of communications when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society, inter alia, to prevent, investigate, detect and prosecute criminal offences, provided certain conditions are met, including compliance with the Charter , which, inter alia, requires the specific measures to be provided for by law and genuinely achieve objectives of general interest. Applying the requirements of that provision by analogy, this Regulation should limit the exercise of the rights and obligations provided for in Articles 5(1), (3) and 6(1) of Directive 2002/58/EC, insofar as strictly necessary in line with Article 52 of the Charter to execute ~~detec~~investigation orders issued in accordance with this Regulation with a view to prevent and combat online child sexual abuse.

Amendment 174 #

Proposal for a regulation
Recital 10

(10) In the interest of clarity and consistency, the definitions provided for in this Regulation should, where possible and appropriate, be based on and aligned with the relevant definitions contained in other acts of Union law, such as Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065.

Amendment 175 #

Proposal for a regulation
Recital 11

(11) A substantial connection to the Union should be considered to exist where the relevant information society services has an establishment in the Union or, in its absence, on the basis of the existence of a significant number , in relation to population size of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States should be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of a software application in the relevant national software application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1), point (c), of Regulation (EU) 1215/2012 of the European Parliament and of the Council44. Mere technical accessibility of a website from the Union ~~should~~cannot, alone, be considered as establishing a substantial connection to the Union. _________________ 44 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).

Amendment 176 #

Proposal for a regulation
Recital 13

(13) TIn order to allow a future proof approach the term ‘online child sexual abuse’ should cover not only the dissemination of material previously detected and confirmed as constituting child sexual abuse material (‘known’ material), but also of material not previously detected that is likely to constitute child sexual abuse material but that has not yet been confirmed as such (‘new’ material), including live-streaming and live transmission of child sexual abuse material as well as activities constituting the solicitation of children (‘grooming’). That is urgently needed in order to address not only past abuse, the re- victimisation and violation of the victims’ rights it entails, such as those to privacy and protection of personal data, but to also prevent it as soon as possible and address recent, ongoing and imminent abuse, ~~so as to prevent it as much as possible,~~ to effectively protect children and to increase the likelihood of rescuing victims and stopping perpetrators as quick as possible .

Amendment 177 #

Proposal for a regulation
Recital 13 a (new)

(13 a) Member States should ensure that they additionally address the problem of solicitation of children by providing for efficient digital education. Children should be given at home and in school the necessary digital skills and tools they need to fully benefit from online access, whilst ensuring their safety.

Amendment 178 #

Proposal for a regulation
Recital 14

(14) With a view to minimising the risk that their services are misused for the dissemination of ~~known or~~ onlinew child sexual abuse material ~~or the solicitation of children~~, providers of hosting services and providers of publicly available number- independent interpersonal communications services ~~should assess such risk for each~~that are exposed to substantial amount of child sexual abuse material should assess the existence of a significant risk stemming from the design and functioning of of the services that they offer in the Union. To guide their risk assessment, a non- exhaustive list of elements to be taken into account should be provided. To allow for a full consideration of the specific characteristics of the services they offer, providers should be allowed to take account of additional elements where relevant. As risks evolve over time, in function of developments such as those related to technology and the manners in which the services in question are offered and used, it is appropriate to ensure that the risk assessment is, as well as the effectiveness and proportionality of specific measures are updated regularly and when needed for particular reasons.

Amendment 179 #

Proposal for a regulation
Recital 15

(15) Some of those providers of relevant information society services in scope of this Regulation may also be subject to an obligation to conduct a risk assessment under Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] with respect to information that they store and disseminate to the public , which should form the basis for the risk assessment under this instrument. For the purposes of the present Regulation, those providers may draw on such a risk assessment and complement it with a more specific assessment of the risks of use of their services for the purpose of online child sexual abuse, as required by this Regulation.

Amendment 180 #

Proposal for a regulation
Recital 15

(15) Some of those providers of relevant information society services in scope of this Regulation, including online search engines, may also be subject to an obligation to conduct a risk assessment under Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065 with respect to information that they store and disseminate to the public. For the purposes of the present Regulation, those providers may ~~draw on~~use such a risk assessment as a basis and complement it with a more specific assessment of the risks of use of their services for the purpose of online child sexual abuse, as required by this Regulation.

Amendment 181 #

Proposal for a regulation
Recital 16

(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available number-independent interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers s~~ubject to an obligation to adopt mitiga~~hould consider, in particular, the negative impacts of such measures on the fundamental rights enshrined in the Charter on all parties involved and adopt appropriate and proportionate measures ~~pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~to protect children, for example by designing their online interfaces or parts thereof with the highest level of privacy, safety and security for children by default where appropriate or adopting standards for protection of children, or participating in codes of conduct for protecting children. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) 2022/2065 may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age ~~verification and~~assurance through parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.

Amendment 182 #

Proposal for a regulation
Recital 16

Amendment 183 #

Proposal for a regulation
Recital 16

Amendment 184 #

Proposal for a regulation
Recital 16 a (new)

(16 a) To further prevent online child sexual abuse effectively, an emphasis should be placed on public awareness raising, including through easily understandable campaigns and in education with a focus on empowerment of young people to use the internet safely and to address societal factors that enable child sexual abuse, including harmful gender norms about women and girls and broader issues of societal inequality; In addition awareness raising should focus on hotlines where young people can report what has happened to them, as well as to improve access to institutional reporting by police and social services and other authorities.

Amendment 185 #

Proposal for a regulation
Recital 16 a (new)

(16 a) The used age assessing tools should be able to prove age in an efficient, privacy-preserving and secure manner.

Amendment 186 #

Proposal for a regulation
Recital 17

(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory mitigation measures should be established. Instead, providers should be left a degree of flexibility to design and implement measures tailored to the risk identified and the characteristics of the services they provide and the manners in which those services are used, taking into acount the autonomy and rights of children and apapt their design, features and functions of services accordingly. In particular, providers are free to design and implement, in accordance with Union law, measures based on their existing practices to detect online child sexual abuse in their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation, if deemed necessary by the competent national authority.

Amendment 187 #

Proposal for a regulation
Recital 17

(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory ~~mitigation~~specific measures should be established. Instead, providers should be left a degree of flexibility to design and implement measures tailored to the risk ~~identified~~exposure and the characteristics of the services they provide and the manners in which those services are used. In particular, providers are free to design and implement, in accordance with Union law, measures based on their existing practices ~~to detect online child sexual abuse~~ . Specific measures could include providing their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation, if deemed necessary by the competent national authorityechnical measures and tools that allow users to manage their own privacy visibility, reachability and safety, such as mechanisms for users to block or mute other users, mechanisms that ask for confirmation before displaying certain content, tools that prompt or warn users.

Amendment 188 #

Proposal for a regulation
Recital 17

(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory mitigation measures should be established. Instead, providers should be left a degree of flexibility to design and implement also voluntary measures tailored to the risk identified and the characteristics of the services they provide and the manners in which those services are used. In particular, providers ~~are free~~should be able to voluntary process metadata and are encouraged to design and implement, in accordance with Union law, measures based on their existing practices to detect online child sexual abuse in their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation~~, if deemed necessary by the competent national authority~~.

Amendment 189 #

Proposal for a regulation
Recital 17 a (new)

(17 a) End-to-end encryption is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. Any restrictions of encryption could potentially be abused by malicious third parties. In order to ensure effective consumer trust, nothing in this Regulation should be interpreted as the requirement to prevent, circumvent, compromise, undermine encryption in place, or prohibit providers of information society services from providing their services applying encryption, restricting or undermining such encryption in the sense of being detrimental to users’ expectations of confidential and secure communication services, for example by implementation of client side scanning or other device- related, server-side solutions or requirements to proactively forward electronic communications to third parties which may weaken or introduce vulnerabilities into the encryption. Member States should not deter nor prevent providers of information society services from providing their services applying encryption, considering that such encryption is essential for trust in and security of the digital services, and effectively prevents unauthorised third- party access.

Amendment 190 #

Proposal for a regulation
Recital 17 a (new)

(17 a) End-to-end encryption is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. Any restrictions of encryption could potentially be abused by malicious third parties, including deployment of software on end- user devices which can inspect private messages before encryption and transfer this information to third parties . In order to ensure effective consumer trust, nothing in this Regulation should be interpreted as prohibiting providers of information society services from providing their services applying encryption, restricting or undermining such encryption in the sense of being detrimental to users’ expectations of confidential and secure communication services. Member States should not prevent or discourage providers of information society services from providing their services applying encryption, considering that such encryption is essential for trust in and security of the digital services, and effectively prevents unauthorised third party access.

Amendment 191 #

Proposal for a regulation
Recital 17 a (new)

(17 a) Relying on providers for risk mitigation measures comes with inherent problems, as business models, technologies and crimes evolve continuously. As a result, clear targets, oversight, review and adaptation, led by national supervisory authorities are needed, to avoid measures becoming redundant, disproportionate, ineffective, counterproductive and outdated.

Amendment 192 #

Proposal for a regulation
Recital 17 a (new)

(17 a) Fundamental rights in the digital sphere have to be guaranteed to the same extent as in the offline world. Safety and privacy need to be ensured, amongst others through end-to-end encryption in private online communication and the protection of private content against any kind of general or targeted surveillance, be it by public or private actors.

Amendment 193 #

Proposal for a regulation
Recital 18

(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available interpersonal communications services should, when designing and implementing the mitigation measures, give importance not only to ensuring their effectiveness, but also to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which mitigation measures should reasonably be taken in a given situation, account should also be taken of the financial and technological capabilities and the size of the provider concerned. When selecting appropriate mitigation measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self- regulatory cooperation, and those contained in guidelines from the Commission. Those mitigation measures should always be the least intrusive option possible, with the level of intrusiveness increasing only if justified by lack of effectiveness or implementation of the less intrusive option. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measures.

Amendment 194 #

Proposal for a regulation
Recital 18

(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available interpersonal communications services should, when designing and implementing the mitigation measures, give importance ~~not only~~ to ensuring their effectiveness~~, but also~~ and to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which mitigation measures should reasonably be taken in a given situation, account should also be taken of the financial and technological capabilities and the size of the provider concerned. When selecting appropriate mitigation measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self- regulatory cooperation, and those contained in guidelines from the Commission. Providers should be able to indicate to the Coordinating Authority their assessment of the need for a detection order, after putting in place the risk mitigation measures. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measures.

Amendment 195 #

Proposal for a regulation
Recital 18

(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available number-independent interpersonal communications services should, when designing and implementing the ~~mitigation~~specific measures, give importance not only to ensuring their effectiveness, but also to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which ~~mitigation~~specific measures that should reasonably be taken in a given situation, account should also be taken of the ongoing effectiveness of the measures and the financial and technological capabilities and the size of the provider concerned. When selecting appropriate ~~mitigation~~specific measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self-regulatory cooperation, and those contained in guidelines from the Commission. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measuresquantifying the expected impact of the available measures. Objective data on ongoing effectiveness must be provided, in order for any measure to be recognised as best practice.

Amendment 196 #

Proposal for a regulation
Recital 19

(19) In the light of their role as intermediaries facilitating access to software applications that may be misused for online child sexual abuse, providers of software application stores should be made subject to obligations to take certain reasonable measures to assess and mitigate that risk. The providers should make that assessment in a diligent manner, making efforts that are reasonable under the given circumstances, having regard inter alia to the nature and extent of that risk as well as their financial and technological capabilities and size, and cooperating with the. The providers should only make available on their platform software applications if prior to the use of their service they have obtained the contact details of the provider of software application developing team with the cooperation of the specific providers of the services offered through the software application ~~where possible~~.

Amendment 197 #

Proposal for a regulation
Recital 19

(19) In the light of their role as intermediaries facilitating access to software applications that may be misused for online child sexual abuse, providers of software application stores should be made subject to obligations to take ~~certain~~ reasonable and effective measures to assess and mitigate that risk. The providers should make that assessment in a diligent manner, making efforts that are reasonable and effective under the given circumstances, having regard inter alia to the nature and extent of that risk as well as their financial and technological capabilities and size, and cooperating with the providers of the services offered through the software application where possible.

Amendment 198 #

Proposal for a regulation
Recital 20

(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when ~~mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abus~~data on the impact of specific measures demonstrate that their impact is below pre-determined targets e, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the i~~ssuance of detection orders~~mplementation of additional targeted and proportionate risk mitigation measures . In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of targets, limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available number-independent interpersonal communications services, and that solicitation of children mostly takes place in publicly available number-independent interpersonal communications services, it should only be possible to address ~~detec~~investigation orders to providers of such services in relation to specific suspects or specific group of suspects or a specific incident .

Amendment 199 #

Proposal for a regulation
Recital 20

(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection orders. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be a last resort measure and subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that in particular solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services.

Amendment 200 #

Proposal for a regulation
Recital 20 a (new)

(20 a) Having regard to the need to take due account of the fundamental rights guaranteed under the Charter of all parties concerned, any action taken by a provider of relevant information society services should be strictly targeted, in the sense that it should serve to detect, remove or disable access to the specific items of information considered to constitute child sexual abuse online, without unduly affecting the freedom of expression and of information of recipients of the service. Orders should therefore, as a general rule, be directed to the entity acting as a data controller or where that is unfeasible, to the specific provider of relevant information society services that has the technical and operational ability to act against such specific items of child sexual abuse material, so as to prevent and minimise any possible negative effects on the availability and accessibility of information that is not illegal content. The providers of relevant information society services who receive an order on the basis of which they cannot, for technical or operational reasons, remove the specific item of information, should inform the person or entity who submitted the order.

Amendment 201 #

Proposal for a regulation
Recital 21

(21) Furthermore, as parts of those limits and safeguards, ~~detec~~investigation orders should only be issued after a diligent and objective assessment leading to the finding of a significant risk of the specific service concerned being misused for a given type of online child sexual abuse covered by this Regulation. One of the elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection orderthat the order is necessary and proportionate .

Amendment 202 #

Proposal for a regulation
Recital 21

(21) Furthermore, as parts of those limits and safeguards, detection orders should only be issued after a diligent and objective assessment leading to the finding of a significant risk of the specific service concerned being misused for a given type of online child sexual abuse covered by this Regulation. Such assessments may include the voluntary use of detection technologies and the evidence they provide with regard to the risks of a service being misused. One of the elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection order.

Amendment 203 #

Proposal for a regulation
Recital 22

(22) However, the finding of such a significant risk should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detecIt should be ensured that investigation orders can be issued only after the Coordinating Authorities and the competent judicial authority or independent administrative authority having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the specific results anticipated by the measure, the likelihood and seriousness of any potential negative consequences for other parties affected. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned.

Amendment 204 #

Proposal for a regulation
Recital 22

(22) However, the finding of such a significant risk should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detection orders can be issued only after the Coordinating Authorities and the competent judicial authority ~~or independent administrative authority~~ having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the likelihood and seriousness of any potential negative consequences for other parties affected. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned.

Amendment 205 #

Proposal for a regulation
Recital 23

(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a ~~detec~~investigation order is to be issued, it should still be ensured that the ~~detection~~ order is targeted and specifiedc enough so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary ~~to effectively address the significant risk identified~~. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available number-independent interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.

Amendment 206 #

Proposal for a regulation
Recital 23

(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is targeted, justified, proportionate, limited in time and specified so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively address the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.

Amendment 207 #

Proposal for a regulation
Recital 23 a (new)

(23 a) Monitoring private communications of all users of a number- independent interpersonal communications service in a general and indiscriminate manner is likely to infringe on the essence of their fundamental rights and the prohibition of general monitoring. To the greatest extent possible, and as the predominant rule, detection orders should be targeted against users for whom there is a reasonable suspicion that they have been sharing child sexual abuse material in the past or that they will share child sexual abuse material in the future.

Amendment 208 #

Proposal for a regulation
Recital 24

(24) The competent judicial authority ~~or the competent independent administrative authority, as applicable in accordance with the detailed procedural rules set by the relevant Member State, should~~should have the data necessary to be in a position to take a well-informed decision on requests for the issuance of ~~detec~~investigations orders. That is of particular importance to ensure the necessary fair balance of the fundamental rights at stake and a consistent approach, especially in connection to ~~detec~~investigation orders concerning the solicitation of children. Therefore, a procedure should be provided for that allows the providers concerned, the EU Centre on Child Sexual Abuse established by this Regulation (‘EU Centre’) and, where so provided in this Regulation, the competent data protection authority designated under Regulation (EU) 2016/679 to provide their views on the measures in question. They should do so ~~as soon as possible~~without undue delay , having regard to the important public policy objective at stake and the need to act ~~without undue delay~~ to protect children. ~~In particular~~Furthermore, data protections authorities should ~~do their utmost to avoid extending the time period set out in Regulation (EU) 2016/679 for providing their opinions in response to a prior consultation. Furthermore, they should~~ normally be able to provide their opinion ~~well within that time period~~in a timely manner in situations where the European Data Protection Board has already issued guidelines regarding the technologies that a provider envisages deploying and operating to execute a ~~detec~~investigation order addressed to it under this Regulation.

Amendment 209 #

Proposal for a regulation
Recital 24

(24) The competent judicial authority ~~or the competent independent administrative authority, as applicable in accordance with the detailed procedural rules set by the relevant Member State,~~ should be in a position to take a well- informed decision on requests for the issuance of detections orders. That is of ~~particular~~great importance to ensure the necessary fair balance of the fundamental rights at stake and a consistent approach, ~~especially~~this is in particular significant in connection to detection orders concerning the solicitation of children. Therefore, a procedure should be provided for that allows the providers concerned, the EU Centre on Child Sexual Abuse established by this Regulation (‘EU Centre’) and, where so provided in this Regulation, the competent data protection authority designated under Regulation (EU) 2016/679 to provide their views on the measures in question. They should do so as soon as possible, having regard to the important public policy objective at stake and the need to act without undue delay to protect children. In particular, data protections authorities should do their utmost to avoid extending the time period set out in Regulation (EU) 2016/679 for providing their opinions in response to a prior consultation. Furthermore, they should normally be able to provide their opinion well within that time period in situations where the European Data Protection Board has already issued guidelines regarding the technologies that a provider envisages deploying and operating to execute a detection order addressed to it under this Regulation.

Amendment 210 #

Proposal for a regulation
Recital 25

(25) Where new services are concerned, that is, services not previously offered in the Union, the evidence available on the potential misuse of the service in the last 12 months is normally non-existent. Taking this into account, and to ensure the effectiveness of this Regulation, the Coordinating Authority should be able to draw on evidence stemming from comparable services when assessing whether to request the issuance of a detection order in respect of such a new service. A service should be considered comparable where it provides a functional equivalent to the service in question, having regard to all relevant facts and circumstances, in particular its main characteristics and functionalities, the manner in which it is offered and used, the user base, the applicable terms and conditions and risk mitigation measures, as well as the overall remaining risk profile.deleted

Amendment 211 #

Proposal for a regulation
Recital 26

(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. Nothing in this Regulation should therefore be interpreted as making end-to-end encryption impossible, in particular considering that technologies that allow the effective detection of online child sexual abuse in end-to-end encrypted communications already exist, and make it possible to balance all the fundamental rights at stake. These rights include on one hand the right to physical and mental integrity of children (Article 3 of the EU Charter of Fundamental Rights (the ‘Charter’)), the prohibition of torture and inhuman and degrading treatment (Article 4 Charter), their right to such protection and care as is necessary for their well-being (Article 24 Charter), their right to respect for their private and family life (Article 7 EU Charter) as well as to protection of their personal data (Article 8 Charter). The rights also include, on the other hand, the right to respect for private and family life (Article 7 Charter), to protection of personal data (Article 8 Charter), and the freedom of expression (Article 11 Charter) of the other users of the online services concerned. Finally, the rights at stake also include the freedom to conduct a business (Article 16 Charter) of the online service providers that fall within the scope of the proposal. The Commission should in cooperation with the EU Centre consider making available effective detection of online child sexual abuse in end-to-end encrypted communications tools. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users.

Amendment 212 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS

Proposal for a regulation
Recital 26

(26) The measures taken by providers of hosting services and providers of publicly available number-independent interpersonal communications services to execute ~~detec~~investigation orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, t. This Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with ~~detection~~ orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures ~~meet the requirements of this Regulation~~are not undermined . That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. ~~When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or~~Any weakening of encryption could potentially be abused by malicious their ~~employees for purposes other than compliance with~~d parties. Nothing in this Regulation~~, n~~ should therefore b~~y third parties, and thus to avoid undermining the security and confidentiality of the communications of users~~e interpreted as prohibiting or weakening end-to-end encryption.

Amendment 213 #

Proposal for a regulation
Recital 26

Amendment 214 #

Proposal for a regulation
Recital 27

(27) In order to facilitate the providers’ compliance with the ~~detection obligation~~investigation orders, the EU Centre should make available to providers ~~detection~~approved technologies that they may choose to use, on a free-of-charge basis, for the sole purpose of executing the ~~detec~~investigation orders addressed to them. The European Data Protection Board should be consulted on the acceptability or otherwise of those technologies and the ways in which they should be ~~best~~ deployed ~~to ensure~~, if at all, in compliance with applicable ~~rules of~~ Union law on the protection of personal data~~. The advice~~ and with the Charter of Fundamental Rights. The authoritative position of the European Data Protection Board should be fully taken into account by the EU Centre ~~when compiling the lists of available technologies~~ and also by the Commission when preparing guidelines regarding the application of the ~~detection~~ obligations. The providers may operate the technologies made available by the EU Centre or by others or technologies that they developed themselves, as long as they meet the requirements of this Regulation and other applicable EU law, such as Regulation 2016/679.

Amendment 215 #

Proposal for a regulation
Recital 28

(28) With a view to constantly assess the performance of the ~~detection~~ technologies and ensure that they are sufficiently ~~reliable~~accurate , as well as to identify false positives and ~~avoid to the extent~~false negatives and to avoid erroneous reporting to the EU Centre, providers should ensure adequate human oversight and, where necessary, human intervention, adapted to the type of ~~detection~~ technologies and the type of online child sexual abuse at issue. Such oversight should include regular assessment of the rates of false negatives and positives generated by the technologies, based on an analysis of anonymised representative data samples. In particular where the detection of the solicitation of children in publicly available interpersonal communications is concerned, service providers should ensure regular, specific and detailed human oversight and human verification of conversations identified by the technologies as involving potential solicitation of children.

Amendment 216 #

Proposal for a regulation
Recital 29

(29) Providers of hosting services and providers of publicly available interpersonal communications services are uniquely positioned to detect potential online child sexual abuse involving their services. The information that theyThe information providers may obtain when offering their services is often indispensable to effectively investigate and prosecute child sexual abuse offences. Therefore, they should be required to report on potential online child sexual abuse on their services, whenever they become aware of it, that is, when there are reasonable grounds to believe that a particular activity may constitute online child sexual abuse. Where such reasonable grounds exist, doubts about the potential victim’s age should not prevent those providers from submitting reports. In the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Such awareness could, for example, be obtained through the execution of detection orders, information flagged by users or organisations acting in the public interest against child sexual abuse, or activities conducted on the providers’ own initiativeIn the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Those providers should report a minimum of information, as specified in this Regulation, for competent law enforcement authorities to be able to assess whether to initiate an investigation, where relevant, and should ensure that the reports are as complete as possible before submitting them.

Amendment 217 #

Proposal for a regulation
Recital 29 a (new)

(29 a) In order to ensure effective prevention and fight against online child sexual abuse the providers should be able to make voluntary use of detection technologies as part of their mitigation measues, if they assess this as necessary in order to limit the risk of misuse.

Amendment 218 #

Proposal for a regulation
Recital 29 b (new)

(29 b) All relevant providers should provide for easily accessible, child- friendly and age appropriate notification mechanisms that allow for a quick, efficient and privacy-preserving notification. Micro, small and medium sized enterprises should get support from the EU Centre to build up a corresponding mechanism.

Amendment 219 #

Proposal for a regulation
Recital 31

(31) The rules of this Regulation should not be understood as affecting the requirements regarding removal orders set out in Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065.

Amendment 220 #

Proposal for a regulation
Recital 32

(32) The obligations of this Regulation do not apply to providers of hosting services that do not offer their services in the Union. However, such services may still be used to disseminate child sexual abuse material to or by users in the Union, causing harm to children and society at large, even if the providers’ activities are not targeted towards Member States and the total numbers of users of those services in the Union are limited. ~~For legal and p~~In view of the very high number of ractical reasons, it may not be reasonably possible to have those providers remove or disable access to the material, not even through cooperation with the competent authorities of the third country where they are established. Therefore, in line with existing practices in severalfications of the UN Convention on the Rights of the Child or its optional Protocol on Child Pornography globally, it should always be possible to have those providers remove or disable access to the material. Where problems arise in relation to specific jurisdictions, Commission and Member States~~, it~~ should ~~be possible to require providers of internet access services to take reasonable measures to block the access of users in the Union to the material~~use all reasonable means at their disposal to encourage and lead international efforts to remedy the situation.

Amendment 221 #

(34) Considering that acquiring, possessing, knowingly obtaining access and transmitting child sexual abuse material constitute criminal offences under Directive 2011/93/EU, it is necessary to exempt providers of relevant information society services from criminal liability when they are involved in such activities, insofar as their activities remain strictly limited to what is needed for the purpose of complying with their obligations under this Regulation and they act in good faith.deleted

Amendment 222 #

Proposal for a regulation
Recital 34

(34) CIn order to allow for an efficient reporting system and considering that acquiring, possessing, knowingly obtaining access and transmitting child sexual abuse material constitute criminal offences under Directive 2011/93/EU, it is necessary to exempt providers of relevant information society services from criminal liability when they are involved in such activities, including taking voluntary measures, insofar as their activities remain strictly limited to what is needed for the purpose of complying with their obligations under this Regulation and they act in good faith.

Amendment 223 #

Proposal for a regulation
Recital 40

(40) In order to facilitate smooth and efficient communications by electronic means, including, where relevant, by acknowledging the receipt of such communications, relating to matters covered by this Regulation, providers of relevant information society services should be required to designate a single point of contact and to publish relevant information relating to that point of contact, including the languages to be used in such communications. In contrast to the provider’s legal representative, the point of contact should serve operational purposes and should not be required to have a physical location. Suitable conditions should be set in relation to the languages of communication to be specified, so as to ensure that smooth communication is not unreasonably complicated. For providers subject to the obligation to establish a compliance function and nominate compliance officers in accordance with Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065, one of these compliance officers may be designated as the point of contact under this Regulation, in order to facilitate coherent implementation of the obligations arising from both frameworks.

Amendment 224 #

Proposal for a regulation
Recital 42

(42) Where relevant and convenient, subject to the choice of the provider of relevant information society services and the need to meet the applicable legal requirements in this respect, it should be possible for those providers to designate a single point of contact and a single legal representative for the purposes of Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065 and this Regulation.

Amendment 225 #

Proposal for a regulation
Recital 44

Amendment 226 #

Proposal for a regulation
Recital 49

(49) In order to verify that the rules of this Regulation, in particular those on ~~mitigation~~specific measures and on the execution of ~~detec~~investigation orders, removal orders ~~or blocking orders that it issued~~, are effectively complied ~~in practice~~with, each Coordinating Authority should be able to carry out searches, using the relevant indicators provided by the EU Centre, to detect the dissemination of known or new child sexual abuse material through publicly available material in the hosting services of the providers concernedrelevant searches.

Amendment 227 #

Proposal for a regulation
Recital 50

(50) With a view to ensuring that providers of hosting services are aware of the misuse made of their services and to afford them an opportunity to take expeditious action to remove or disable access on a voluntary basis, Coordinating Authorities of establishment should be able to notify those providers of the presence of known child sexual abuse material on their services and requesting removal or disabling of access thereof, for the providers’ voluntary consideration. Such notifying activities should be clearly distinguished from the Coordinating Authorities’ powers under this Regulation to request the issuance of removal orders, which impose on the provider concerned a binding legal obligation to remove or disable access to the material in question within a set time period.deleted

Amendment 228 #

Proposal for a regulation
Recital 55

(55) It is essential for the proper functioning of ~~the system of mandatory detection and blocking of online child sexual abuse set up by~~ this Regulation that the EU Centre receives, via the Coordinating Authorities, anonymised specific items of material identified as constituting child sexual abuse material or transcripts of conversations identified as constituting the solicitation of children related to a specific person or a specific group of people or specific incident , such as may have been found for example during criminal investigations, so that that material or conversations can serve as an accurate and reliable basis for the EU Centre to generate indicators of such abuses. In order to achieve that result, the identification should be made after a diligent assessment, conducted in the context of a procedure that guarantees a fair and objective outcome, either by the Coordinating Authorities themselves or by a court or another independent administrative authority than the Coordinating Authority. Whilst the swift assessment, identification and submission of such material is important also in other contexts, it is crucial in connection to ~~new~~ child sexual abuse material ~~and the solicitation of children~~ reported under this Regulation, considering that this material can lead to the identification of ongoing or imminent abuse and the rescuing of victims. Therefore, specific time limits should be set ~~in connection to such reporting~~.

Amendment 229 #

Proposal for a regulation
Recital 55 a (new)

(55 a) All communications containing illegal material should be encrypted to state of the art standards, all access by staff to such content should be limited to what is necessary and thoroughly logged.

Amendment 230 #

Proposal for a regulation
Recital 56

(56) With a view to ensuring that the indicators generated by the EU Centre ~~for the purpose of detection~~ are as complete as possible, the submission of relevant material and transcripts should be done proactively by the Coordinating Authorities. However, the EU Centre should also be allowed to bring certain material or conversations to the attention of the Coordinating Authorities for those purposes.

Amendment 231 #

Proposal for a regulation
Recital 69 a (new)

(69 a) Hotlines play an invaluable role in providing the public with a way to report suspected child sexual abuse material and by rapidly removing harmful content online, but they have different legal rights to process child sexual abuse material and therefore Member Stats are encouraged to aim for a harmonisation of the legal capacities of hotlines.

Amendment 232 #

Proposal for a regulation
Recital 70

(70) This Regulation recognises and reinforces the key role of hotlines in optimising the fight against child sexual abuse online at the Union level. Hotlines are at the forefront of detecting new child sexual abuse material and have a track record of proven capability in the rapid identification and removal of child sexual abuse material from the digital environment. Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines and encourage that they work together effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union.

Amendment 233 #

Proposal for a regulation
Recital 70

(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines, concluding, when necessary, strategic and/or operational cooperation agreements with them and encourage that they ~~work together~~cooperate and coordinate effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union.

Amendment 234 #

Proposal for a regulation
Recital 78

(78) Regulation (EU) 2021/1232 of the European Parliament and of the Council45provides for a temporary solution in respect of the use of technologies by certain providers of publicly available interpersonal communications services for the purpose of combating online child sexual abuse~~, pending the preparation and adoption of a long-term legal framework.This Regulation provides that long-term legal framework~~. Regulation (EU) 2021/1232 should therefore be repealed. _________________ 45 Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number- independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse (OJ L 274, 30.7.2021, p. 41).

Amendment 235 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1

This Regulation lays down uniform rules to address the misuse of relevant information society services for online child sexual abuse in ~~the internal market.~~ order to contribute to the proper functioning of the internal market and to create a safe, predictable and trusted online environment that facilitates innovation and in which fundamental rights enshrined in the Charter are effectively protected.

Amendment 236 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1

This Regulation lays down uniform rules to prevent and address the misuse of relevant information society services for online child sexual abuse ~~in the internal~~and ensure the smooth functioning of a digital single market.

Amendment 237 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1

This Regulation lays down uniform rules to address the misuse of relevant information society services for online child sexual abuse in the ~~internal market~~EU Member States.

Amendment 238 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b

(b) obligations on relevant providers of hosting services and relevant providers of interpersonal communication services that allow the dissemination and sharing of images and videos to detect and report online child sexual abuse;

Amendment 239 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b

(b) obligations on providers of hosting services and providers of publicly available number-independent interpersonal communication services to ide~~tect~~ntify and report online child sexual abuse;

Amendment 240 #

Proposal for a regulation
Article premier – paragraph 1 – subparagraph 2 – point b

(b) obligations on providers of hosting services ~~and providers of interpersonal communication services~~ to detect and report online child sexual abuse;

Amendment 241 #

(b) obligations on relevant providers of ~~hosting services and providers of interpersonal communication services to detect and~~information society services that allow for the exchange of images, videos and where applicable sound, to report online child sexual abuse;

Amendment 242 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point c

(c) obligations on ~~providers of hosting~~relevant information society services to remove or disable access to child sexual abuse material on their services;

Amendment 243 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d a (new)

(d a) obligations on providers of online search engines to delist websites indicating child sexual abuse material;

Amendment 244 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point e a (new)

(e a) Obligations on providers of online games;

Amendment 245 #

Proposal for a regulation
Article 1 – paragraph 3 – point b

(b) Directive 2000/31/EC and Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065;

Amendment 246 #

Proposal for a regulation
Article premier – paragraph 3 – point b a (new)

(ba) Regulation (EU) .../... [laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts], in particular Article 5;

Amendment 247 #

Proposal for a regulation
Article 1 – paragraph 4

4. This Regulation limits the exercise of the rights and obligations provided for in 5(1) and (3) and Article 6(1) of Directive 2002/58/EC insofar as necessary for the execution of the ~~detec~~investigation orders issued in accordance with Section 2 of Chapter 1 of this Regulation.

Amendment 248 #

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) ‘hosting service’ means an information society service as defined in Article 2, point (f), third indent, of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]; in so far they allow the dissemination and sharing of images and videos;

Amendment 249 #

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) ‘hosting service’ means an information society service as defined in Article 23, point (fg), third indent, of Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065;

Amendment 250 #

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) ‘hosting service’ means an information society service as defined in Article 23, point (fg), third indent, of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC];

Amendment 251 #

Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)

(a a) 'cloud computing service' means a service as defined in Article 6, point (30), of Directive (EU) 2022/2555 of the European Parliament and of the Council.

Amendment 252 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘number-independent interpersonal communications service’ means a publicly available service as defined in Article 2, point 57, of Directive (EU) 2018/1972~~, including services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service~~;

Amendment 253 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘interpersonal communications service’ means a publicly available service as defined in Article 2, point 5, of Directive (EU) 2018/1972, including services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service in so far they allow the dissemination and sharing of images and videos;

Amendment 254 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘interpersonal communications service’ means a publicly available service as defined in Article 2, point 5, of Directive (EU) 2018/1972, including services which enable direct interpersonal and interactive exchange of information that include videos and images, merely as a minor ancillary feature that is intrinsically linked to another service;

Amendment 255 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘interpersonal communications service’ means a publicly available service as defined in Article 2, point 5, of Directive (EU) 2018/1972, ~~including~~except services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service;

Amendment 256 #

Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)

(b a) ‘number-independent interpersonal communications service within games’ means any service defined in Article 2, point 7 of Directive (EU) 2018/1972 which is part of a game.

Amendment 257 #

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘software application’ means a digital product or service as defined in Article 2, point 135, of Regulation (EU) ~~…/… [on contestable and fair markets in the digital sector (Digital Markets Act)]~~2022/1925;

Amendment 258 #

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) ‘software application store’ means a service as defined in Article 2, point 124, of Regulation (EU) ~~…/… [on contestable and fair markets in the digital sector (Digital Markets Act)]~~2022/1925;

Amendment 259 #

Proposal for a regulation
Article 2 – paragraph 1 – point e

(e) ‘internet access service’ means a service as defined in Article 2(2), point 2, of Regulation (EU) 2015/2120 of the European Parliament and of the Council49; _________________ 49 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, p. 1– 18).deleted

Amendment 260 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point ii

~~(ii) an interpersonal communications service;~~deleted

Amendment 261 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point ii

(ii) an publicly available number- independent interpersonal communications service;

Amendment 262 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv

~~(iv) an internet access service.~~deleted

Amendment 263 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv a (new)

(iv a) online search engines;

Amendment 264 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv a (new)

(iv a) online games;

Amendment 265 #

Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)

(f a) “Online search engine” means an intermedietary service as defined in Article 3 point (j) of Regulation (EU) 2022/2065;

Amendment 266 #

Proposal for a regulation
Article 2 – paragraph 1 – point f b (new)

(f b) ‘metadata‘ means data processed for the purposes of transmitting, distributing or exchanging content data; including data used to trace and identify the source and destination of a communication, data on the location of the user, and the date, time, duration and the type of communication;

Amendment 267 #

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) ‘to offer services in the Union’ means to offer services in the Union as defined in Article 2~~, point (d~~(1), of Regulation (EU) ~~…/… [~~2022/1925 on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC];

Amendment 268 #

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)

(h a) ‘hotline’ means an organisation providing a mechanism, other than the reporting channels provided by law enforcement agencies, for receiving anonymous report from the public about alleged child sexual abuse material and online child sexual exploitation, which is officially recognised by the Member State of establishment and has the mission of combatting child sexual abuse;

Amendment 269 #

Proposal for a regulation
Article 2 – paragraph 1 – point h b (new)

(h b) ‘help-line’ means an organisation providing services for children in need as recognised by the Member State of establishment;

Amendment 270 #

Proposal for a regulation
Article 2 – paragraph 1 – point j

(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 178 years;

Amendment 271 #

Proposal for a regulation
Article 2 – paragraph 1 – point r

(r) ‘recommender system’ means the system as defined in Article 23, point (os), of Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065;

Amendment 272 #

Proposal for a regulation
Article 2 – paragraph 1 – point t

(t) ‘content moderation’ means the activities as defined in Article 23, point (pt), of Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065;

Amendment 273 #

Proposal for a regulation
Article 2 – paragraph 1 – point v

(v) ‘terms and conditions’ means terms and conditions as defined in Article 23, point (qu), of Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065;

Amendment 274 #

Proposal for a regulation
Article 2 a (new)

Article 2 a End-to-End Encryption and Prohibition on General Monitoring 1. End-to-end encryption is essential to guarantee the security, confidentiality of the communications of users, including those of children. Any restrictions of encryption could lead to abuse by malicious actors. Nothing in this Regulation should be interpreted as prohibiting providers of information society services from providing their services applying end-to-end encryption, restricting or undermining such encryption. Member States should not prevent providers of information society services from providing their services applying encryption, considering that such encryption is essential for trust in and security of the digital services, and effectively prevents unauthorised third party access. 2. Nothing in this Regulation should undermine the prohibition of general monitoring under EU law.

Amendment 275 #

Proposal for a regulation
Article 2 a (new)

Article 2 a Voluntary own-initiative detection Providers of relevant information society services shall be deemed eligible to carry out own-initiative investigations into, or take other measures aimed at detecting, identifying and preventing dissemination or removing child sexual abuse on their services in addition to mandatory requirements foreseen in this Regulation.

Amendment 276 #

Proposal for a regulation
Article 3 – paragraph 1

1. Providers of hosting services ~~and providers of interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the risk of use of~~, excluding cloud computing services, and providers of number-independent interpersonal communications services shall identify, analyse and assess the recurrent systemic risk of use of their services for the purpose of online child sexual abuse. The risk assessment shall be specific to these service ~~for the purpo~~s and proportionate to the systemic risk considering its severity and probability, including based o~~f onlin~~n the specific cases where service was misused to disseminate child sexual abuse materials.

Amendment 277 #

Proposal for a regulation
Article 3 – paragraph 1

1. Providers of hosting services and providers of number-independent interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the risk of use of the service for the purpose of online child sexual abuse. This risk assessment shall be specific to their services and proportionate to the risks, taking into consideration their severity and probability and in full respect to the fundamental rights enshrined in the Charter.

Amendment 278 #

Proposal for a regulation
Article 3 – paragraph 1

1. Providers of hosting services and providers of ~~interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the risk of use~~publicly available number- independent interpersonal communications services that are exposed to substantial amount of child sexual abuse material shall identify, analyse and assess, for each such service that they offer, risks stemming from the design, functioning , including algorithmic systems of the service for the purpose of online child sexual abuse.

Amendment 279 #

Proposal for a regulation
Article 3 – paragraph 1

1. Providers of hosting services and providers of interpersonal communications services shall ~~identify, analyse and assess, for each such serv~~carry out the risk assessment in accordance with Article ~~that they offer,~~34 of Regulation (EU) 2022/2065 in relation to the risk of use of the service for the purpose of online child sexual abuse.

Amendment 280 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1 a. A hosting service provider or publicly available number-independent interpersonal communication service is exposed to child sexual abuse material where the coordinating authority of the Member State of its main establishment or where its legal repr esentative resides or is established has: a) taken a decision, on the basis of objecti ve factors, such as the provider having rec eived two or more final removal orders in the previous 12 m onths, finding that the provider is exposed to child sexual abuse material;and b) notified the decision referred to in point (a) to the provider.

Amendment 281 #

Proposal for a regulation
Article 3 – paragraph 2 – point a

~~(a) any previously identified instances of use of its services for the purpose of online child sexual abuse;~~deleted

Amendment 282 #

Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)

(a a) any actual or foreseeable negative effects for the exercise of fundamental rights

Amendment 283 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part

(b) the existence and implementation by the provider of a policy and the availability and effectiveness of functionalities to address the risk referred to in paragraph 1, including through the following:

Amendment 284 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 1

~~— prohibitions and restrictions laid down in the terms and conditions;~~deleted

Amendment 285 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2

~~— measures taken to enforce such prohibitions and restrictions;~~deleted

Amendment 286 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2

— concrete measures taken to enforce such prohibitions and restrictions;

Amendment 287 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3

— functionalities enabling ~~age verification~~protection of children and preventing online child sexual abuse;

Amendment 288 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3

— functionalities enabling ~~age verification~~parental control, that among others allow for age assurance;

Amendment 289 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3

— functionalities enabling ~~age verification~~the effective protection of children online ;

Amendment 290 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3

— functionalities ~~enabling age verification~~preventing online child sexual abuse;

Amendment 291 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Sandro GOZI

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3

— functionalities enabling age ~~verification~~assessing measures;

Amendment 292 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)

- Functionalities enabling scanning for known child sexual abuse material on upload;

Amendment 293 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Sandro GOZI

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)

- functionalities enabling age appropriate parental control;

Amendment 294 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 b (new)

- Functionalities preventing uploads from the dark web;

Amendment 295 #

Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)

(b a) the capacity, in accordance with the state of the art, to deal with reports and notifications about child sexual abuse in a timely manner;

Amendment 296 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

~~(c) the manner in which users use the service and the impact thereof on that risk;~~deleted

Amendment 297 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) the manner in which the provider designed and operates the service, including the business model, governance and relevant systems and processes, the design of their recommender systems and any other relevant algorithmic system and the impact thereof on that risk;

Amendment 298 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point i

~~(i) the extent to which the service is used or is likely to be used by children;~~deleted

Amendment 299 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point ii

~~(ii) where the service is used by children, the different age groups of the child users and the risk of solicitation of children in relation to those age groups;~~deleted

Amendment 300 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 1

— enabling users to publicly search for other users and, in particular, for adult users to search for child users;

Amendment 301 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 2

~~— enabling users to establish contact with other users directly, in particular through private communications;~~deleted

Amendment 302 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 2

— enabling users to ~~establish~~initiate unsolicited contact with other users directly, in particular through private communications;

Amendment 303 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3

— enabling users to establish direct contact and share images or videos with other users, in particular through private communications.

Amendment 304 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3 a (new)

- Enabling users to create usernames that contain a representation about, or imply, the user’s age;

Amendment 305 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3 a (new)

- the extent to which children have access to age-restricted content

Amendment 306 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3 b (new)

- Enabling child users to create usernames that contain location information on child users;

Amendment 307 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3 c (new)

- Enabling users to know or infer the location of child users.

Amendment 308 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii a (new)

(iiia) enabling child users to access all or some of the functionalities above themselves.

Amendment 309 #

Proposal for a regulation
Article 3 – paragraph 2 a (new)

2a. The fact that a provider of interpersonal communications services ensures that interpersonal communications remain confidential or are encrypted cannot be considered a risk factor within the meaning of this Regulation.

Amendment 310 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

The provider may request the EU Centre to perform an analysis of representative, anonymized data samples to identify potential online child sexual abuse, to support the risk assessment. This request cannot serve the purpose of evading any of the provider’s obligations set up in this Regulation. The EU Centre shall perfom the analysis in a timely manner.

Amendment 311 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

The provider may request the EU Centre to perform an analysis of ~~representative, anonymized data samples to identify potential online child sexual abuse,~~methodology for risk assessment in order to support the risk assessment.

Amendment 312 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The costs incurred by the EU Centre for the performance of such an analysis shall be borne by the requesting provider. However, the EU Centre shall bear those costs where the provider is a micro, small or medium-sized enterprise~~, provided the request is reasonably necessary to support the risk assessment~~.

Amendment 313 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The costs incurred by the EU Centre for the performance of such an analysis shall be borne by the requesting provider. However, the EU Centre shall bear those costs where the provider is a micro, small or medium-sized enterprise~~, provided the request is~~. The Centre may reject the request on the basis that it is not reasonably necessary to support the risk assessment.

Amendment 314 #

Catharina RINZEMA, Morten LØKKEGAARD, Sandro GOZI

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3

~~The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 in order to supplement this Regulation with the necessary detailed rules on the determination and charging of those costs and the application of the exemption for micro, small and medium- sized enterprises.

Amendment 315 #

Proposal for a regulation
Article 3 – paragraph 3 a (new)

3 a. Providers of hosting services and providers of interpersonal communication services shall put forward specific age assurance verification systems that meet the following criteria: (a) effectively protect the privacy of users and do not disclose data gathered for the purposes of age assurance for any other purpose (b) do not collect data that is not strictly necessary for the purposes of age assurance; (c) be proportionate to the risks associated to the product or service that presents a risk of misuse of child sexual abuse; (d) provide appropriate remedies and redress mechanisms for users whose age is wrongly identified.

Amendment 316 #

Proposal for a regulation
Article 3 – paragraph 3 a (new)

3 a. The provider may also voluntary use the measures specified in Article 10 to detect online child sexual abuse on a specific service. In this case they have to notify the Coordinating authority and include the results of its analyses in a separate section of the risk assessment.

Amendment 317 #

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – point a

(a) for a service which is subject to a ~~detec~~investigation order issued in accordance with Article 7, the provider shall update the risk assessment at the latest two months before the expiry of the period of application of the ~~detection~~ order;

Amendment 318 #

Proposal for a regulation
Article 3 – paragraph 6

6. The Commission, in cooperation with Coordinating Authorities ~~and the EU Centre~~, the EU Centre and the European Data Protection Board and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1 to 5, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.

Amendment 319 #

Proposal for a regulation
Article 4 – title

~~Risk mitigation~~Specific measures

Amendment 320 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services and providers of publicly available number- independent interpersonal communications services stha~~ll take reasonable mitigation~~t are exposed to substantial amount of child sexual abuse material shall take proportionate and effective specific measures, tailored to the serious risk identified pursuant to Article 3~~, to minimise that risk~~. Such measures shall include some or all of the following:

Amendment 321 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services, excluding cloud computing services, and providers of interpersonal communications services shall take reasonable, proportionate and targeted mitigation measures, tailored to the risk identified pursuant to Article 3 and the type of service offered, to minimise that risk. Such measures shall include some or all of the following:

Amendment 322 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services and providers of interpersonal communications services shall take the reasonable mitigation measures set out in Article 35 of Regulation (EU) 2022/2065, tailored to the risk identified pursuant to Article 3, to minimise that risk. Such measures shall include some or all of the following:

Amendment 323 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ, Sandro GOZI, Svenja HAHN

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services and providers of interpersonal communications services shall take reasonable mitigation measures, tailored to the risk identified pursuant to Article 3, to minimise that risk. Such measures shall include, but need not to be limited to, some or all of the following:

Amendment 324 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services and providers of interpersonal communications services shall take ~~reasonabl~~concrete mitigation measures, tailored to the risk identified pursuant to Article 3, to minimise that risk. Such measures shall include some or all of the following:

Amendment 325 #

Proposal for a regulation
Article 4 – paragraph 1 – point a

Amendment 326 #

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)

(a a) providing technical measures and tools that allow users to manage their own privacy, visibility, reachability and safety , and that are set to the most secure levels by default;

Amendment 327 #

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)

(a a) introducing parental control features and functionalities that allow the parents or the legal guardians to exercise oversight and control over the child's activity;

Amendment 328 #

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)

(a a) adapting privacy and safety by design and by default for children, including age appropriate parental control tools;

Amendment 329 #

Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)

(a b) informing users about external resources and services in the user’s region on preventing child sexual abuse, counselling by help-lines, victim support and educational resources by hotlines and child protection organisation;

Amendment 330 #

Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)

(a b) implementing measures to prevent and combat the dissemination of online child sex abuse materials;

Amendment 331 #

Proposal for a regulation
Article 4 – paragraph 1 – point a c (new)

(a c) providing tools in a prominent way on their platform that allow users and potential victims to seek help from their local help-line

Amendment 332 #

Proposal for a regulation
Article 4 – paragraph 1 – point a d (new)

(a d) automatic mechanisms and interface design elements to inform users about external preventive intervention programmes

Amendment 333 #

Proposal for a regulation
Article 4 – paragraph 1 – point b

(b) ~~reinforc~~adapting the provider’s internal processes or the internal supervision of the functioning of the service;

Amendment 334 #

Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)

(b a) processing metadata;

Amendment 335 #

Proposal for a regulation
Article 4 – paragraph 1 – point c

(c) initiating or adjusting cooperation, in accordance with competition law, with other providers of hosting services or providers of interpersonal communication services, public authorities, civil society organisations or, where applicable, entities awarded the status of trusted flaggers in accordance with Article 19 of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] .deleted

Amendment 336 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Sandro GOZI

Proposal for a regulation
Article 4 – paragraph 1 – point c

(c) initiating or adjusting cooperation, in accordance with competition law, with other providers of hosting services or providers of interpersonal communication services, public authorities, civil society organisations or, where applicable, entities awarded the status of trusted flaggers in accordance with Article 19 of Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~ 2022/2065.

Amendment 337 #

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 (new)

If the risk assessment conducted or updated in accordance with Article 3 identifies that there is a risk of use of the service being used to disseminate, store or make available known child sexual abuse material, reasonable mitigation measures may include measures to detect and remove such material.

Amendment 338 #

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)

(c a) foreseeing awareness-raising measures;

Amendment 339 #

Proposal for a regulation
Article 4 – paragraph 1 – point c b (new)

(c b) using any other measures in accordance with the current or future state of the art that are fit to mitigate the identified risk;

Amendment 340 #

Proposal for a regulation
Article 4 – paragraph 2 – introductory part

2. The ~~mitigation~~specific measures shall be:

Amendment 341 #

Proposal for a regulation
Article 4 – paragraph 2 – point a

(a) effective and proportionate in mitigating the identified serious risk;

Amendment 342 #

Proposal for a regulation
Article 4 – paragraph 2 – point a

(a) effective and efficient in mitigating the identified risk;

Amendment 343 #

Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)

(a a) subject to an implementation plan with clear objectives and methodologies for identifying and quantifying impacts on the identified serious risk and on the exercise of the fundamental rights of all affected parties. The implementation plan shall be reviewed every six months.

Amendment 344 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) applied in line with the right to privacy and the safety of individuals, targeted and proportionate in relation to that risk, taking into account, in particular, the seriousness of the risk as well as the provider’s financial and technological capabilities and the number of users;

Amendment 345 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Sandro GOZI

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) targeted and proportionate in relation to that risk, taking into account, in particular, the seriousness of the risk , any impact on the functionality of the service as well as the provider’s financial and technological capabilities and the number of users;

Amendment 346 #

Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)

(d a) Providers of hosting services and providers of interpersonal communications services are encouraged to put in place voluntary measures to detect and report online child sexual abuse for those services that have proven to pose a risk of misuse for child sexual abuse, or in cases there is an imminent risk of misue for child sexual abuse, including for the purpose of the solicitation of children;

Amendment 347 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. The requirement that the providers of interpersonal communications services take risk mitigation measures shall in no way constitute a requirement that they access the content of communications or make provision for methods to access these communications or to compromise their encryption.

Amendment 348 #

Proposal for a regulation
Article 4 – paragraph 3

Amendment 349 #

Proposal for a regulation
Article 4 – paragraph 3

Amendment 350 #

Proposal for a regulation
Article 4 – paragraph 3

3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the mitigation measures and to put in place effective measure to block the access of children to websites that fall under an age-restriction applicable under national law.

Amendment 351 #

Proposal for a regulation
Article 4 – paragraph 3

3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age ~~verification and age~~ assessment measures to reliably identify child users on their services, enabling them to take the mitigation measures. The age assessement tools shall be able to verify the age in an efficient, privacy-preserving and secure manner.

Amendment 352 #

Proposal for a regulation
Article 4 – paragraph 3

3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary ~~age verification and age assessment measures to reliably identify child users on their services, enabling them to take the mitigation measures~~targeted measures, such as parental control tools that enable age assurance, and other tools that adapt their online interface and protect child users from solicitation.

Amendment 353 #

Proposal for a regulation
Article 4 – paragraph 3

3. Providers of number-independant interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary ~~age verification and age~~ assessment measures to reliably ~~identify child users on their services,~~ enabl~~ing~~e them to take the mitigation measures.

Amendment 354 #

Amendment 355 #

Proposal for a regulation
Article 4 – paragraph 3 a (new)

3 a. Any requirement to take specific measures shall be without prejudice to Article 8 of Regulation (EU) 2022/2065 and shall entail neither a general obligation for hosting services providers to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.

Amendment 356 #

Proposal for a regulation
Article 4 – paragraph 4

4. Providers of hosting services and providers of interpersonal communications services shall clearly describe in their terms and conditions the mitigation measures that they have taken. That description shall not include information that may reduce the effectiveness of the mitigation measures, unless the measures impinge on the essence of the service underlying the contract of use, or unless they amend, derogate from or invalidate another clause in the provider's terms and conditions.

Amendment 357 #

Proposal for a regulation
Article 4 – paragraph 4

4. PWhere appropriate providers of hosting services and providers of interpersonal communications services shall clearly describe in their terms ~~and conditions~~of service the mitigation measures that they have taken. That description shall not include information that ~~may~~is likely to reduce the effectiveness of the mitigation measures.

Amendment 358 #

Proposal for a regulation
Article 4 – paragraph 5

5. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, ~~may~~shall issue guidelines on the application of paragraphs 1, 2, 3 and 4, having due regard in particular to relevant technological developments and in the manners in which the services covered by those provisions are offered and used.

Amendment 359 #

Proposal for a regulation
Article 4 – paragraph 5

5. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1~~, 2, 3~~ and 42, having due regard in particular to relevant technological developments and in the manners in which the services covered by those provisions are offered and used.

Amendment 360 #

Proposal for a regulation
Article 4 a (new)

Article 4 a Legal basis for risk mitigation through metadata processing 1. To the extent necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, providers of number independent interpersonal communication services shall be allowed, as a mitigating measure under Article 4, to process metadata. 2. All relevant service providers shall process metadata when ordered to do so by the Coordinating Authority of establishment in accordance with Article 5bis(4). When assessing whether to require a provider to process metadata, the Coordinating Authority shall take into account the interference with the rights to privacy and data protection of the users of the service that such a processing entails and determine whether, in the case at hand, the processing of metadata would be effective in mitigating the risk of use of the service for the purpose of child sexual abuse, strictly necessary and proportionate. 3. If they process metadata as a risk mitigation measure, providers shall inform their users of such processing in their terms and conditions, including information on the possibility to submit complaints.

Amendment 361 #

Proposal for a regulation
Article 4 a (new)

Amendment 362 #

Proposal for a regulation
Article 4 b (new)

Article 4 b Specific measures for number- independent interpersonal communications service within games Providers of online games that operate number-independent interpersonal communications service within their games shall take the necessary technical and organisational measures a) preventing users from initiating unsolicited contact with other users; b) facilitating user-friendly reporting of alleged child sexual abuse material; c) providing technical measures and tools that allow users to manage their own privacy, visibility reachability and safety. and that are set to the most secure levels by default; d) providing tools in a prominent way on their platform that allow users and potential victims to seek help from their local help-line.

Amendment 363 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. Providers of hosting services and providers of publicly available number- independent interpersonal communications services shall transmit, by three months from the date referred to in Article 3(4), to the Coordinating Authority of establishment a report specifying the following:

Amendment 364 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. Providers of hosting services and providers of interpersonal communications services shall transmit, ~~by three months from~~within 30 days of the date referred to in Article 3(4), to the Coordinating Authority of establishment a report specifying the following:

Amendment 365 #

Proposal for a regulation
Article 5 – paragraph 1 – point a

(a) ~~the process and~~ the results of the risk assessment conducted or updated pursuant to Article 3, including the assessment of any ~~potential~~ remaining serious risk referred to in Article 3(5);

Amendment 366 #

Proposal for a regulation
Article 5 – paragraph 1 – point b

(b) any ~~mitigation~~specific measures taken pursuant to Article 4.

Amendment 367 #

Proposal for a regulation
Article 5 – paragraph 2

2. Within three months after receiving the report, the Coordinating Authority of establishment shall assess it and determine, on that basis and taking into account any other relevant information available to it, whether the risk assessment has been carried out or updated and the ~~mitigation measure~~specific measures and implementation plans have been taken in accordance with the requirements of Articles 3 and 4.

Amendment 368 #

Proposal for a regulation
Article 5 – paragraph 2

2. Within ~~three month~~60 days after receiving the report, the Coordinating Authority of establishment shall assess it and determine, on that basis and taking into account any other relevant information available to it, whether the risk assessment has been carried out or updated and the mitigation measures have been taken in accordance with the requirements of Articles 3 and 4.

Amendment 369 #

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1

Where necessary for that assessment, that Coordinating Authority may require further information from the provider, ~~within a reasonable time period set by that Coordinating Authority. That time period shall not be longer than two weeks~~to be provided without undue delay .

Amendment 370 #

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2

~~The time period referred to in the first subparagraph shall be suspended until that additional information is provid~~deleted.

Amendment 371 #

Proposal for a regulation
Article 5 – paragraph 4

4. Without prejudice to Articles 7 and 27 to 29, where the requirements of Articles 3 and 4 have not been met, that Coordinating Authority shall require the provider to ~~re-conduct or~~make specific updates to the risk assessment ~~or to introduce, review, discontinue or expand, as applicable, the mitigation measures,~~ within a reasonable time period set by that Coordinating Authority. That time period shall not be longer than one month.

Amendment 372 #

Proposal for a regulation
Article 5 – paragraph 6

6. Providers shall, upon request, transmit the report to the providers of software application stores, insofar as necessary for the assessment referred to in Article 6(2). Where necessary, they may remove confidential information from the reports.deleted

Amendment 373 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ, Sandro GOZI, Svenja HAHN

Proposal for a regulation
Article 5 – paragraph 6 a (new)

6 a. Providers of hosting services and providers of interpersonal communications services that qualify as micro (or small) enterprises within the meaning of Article 3 of Directive 2013/34/EU shall transmit a simplified version of the report under paragraph 1 of this Article.

Amendment 374 #

Proposal for a regulation
Article 5 a (new)

Article 5 a User notification mechanism 1. Without prejudice to Article 16 of Regulation (EU) 2022/2065, relevant information society service providers shall establish mechanisms or use existing mechanisms to allow any individual or entity to notify them of the presence on their service of potential online child sexual abuse, in particular of new child sexual abuse material and solicitation of children for sexual purposes. Those mechanisms shall be easy to access, user- and child-friendly, and allow for the submission of the notification exclusively by electronic means. Providers shall ensure that sufficient human and financial resources are allocated to ensure that the notifications are effectively processed in a timely manner. 2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of notifications to flag to the provider of a relevant information society service potential online child sexual abuse on the service, allowing that provider to identify alleged online child sexual abuse without a detailed legal examination and containing a clear indication of the exact electronic location of that information, and, where necessary and possible, additional information enabling the identification of the illegal content adapted to the type of content. 3. Where the notification contains an electronic contact information of the individual or entity that submitted it, the provider of the relevant information society services shall, without undue delay, send a confirmation of receipt of the notification and inform that individual or entity of its decision and actions taken in relation to the notification.

Amendment 375 #

Proposal for a regulation
Article 6

Obligations for software application 1. Providers of software application stores shall: (a) make reasonable efforts to assess, where possible together with the providers of software applications, whether each service offered through the software applications that they intermediate presents a risk of being used for the purpose of the solicitation of children; (b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children; (c) take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the measures referred to in point (b). 2. In assessing the risk referred to in paragraph 1, the provider shall take into account all the available information, including the results of the risk assessment conducted or updated pursuant to Article 3. 3. Providers of software application stores shall make publicly available information describing the process and criteria used to assess the risk and describing the measures referred to in paragraph 1. That description shall not include information that may reduce the effectiveness of the assessment of those measures. 4. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2 and 3, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.Article 6 deleted stores

Amendment 376 #

Amendment 377 #

Proposal for a regulation
Article 6 – paragraph 1 – point a

(a) make reasonable efforts to ~~assess, where possible together with the providers of~~to ensure that software applications, whether each service offered through the software applications ~~that they intermediate presents a risk of being used for the purpose of the so~~can only make available on their platform software applications if prior to the use of their service they have obtained the contact details of the provider of software applicitation ~~of children~~developing team ;

Amendment 378 #

Proposal for a regulation
Article 6 – paragraph 1 – point b

Amendment 379 #

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) take reasonable and effective measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children leading to an online child sex abuse;

Amendment 380 #

Proposal for a regulation
Article 6 – paragraph 1 – point c

~~(c) take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the measures referred to in point (b).~~deleted

Amendment 381 #

Proposal for a regulation
Article 6 – paragraph 1 – point c

(c) take the necessary age ~~verification and age~~ assessment measures to reliably identify child users on their services, in an effective, privacy- preserving and secure manner, enabling them to take the measures referred to in point (b).

Amendment 382 #

Proposal for a regulation
Article 6 – paragraph 2

2. In assessing the risk referred to in paragraph 1, the provider shall take into account all the available information, including the results of the risk assessment conducted or updated pursuant to Article 3.deleted

Amendment 383 #

Proposal for a regulation
Article 6 – paragraph 3

3. Providers of software application stores shall make publicly available information describing the process and criteria used to assess the risk and describing the measures referred to in paragraph 1. That description shall not include information that may reduce the effectiveness of the assessment of those measures.deleted

Amendment 384 #

Proposal for a regulation
Article 6 – paragraph 4

4. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2 and 3, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.deleted

Amendment 385 #

Proposal for a regulation
Article 6 a (new)

Article 6 a Security and confidentiality of communications Nothing in this Regulation shall be construed as prohibiting, restricting or undermining the provision or the use of encrypted services. Member States shall not prevent or discourage providers of relevant information society services from offering encrypted services.

Amendment 386 #

Article 6 a Encrypted services Nothing in this Regulation shall be construed as prohibiting, restricting or undermining the provision or the use of encrypted services. Providers of information society services shall not be deterred nor prevented by relevant public authorities from offering encrypted services.

Amendment 387 #

Proposal for a regulation
Article 6 a (new)

Article 6 a Encrypted services Member States shall not prevent providers of relevant information society services from offering encrypted services. But when offering them, providers have to make sure that they process metadata in order to detect known child sexual abuse material.

Amendment 388 #

Proposal for a regulation
Article 6 a (new)

Article 6 a Security of communications and services Nothing in this regulation shall be construed as encouraging the prohibition, restriction, circumvention or undermining of the provision or the use of encrypted services.

Amendment 389 #

Proposal for a regulation
Article 6 b (new)

Article 6 b Support for micro and small and medium sized enterprises The Commission shall be empowered to adopt delegated acts in accordance with Article 86 in order to supplement this Regulation with guidelines that foresee practical support for micro and small and medium sized enterprises in order for them to be able to fulfil the obligations of this Regulation.

Amendment 390 #

Proposal for a regulation
Chapter II – Section 2

~~[...]~~deleted

Amendment 391 #

Proposal for a regulation
Chapter II – Section 2 – title

2 ~~Detec~~Investigation obligations

Amendment 392 #

Proposal for a regulation
Article 7

~~[...]~~deleted

Amendment 393 #

Proposal for a regulation
Article 7 – title

Issuance of ~~detec~~investigation orders

Amendment 394 #

Proposal for a regulation
Article 7 – paragraph 1

1. The Coordinating Authority of establishment shall have the power, as a last resort, when all the measures in Article 3, 4 and 5 have been exhausted, to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific service, for a limited time and for the sole purpose of detecting known child sexual abuse material, a detection order requiring a provider of hosting services excluding cloud computing services, or a provider of number-independent interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect known child sexual abuse on a specific service or relating to specific users or groups of users. The detection order shall be limited to the information identified in the order, allow the service provider to fulfill it without the need to carry out an independent assessment of that content and search and removal can be carried out by reliable automated tools. The detection order shall be directed to the providers of hosting services, excluding cloud computing services, and number-independent interpersonal communications services that can reasonably be expected to have the technical and operational ability to act.

Amendment 395 #

Proposal for a regulation
Article 7 – paragraph 1

1. The Coordinating Authority of establishment shall have the power, as a last resort, when all the measures in Article 3, 4 and 5 have been exhausted, to request the competent independent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue, for a limited time and for the sole purpose of detecting known child sexual abuse material, a detection order requiring a provider of hosting services or a provider of number-independent interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect ~~online~~known child sexual abuse on a specific service and relating to specific users or groups of users. The detection order shall be directed to the providers of hosting services and number-independent interpersonal communications services that can reasonably be expected to have the technical and operational ability to act.

Amendment 396 #

Proposal for a regulation
Article 7 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it ~~or another independent administrative authority of that Member State to issue a detec~~to issue an investigation order requiring a provider of hosting services or a provider of publicly available number-independent interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to ~~detect~~assist in investigations of a specific person, specific group of people, or a specific incident related to online child sexual abuse on a specific service.

Amendment 397 #

Proposal for a regulation
Article 7 – paragraph 1

Amendment 398 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ

Proposal for a regulation
Article 7 – paragraph 1

1. TAs a last resort, the Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it ~~or another independent administrative authority of that Member State~~ to issue a detection order, limited in time, requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific service.

Amendment 399 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The Coordinating Authority of establishment shall, before requesting the issuance of a detection order, carry out the investigations and assessments necessary to determine whether the conditions of paragraph 4 have been met. Detection orders issued by the coordinating authorities shall serve as a measure of last resort, only enacted when all mitigating measures, including voluntary ones, have proven unsuccessful.

Amendment 400 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

~~The Coordinating Authority of establishment shall, b~~Before requesting the issuance of a detection order, the Coordinating Authority of establishment shall carry out the investigations and assessments necessary to determine whether ~~the~~all conditions of paragraph 4 have been met.

Amendment 401 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The Coordinating Authority of establishment shall, before requesting the issuance of a ~~detec~~n investigation order, carry out the ~~investigations and~~ assessments necessary to determine whether the conditions of paragraph 4 have been met.

Amendment 402 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – introductory part

Where the Coordinating Authority of establishment takes the preliminary view that the conditions of paragraph 4 have been met and the measures envisaged in the detection order are proportionate, it shall:

Amendment 403 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – introductory part

Where the Coordinating Authority of establishment takes the ~~preliminary~~ view that the conditions of paragraph 4 have been met, it shall:

Amendment 404 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point a

(a) establish a draft request for the issuance of a ~~detec~~n investigation order, specifying the factual and legal grounds upon which the request is based, the main elements of the content of the ~~detec~~investigation order it intends to request and the reasons for requesting it;

Amendment 405 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point b

(b) submit the draft request to the concerned provider and the EU Centre;

Amendment 406 #

~~(c) afford the provider an opportunity to comment on the draft request, within a reasonable time period set by that Coordinating Authority;~~deleted

Amendment 407 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point d

(d) invite the EU Centre to provide its opinion on the draft request, within a time period of ~~four~~two weeks from the date of receiving the draft request.

Amendment 408 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – introductory part

Where, having regard to the ~~comments of the provider and the~~ opinion of the EU Centre, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 ~~hav~~are met, it shall re~~-submit the draft request, adjusted where appropriate, to the provider. In that case,~~quest the judicial validation of the inquiry/investigation order from the competent judicial authority responsible for the issuing of such orders pursuant to paragraph 4. Upon receipt of judicial validation of the order, the Coordinating Authority shall submit the order, adjusted where appropriate, to the provider. Prior to requesting the judicial validation of the investigation order, the Coordinating Authority shall request the provider ~~shall~~to do all of the following, within a reasonable time period ~~set by that Coordinating Authority:~~ :

Amendment 409 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a

Amendment 410 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a

(a) draft an implementation plan setting out the incident that the authority intends to investigate, the measures it envisages taking to execute the intended ~~detec~~investigation order, including detailed information regarding the envisaged technologies and safeguards;

Amendment 411 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b

(b) where the draft implementation plan concerns an intended detection order concerning the solicitation of children other than the renewal of a previously issued detection order without any substantive changes, conduct a data protection impact assessment and a prior consultation procedure as referred to in Articles 35 and 36 of Regulation (EU) 2016/679, respectively, in relation to the measures set out in the implementation plan;

Amendment 412 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b

(b) where the draft implementation plan concerns an intended ~~detec~~investigation order concerning the solicitation of children other than the renewal of a previously issued ~~detec~~investigation order without any substantive changes, conduct a data protection impact assessment and a prior consultation procedure as referred to in Articles 35 and 36 of Regulation (EU) 2016/679, respectively, in relation to the measures set out in the implementation plan;

Amendment 413 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c

(c) where point (b) ~~applies, or where~~has revealed circumstances pointing to the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met, adjust the draft implementation plan, where necessary in view of the outcome of the data protection impact assessment and in order to take into account the opinion of the data protection authority provided in response to the prior consultation;

Amendment 414 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c

(c) where point (b) applies, or where the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met, adjust the draft implementation plan, where necessary in view of the outcome of the data protection impact assessment and in order to ~~take into~~utmost account of the opinion of the data protection authority provided in response to the prior consultation;

Amendment 415 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point d

(d) submit to that Coordinating Authority the implementation plan, where applicable attaching the opinion of the competent data protection authority and specifying how the implementation plan has been adjusted ~~in view~~to take full account of the outcome of the data protection impact assessment and of that opinion.

Amendment 416 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3

Where, having regard to the implementation plan of the provider and the opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the issuance of the detection, adjusted where appropriate, to the competent judicial ~~authority or independent administrative~~ authority. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.

Amendment 417 #

Where, having regard to the implementation plan of the provider and taking taking utmost account of the opinion of the data protection authority, that Coordinating Authority ~~continues to be~~is of the view that the conditions of paragraph 4 have met, it shall submit the request for the validation and issuance of the ~~detection~~investigation order, adjusted where appropriate, to the competent judicial ~~authority or independent administrative~~ authority. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.

Amendment 418 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3

Where, having regard to the implementation plan of the provider and the opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the issuance of the detection order, adjusted where appropriate, to the competent judicial ~~authority or independent administrative~~ authority. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.

Amendment 419 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part

The Coordinating Authority of establishment shall request the issuance of the detection order, and the competent judicial authority ~~or independent administrative authority~~ shall issue the detection order where it considers that the following conditions are met:

Amendment 420 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part

Amendment 421 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part

Based on a reasoned justification, The Coordinating Authority of establishment shall request the issuance of the ~~detec~~investigation order, and the competent judicial authority ~~or independent administrative authority~~ shall issue the ~~detec~~investigation order where it considers that the following conditions are met:

Amendment 422 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a

(a) there is evidence of a s~~ign~~pecific~~ant~~ risk of the service being used for the purpose of online child sexual abuse by one or more suspects , within the meaning of paragraphs 5, 6 and 7, as applicable;

Amendment 423 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b

(b) the reasons for issuing the detection order outweigh negative consequences for the rights and legitimate interests of all parties affected, including all users where the implementation plan would undermine the structure processing the interpersonal communications, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties.

Amendment 424 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b

(b) the ~~reasons for~~ issuing of the ~~detection order~~the investigation order is necessary and proportionate and outweighs negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties.

Amendment 425 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ, Sandro GOZI, Svenja HAHN

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b a (new)

(b a) The voluntary measures applied as mitigating measures have not proven successful in preventing the misuse of the service for child sexual abuse.

Amendment 426 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2

When assessing whether the conditions of the first subparagraph have been met, account shall be taken of all relevant facts and circumstances of the case at hand, in particular: (a) the risk assessment conducted or updated and any mitigation measures taken by the provider pursuant to Articles 3 and 4, including any mitigation measures introduced, reviewed, discontinued or expanded pursuant to Article 5(4) where applicable; (b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection order for all other parties affected; (c) the views and the implementation plan of the provider submitted in accordance with paragraph 3; (d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3.deleted

Amendment 427 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point a

(a) the risk assessment conducted or updated and any mitigation measures taken by the provider pursuant to Articles 3 and 4, including any mitigation measures introduced, reviewed, discontinued or expanded pursuant to Article 5(4) where applicable;deleted

Amendment 428 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point b

(b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection order for all other parties affected;deleted

Amendment 429 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point c

~~(c) the views and the implementation plan of the provider submitted in accordance with paragraph 3;~~deleted

Amendment 430 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point d

~~(d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3.~~deleted

Amendment 431 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3

As regards the second subparagraph, point (d), where that Coordinating Authority substantially deviates from the opinion of the EU Centre, it shall inform the EU Centre and the Commission thereof, specifying the points at which it deviated and the main reasons for the deviation.deleted

Amendment 432 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3

As regards the second subparagraph, point (d), where that Coordinating Authority substantially deviates from the opinion of the EU Centre, it shall inform the EU Centre and the Commission thereof, specifying in detail the points at which it deviated and the main reasons for the deviation.

Amendment 433 #

Proposal for a regulation
Article 7 – paragraph 5 – introductory part

5. As regards ~~detec~~investigation orders concerning the dissemination of known child sexual abuse material, the s~~ign~~pecific~~ant~~ risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met:

Amendment 434 #

Proposal for a regulation
Article 7 – paragraph 5 – introductory part

Amendment 435 #

Proposal for a regulation
Article 7 – paragraph 5 – point a

(a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is ~~used~~being used by the suspect or suspects, to an appreciable extent for the dissemination of known child sexual abuse material;

Amendment 436 #

Proposal for a regulation
Article 7 – paragraph 5 – point b

(b) there is evidence of the service~~, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order,~~ having been used in the past 12 months and to an appreciable extent for the dissemination of known child sexual abuse material.

Amendment 437 #

Proposal for a regulation
Article 7 – paragraph 5 – point b

(b) there is evidence of the service, ~~or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order,~~ having been used in the past 12 months ~~and to an appreciable extent~~by one or more suspects for the dissemination of known child sexual abuse material.

Amendment 438 #

Proposal for a regulation
Article 7 – paragraph 6

6. As regards detection orders concerning the dissemination of new child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: (a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the dissemination of new child sexual abuse material; (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the dissemination of new child sexual abuse material; (c) for services other than those enabling the live transmission of pornographic performances as defined in Article 2, point (e), of Directive 2011/93/EU: (1) a detection order concerning the dissemination of known child sexual abuse material has been issued in respect of the service; (2) the provider submitted a significant number of reports concerning known child sexual abuse material, detected through the measures taken to execute the detection order referred to in point (1), pursuant to Article 12.deleted

Amendment 439 #

Proposal for a regulation
Article 7 – paragraph 6 – introductory part

Amendment 440 #

Proposal for a regulation
Article 7 – paragraph 6 – point a

(a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the dissemination of new child sexual abuse material, including live stream and live transmission;

Amendment 441 #

Proposal for a regulation
Article 7 – paragraph 6 – point b

(b) there is evidence of the service~~, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order,~~ having been used in the past 12 months and to an appreciable extent, for the dissemination of new child sexual abuse material;

Amendment 442 #

Proposal for a regulation
Article 7 – paragraph 7

7. As regards detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: (a) the provider qualifies as a provider of interpersonal communication services; (b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the solicitation of children; (c) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the solicitation of children. The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user.deleted

Amendment 443 #

Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – introductory part

As regards detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall ~~be deemed to ex~~ariste where the following conditions are met:

Amendment 444 #

Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – point c

(c) there is evidence of the service~~, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order,~~ having been used in the past 12 months and to an appreciable extent, for the solicitation of children.

Amendment 445 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1

The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. To the greatest extent possible, the detection order should be targeted against users who can be reasonably suspected of distributing child sexual abuse material.

Amendment 446 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1

The Coordinating Authority of establishment when requesting the judicial validation and the issuance of ~~detec~~investigation orders, and the competent judicial ~~or independent administrative authority~~ when issuing the ~~detec~~investigation order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary ~~to effectively address the significant risk referred to in point (a) thereof~~and proportionate to obtain the information required to to effectively investigate the case, and collect the information required to assess the existence of a criminal offence.

Amendment 447 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1

The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial ~~or independent administrative~~ authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof.

Amendment 448 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1

The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial ~~or independent administrative authority~~ when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof.

Amendment 449 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2

To that ~~aim~~end, they shall take into account all relevant parameters, including the availability of sufficiently reliable ~~detection~~investigative technologies in that they limit to the maximum extent possible the rate of errors regarding the ~~detec~~investigation and their suitability and effectiveness for achieving the objectives of this Regulation, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures.

Amendment 450 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point b

(b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4), ~~(5)~~ and (65) are provided for;

Amendment 451 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Sandro GOZI

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point b a (new)

(ba) under no circumstances, shall the detection order require providers of interpersonal communications services to access the content of communications or make provision for methods to access these communications or to compromise their encryption;

Amendment 452 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1

The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date, within which the providers of hosting services and providers of interpersonal communications services shall prove that their service is no longer used for child sexual abuse.

Amendment 453 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1

The competent judicial authority ~~or independent administrative authority~~ shall specify in the detection order the period during which it applies, indicating the start date and the end date.

Amendment 454 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1

The competent judicial authority ~~or independent administrative authority~~ shall specify in the detection order the period during which it applies, indicating the start date and the end date.

Amendment 455 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1

The competent judicial authority ~~or independent administrative authority~~ shall specify in the ~~detec~~investigation order the period during which it applies, indicating the start date and the end date.

Amendment 456 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2

The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the ~~detection order. It shall not be earlier than three months from the date at which the provider received the detection order and not be later than 12 months from that date~~investigation order.

Amendment 457 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 3

The period of application of detection orders concerning the dissemination of known or new child sexual abuse material shall not exceed 24 months and that of detection orders concerning the solicitation of children shall not exceed 12 monthsinvestigation orders shall be proportionate, taking all relevant factors into account.

Amendment 458 #

~~[...]~~deleted

Amendment 459 #

Proposal for a regulation
Article 8 – title

Additional rules regarding ~~detec~~investigation orders

Amendment 460 #

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

1. The competent judicial authority ~~or independent administrative authority~~ shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include:

Amendment 461 #

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

Amendment 462 #

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

1. The competent judicial authority ~~or independent administrative authority~~ shall issue the ~~detec~~investigation orders referred to in Article 7 using the template set out in Annex I. ~~Detec~~Investigation orders shall include:

Amendment 463 #

Proposal for a regulation
Article 8 – paragraph 1 – point a

(a) information regarding the measures to be taken to execute the ~~detec~~investigation order, including the person, group of person or incident concerned, the temporal scope, the indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3) and, where applicable, any additional safeguards as referred to in Article 7(8);

Amendment 464 #

Proposal for a regulation
Article 8 – paragraph 1 – point b

(b) identification details of the competent judicial authority ~~or the independent administrative authority~~ issuing the detection order and authentication of the detection order by that judicial ~~or independent administrative~~ authority;

Amendment 465 #

Proposal for a regulation
Article 8 – paragraph 1 – point b

Amendment 466 #

Proposal for a regulation
Article 8 – paragraph 1 – point b

~~(b)~~ identification details of the ~~(b)~~ competent judicial authority ~~or the independent administrative authority~~ issuing the ~~detec~~investigation order and authentication of the ~~detec~~investigation order by that judicial ~~or independent administrative~~ authority;

Amendment 467 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ, Sandro GOZI, Svenja HAHN

Proposal for a regulation
Article 8 – paragraph 1 – point c

(c) the name of the provider and, where applicable, its legal representative, without prejudice to the issuance of detection orders where the legal name of the provider is not readily ascertained;

Amendment 468 #

Proposal for a regulation
Article 8 – paragraph 1 – point d

(d) the specific service in respect of which the ~~detec~~investigation order is issued and, where applicable, the part or component of the service affected as referred to in Article 7(8);

Amendment 469 #

Proposal for a regulation
Article 8 – paragraph 1 – point e

(e) whether the ~~detec~~investigation order issued concerns the dissemination of known or ~~new~~previously unknown child sexual abuse material or the solicitation of children;

Amendment 470 #

Proposal for a regulation
Article 8 – paragraph 1 – point f

(f) the start date and the end date of the ~~detec~~investigation order;

Amendment 471 #

Proposal for a regulation
Article 8 – paragraph 1 – point g

(g) a ~~sufficiently~~ detailed statement of reasons explaining why the ~~detec~~investigation order is issued;

Amendment 472 #

Proposal for a regulation
Article 8 – paragraph 1 – point h

(h) the factual and legal grounds justifying the issuing of the order, and a reference to this Regulation as the legal basis for the detection order;

Amendment 473 #

Proposal for a regulation
Article 8 – paragraph 1 – point i

(i) the date, time stamp and electronic signature of the judicial ~~or independent administrative~~ authority issuing the detection order;

Amendment 474 #

Proposal for a regulation
Article 8 – paragraph 1 – point i

(i) the date, time stamp and electronic signature of the judicial ~~or independent administrative authority~~ issuing the detection order;

Amendment 475 #

Proposal for a regulation
Article 8 – paragraph 1 – point i

(i) the date, time stamp and electronic signature of the judicial ~~or independent administrative~~ authority issuing the ~~detec~~investigation order;

Amendment 476 #

Proposal for a regulation
Article 8 – paragraph 1 – point j

(j) easily understandable information about the redress available to the addressee of the ~~detec~~investigation order, including information about redress to a court and about the time periods applicable to such redress.

Amendment 477 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

The competent judicial authority ~~or independent administrative authority~~ issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.

Amendment 478 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

Amendment 479 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

The competent judicial authority ~~or independent administrative authority~~ issuing the ~~detec~~investigation order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.

Amendment 480 #

The ~~detec~~investigation order shall be securely transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2).

Amendment 481 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 3

The ~~detec~~investigation order shall be drafted in the language declared by the provider pursuant to Article 23(3).

Amendment 482 #

Proposal for a regulation
Article 8 – paragraph 3

3. If the provider cannot execute the ~~detec~~investigation order because it contains ~~manifest errors~~errors , or it appears unnecessary or disproportionate, or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary correction or clarification to the Coordinating Authority of establishment, using the template set out in Annex II.

Amendment 483 #

Proposal for a regulation
Article 8 a (new)

Article 8 a Scope of preservation orders Investigation orders may require the expedited preservation by the provider, insofar as the data is under their control, of one or more of the following, including new data generated after issuance of the order, as part of a planned or current law enforcement operation; a) Traffic data: i) Pseudonyms, screen names or other identifiers used by the subject(s) of the investigation; ii) Network identifiers, such as IP addresses, port numbers, or MAC addresses used by, or associated with, the subject(s) of the investigation; iii) Any other traffic data, including metadata, of any activity linked to subject(s) of the investigation; b) Content data: i) Copies of any data uploaded, downloaded or otherwise communicated by the subject(s) of the investigation; 2. Access to the data shall be made available to law enforcement authorities on the basis of the national law of the country of establishment of the provider. 3. The provider shall inform all users concerned of the investigation order, unless the issuing authority instructs it, on the basis of a reasoned opinion, not to do so. 4. Investigation orders may require providers to provide support for law enforcement authorities. Such support shall be technically feasible, clearly defined, subject to specific judicial oversight, necessary proportionate and respect the fundamental rights of all parties involved.

Amendment 484 #

Proposal for a regulation
Article 8 c (new)

Article 8 c Notification mechanism 1. Providers of hosting services and providers of interpersonal communication services shall establish mechanisms that allow users to notify to them the presence on their service of specific items or activities that the user considers to be potential child sexual abuse material, in particular previously unknown child sexual abuse material and solicitation of children. Those mechanisms shall be easy to access and user-friendly, child-friendly and shall allow for the submission of notices exclusively by electronic means. 2. Where the notice contains the electroni c contact information of the user who submitted it , the provider shall without undue delay send a confirmation or receipt to the user. 3. Providers shall ensure that such notices are processed without undue delay.

Amendment 485 #

Proposal for a regulation
Article 9

~~[...]~~deleted

Amendment 486 #

Proposal for a regulation
Article 9 – title

Redress, information, reporting and modification of ~~detec~~investigation orders

Amendment 487 #

Proposal for a regulation
Article 9 – paragraph 1

1. Providers of hosting services and providers of publicly available number- independent interpersonal communications services that have received a ~~detec~~investigation order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the ~~detec~~investigation order before the courts of the Member State of the competent judicial authority ~~or independent administrative authority~~ that issued the ~~detec~~investigation order.

Amendment 488 #

Proposal for a regulation
Article 9 – paragraph 1

1. Providers of hosting services and providers of interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority ~~or independent administrative authority~~ that issued the detection order.

Amendment 489 #

Proposal for a regulation
Article 9 – paragraph 1 a (new)

1a. Exercising the right to recourse under paragraph 1 shall suspend execution of the detection order.

Amendment 490 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1

When the detection order becomes final, the competent judicial authority ~~or independent administrative authority~~ that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).

Amendment 491 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1

Amendment 492 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1

When the ~~detec~~investigation order becomes final, the competent judicial authority ~~or independent administrative authority~~ that issued the ~~detec~~investigation order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).

Amendment 493 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2

For the purpose of the first subparagraph, a ~~detec~~n investigation order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the ~~detec~~investigation order following an appeal.

Amendment 494 #

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1

Where the period of application of the ~~detec~~investigation order exceeds 12 months, or six months in the case of a ~~detec~~investigation order concerning the solicitation of children, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the ~~detec~~investigation order at least once, halfway through the period of application.

Amendment 495 #

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2

Those reports shall include a detailed description of the measures taken to execute the ~~detec~~investigation order, including the safeguards provided, and information on the functioning in practice of those measures, ~~in particular on their effectiveness in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable,~~ and on the consequences of those measures for the rights and legitimate interests of all parties affected.

Amendment 496 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

In respect of the ~~detec~~investigation orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the significant risk identified at the time of the issuance of the ~~detec~~investigation order.

Amendment 497 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

In respect of the detection orders that the competent judicial authority ~~or independent administrative authority~~ issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the significant risk identified at the time of the issuance of the detection order.

Amendment 498 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Amendment 499 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

That Coordinating Authority shall request to the competent judicial authority ~~or independent administrative authority~~ that issued the detection order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis.

Amendment 500 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

Amendment 501 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

That Coordinating Authority shall request to the competent judicial authority ~~or independent administrative authority~~ that issued the ~~detec~~investigation order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis.

Amendment 502 #

Proposal for a regulation
Article 10

~~[...]~~deleted

Amendment 503 #

Proposal for a regulation
Article 10

~~[...]~~deleted

Amendment 504 #

Proposal for a regulation
Article 10 – paragraph 1

1. Providers of hosting services and providers of publicly available number- independent interpersonal communication services that have received a ~~detec~~n investigation order shall execute it ~~by installing and operating technologies to detect~~to collect evidence on the dissemination of known or ~~new~~previously unknown child sexual abuse material or the solicitation of children, as applicable, using ~~the corresponding indicators provided~~, if necessary specific technologies approved for this purpose by the EU Centre in accordance with Article 46.

Amendment 505 #

Proposal for a regulation
Article 10 – paragraph 2

Amendment 506 #

Proposal for a regulation
Article 10 – paragraph 3 – introductory part

3. The technologies specified in the investigation orders shall be:

Amendment 507 #

Proposal for a regulation
Article 10 – paragraph 3 – point a

(a) effective in ~~det~~collecting evidence on the dissemination of ~~known or new~~ child sexual abuse material ~~or the solicitation of children~~, as applicable;

Amendment 508 #

Proposal for a regulation
Article 10 – paragraph 3 – point b

(b) not be able to extract any other information from the relevant communications than the information strictly necessary to ~~detect,~~investigate , including using the indicators referred to in paragraph 1, patterns pointing to the dissemination of known or ~~new~~previously unknown child sexual abuse material or the solicitation of children, as applicable;

Amendment 509 #

Proposal for a regulation
Article 10 – paragraph 3 – point b a (new)

(ba) respect the confidentiality of communications enshrined in Article 7 of the Charter of Fundamental Rights of the European Union and Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

Amendment 510 #

Proposal for a regulation
Article 10 – paragraph 3 – point c

(c) in accordance with the technological state of the art ~~in the industry~~ and the least intrusive in terms of the impact on the users’ rights to private and family life, including the confidentiality of communication, and to protection of personal data;

Amendment 511 #

Proposal for a regulation
Article 10 – paragraph 3 – point d

(d) sufficiently reliable, in that they limit to the maximum extent possible the rate of errors regarding the ~~detec~~investigation.

Amendment 512 #

Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)

(d a) effective in setting up a reliable age-based filter that verifies the age of users and effectively prevents the access of child users to websites subject to online child sexual abuse, and child sexual abuse offenses.

Amendment 513 #

Proposal for a regulation
Article 10 – paragraph 4 – introductory part

4. The ~~provider~~issuing authority shall:

Amendment 514 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ, Svenja HAHN

Proposal for a regulation
Article 10 – paragraph 4 – point a

(a) take all the necessary measures to ensure that the technologies ~~and indicators, as well as the processing of personal data and other data in connection thereto, are used~~specified in investigation orders and indicators, are proportionate for the ~~sole~~ purpose of ~~detec~~investigating the dissemination of ~~known or new~~ child sexual abuse material or the solicitation of children, a~~s applicable, insofar as~~nd strictly necessary to execute the ~~detec~~investigation orders ~~addressed to them~~they issue ;

Amendment 515 #

Proposal for a regulation
Article 10 – paragraph 4 – point a

(a) take all the necessary and proportionate measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly limited to what is necessary to execute the detection orders addressed to them;

Amendment 516 #

Proposal for a regulation
Article 10 – paragraph 4 – point b

(b) ~~establish effective~~include in investigation orders specific internal procedures for providers to prevent and, where necessary, detect and remedy any misuse of the technologies, indicators and personal data and other data referred to in point (a), including unauthorized access to, and unauthorised transfers of, such personal data and other data;

Amendment 517 #

Proposal for a regulation
Article 10 – paragraph 4 – point c

(c) include in investigation orders specific obligations on providers to ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors and potential solicitation of children are detected, human intervention;

Amendment 518 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ

Proposal for a regulation
Article 10 – paragraph 4 – point c

(c) ensure regular human oversight as necessary to ensure that the technologies operate ~~in a sufficiently reliable manner~~ and, where necessary, in particular when potential errors and potential solicitation of children are detected, human intervention;

Amendment 519 #

Proposal for a regulation
Article 10 – paragraph 4 – point c a (new)

(c a) ensure privacy and safety by design and by default and, where applicable, the protection of encryption.

Amendment 520 #

Proposal for a regulation
Article 10 – paragraph 4 – point d

(d) establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of ~~its~~providers’ obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies~~, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users,~~ and process such complaints in an objective, effective and timely manner;

Amendment 521 #

Proposal for a regulation
Article 10 – paragraph 4 – point d

(d) establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, the refusal of removal, especially of self-generated CSAM, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner;

Amendment 522 #

Catharina RINZEMA, Morten LØKKEGAARD, Sandro GOZI

Proposal for a regulation
Article 10 – paragraph 4 – point e

(e) inform the Coordinating Authority, as appropriate, at the latest one month before the start date specified in the ~~detec~~investigation order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3);

Amendment 523 #

Proposal for a regulation
Article 10 – paragraph 4 – point e a (new)

(e a) Ensure safety-by-design tools such as parental controls tool and effective age verification tools.

Amendment 524 #

Proposal for a regulation
Article 10 – paragraph 4 – point e a (new)

(e a) ensure privacy and safety by design and by default and, where applicable, the protection of encryption;

Amendment 525 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point a

(a) the fact that it operates technologies to detect online child sexual abuse to execute the detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications;deleted

Amendment 526 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point b

~~(b) the fact that it is required to report potential online child sexual abuse to the EU Centre in accordance with Article 12;~~deleted

Amendment 527 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2

TExcept insofar as is necessary to satisfy the information requirements set out in this paragraph, the provider shall not provide information to users that may reduce the effectiveness of the measures to execute the detection order.

Amendment 528 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2

The provider shall not provide information to users that may reduce the effectiveness of the measures to execute the ~~detec~~investigation order.

Amendment 529 #

Proposal for a regulation
Article 10 – paragraph 6

6. Where a provider detects potential online child sexual abuse through the measures taken to execute the detection order, it shall inform the users concerned without undue delay, after Europol or the national law enforcement authority of a Member State that received the report pursuant to Article 48 has confirmed that the information to the users would not interfere with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.deleted

Amendment 530 #

Proposal for a regulation
Article 11

Guidelines regarding detection The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used.Article 11 deleted obligations

Amendment 531 #

Proposal for a regulation
Article 11 – title

Guidelines regarding ~~detec~~investigation obligations

Amendment 532 #

Proposal for a regulation
Article 11 – paragraph 1

The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue ~~guideline~~delegated acts on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used.

Amendment 533 #

Proposal for a regulation
Article 12 – paragraph 1

1. Where a provider of hosting services or a provider of interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report thereon to the EU Centre in accordance with Article 13publicly available number-independent interpersonal communications services has actual knowledge of alleged online child sexual abuse on its services in any manner other than through a removal order issued in accordance with this Regulation, it shall promptly submit using state of the art encryption a report to the EU Centre in accordance with Article 13 and shall expeditiously remove such content , once the EU Centre confirms this will not prejudice an ongoing investigation . It shall do so through the system established in accordance with Article 39(2).

Amendment 534 #

Proposal for a regulation
Article 12 – paragraph 1

Amendment 535 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ, Sandro GOZI, Svenja HAHN

Proposal for a regulation
Article 12 – paragraph 1 a (new)

1 a. Where a provider of hosting services or a provider of interpersonal communications services receives a report by the public through, among others, trusted hotline, it shall process and analyse the report in a timely and effective manner as to assess an imminent risk of miuse of the service for child child sexual abuse, without prejudice to the obligation to report to the EU centre pursuant paragraph 1.

Amendment 536 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

Where the provider submits a report pursuant to paragraph 1, it shall ~~inform the user concerned, providing~~request authorisation from the EU Centre to inform the user concerned, , which shall reply without undue delay, at maximum within two days. The notification to the user shall include information on the main content of the report, on the manner in which the provider has become aware of the ~~potential~~alleged child sexual abuse concerned, on the follow-up given to the report insofar as such information is available to the provider and on the user’s possibilities of redress, including on the right to submit complaints to the Coordinating Authority in accordance with Article 34.

Amendment 537 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

The provider shall inform the user concerned without undue delay, either after having received a communication from the EU Centre indicating that it considers the report to be manifestly unfounded as referred to in Article 48(2), or after the expiry of a time period of three months from the date of the report without having received a communication from the EU Centre indicating that the information is not to be provided as referred to in Article 48(6), point (a), whichever occurs first.deleted

Amendment 538 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3

Where within the three months’ time period referred to in the second subparagraph the provider receives such a communication from the EU Centre indicating that the information is not to be provided, it shall inform the user concerned, without undue delay, after the expiry of the time period set out in that communication.deleted

Amendment 539 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ, Sandro GOZI, Svenja HAHN

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2 a. The report submitted by the provider pursuant paragrah 2, shall never contain information about the source of the report, especially when this stems from the person to whom the material relates.

Amendment 540 #

Proposal for a regulation
Article 12 – paragraph 3

3. ~~The~~All providers shall establish and operate an easily found, accessible, age- appropriate and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service. Those mechanisms shall allow for the submission of notices anonymously and exclusively by electronic means and for a clear indication of the exact electronic location of that information.

Amendment 541 #

Proposal for a regulation
Article 12 – paragraph 3

3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service, including child-friendly mechanisms of self- generated content self-reporting.

Amendment 542 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ, Sandro GOZI

Proposal for a regulation
Article 12 – paragraph 3

3. The provider shall establish and operate an accessible, effective, age- appropriate and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service.

Amendment 543 #

Proposal for a regulation
Article 12 – paragraph 3

3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to easily flag to the provider potential online child sexual abuse on the service.

Amendment 544 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. Providers of hosting services and providers of publicly available number- independent interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include:

Amendment 545 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

Amendment 546 #

Proposal for a regulation
Article 13 – paragraph 1 – point d

(d) a list of all available data other than content data related to the potential online child sexual abuse preserved in line with the preservation order in Article 8a;

Amendment 547 #

Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)

(d a) a list of all traffic data and metadata retained in relation to the potential online child sexual abuse, which could be made available to law enforcement authorities, together with information concerning default storage periods.

Amendment 548 #

Proposal for a regulation
Article 13 – paragraph 1 – point e

~~(e) whether the potential online child sexual abuse concerns the dissemination of known or new child sexual abuse material or the solicitation of children;~~deleted

Amendment 549 #

Proposal for a regulation
Article 13 – paragraph 1 – point f

~~(f) information concerning the geographic location related to the potential online child sexual abuse, such as the Internet Protocol address;~~deleted

Amendment 550 #

Proposal for a regulation
Article 13 – paragraph 1 – point g

~~(g) information concerning the identity of any user involved in the potential online child sexual abuse;~~deleted

Amendment 551 #

Proposal for a regulation
Article 13 – paragraph 1 – point i

(i) where the ~~potential~~alleged online child sexual abuse concerns the dissemination of known or ~~new~~previously unknown child sexual abuse material, whether the provider has removed or disabled access to the material;

Amendment 552 #

Proposal for a regulation
Article 13 – paragraph 1 – point j

(j) ~~whether the provider considers~~an indication that the report requires urgent action;

Amendment 553 #

Proposal for a regulation
Article 14 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse materialRemoval orders shall be issued by judicial authorities in line with Article 9 on Orders to act against illegal content of the Regulation (EU) 2022/2065.

Amendment 554 #

Proposal for a regulation
Article 14 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it ~~or another independent administrative authority of that Member State~~ to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material.

Amendment 555 #

Proposal for a regulation
Article 14 – paragraph 1 a (new)

1 a. Before issuing a removal order, the Coordinating Authority of establishment shall take all reasonable steps to ensure that implementing the order will not interfere with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.

Amendment 556 #

Proposal for a regulation
Article 14 – paragraph 2

~~2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof.~~deleted

Amendment 557 #

Proposal for a regulation
Article 14 – paragraph 2

2. The provider shall execute the removal order as soon as possible and in any event within no more than 24 hours of receipt thereof.

Amendment 558 #

Proposal for a regulation
Article 14 – paragraph 3 – introductory part

3. The competent judicial authority ~~or the independent administrative authority~~ shall issue a removal order using the template set out in Annex IV. Removal orders shall include:

Amendment 559 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ, Sandro GOZI

Proposal for a regulation
Article 14 – paragraph 3 – point a

(a) identification details of the judicial ~~or independent administrative~~ authority issuing the removal order and authentication of the removal order by that authority;

Amendment 560 #

Proposal for a regulation
Article 14 – paragraph 3 – point b

(b) the name of the provider and, where applicable, of its legal representative, without prejudice to the issuance of removal orders where the legal name of the provider is not readily ascertained;

Amendment 561 #

Proposal for a regulation
Article 14 – paragraph 3 – point c

~~(c) the specific service for which the removal order is issu~~deleted;

Amendment 562 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Sandro GOZI

Proposal for a regulation
Article 14 – paragraph 3 – point h

(h) the date, time stamp and electronic signature of the judicial ~~or independent administrative~~ authority issuing the removal order;

Amendment 563 #

Proposal for a regulation
Article 14 – paragraph 3 a (new)

3 a. Providers of hosting services or providers of interpersonal communication services shall be encouraged to extend the effect of the order regarding one or more specific items of material, referred to in paragraph 1, to any provider or services under their control and promptly inform the Coordinating Authority of establishment of this specific measure.

Amendment 564 #

Proposal for a regulation
Article 15 – paragraph 1

1. Providers of hosting services that have received a removal order issued in accordance with Article 14, as well as the users who provided the material, shall have the right to an effective redress. That right shall include the right to challenge such a removal order before the courts of the Member State of the competent judicial authority ~~or independent administrative authority~~ that issued the removal order.

Amendment 565 #

Proposal for a regulation
Article 15 – paragraph 1 a (new)

1 a. If the order is modified or repealed as a result of a redress procedure, the provider shall immediately reinstate the material or access thereto or take other necessary measures.

Amendment 566 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

When the removal order becomes final, the competent judicial authority ~~or independent administrative authority~~ that issued the removal order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).

Amendment 567 #

Proposal for a regulation
Article 15 – paragraph 3 – point b

(b) the reasons for the removal or disabling, providing a copy of the removal order ~~upon the user’s request~~;

Amendment 568 #

Proposal for a regulation
Article 15 – paragraph 4

4. The Coordinating Authority of establishment may request, when requesting the judicial authority or independent administrative authority issuing the removal order, and after having consulted with relevant public authorities, that the provider is not to disclose any information regarding the removal of or disabling of access to the child sexual abuse material, where and to the extent necessary to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences. In such a case: (a) the judicial authority or independent administrative authority issuing the removal order shall set the time period not longer than necessary and not exceeding six weeks, during which the provider is not to disclose such information; (b) the obligations set out in paragraph 3 shall not apply during that time period; (c) that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period. That judicial authority or independent administrative authority may decide to extend the time period referred to in the second subparagraph, point (a), by a further time period of maximum six weeks, where and to the extent the non- disclosure continues to be necessary. In that case, that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period. Article 14(3) shall apply to that decision.deleted

Amendment 569 #

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1

The Coordinating Authority of establishment may request, when requesting the judicial authority ~~or independent administrative authority~~ issuing the removal order, and after having consulted with relevant public authorities, that the provider is not to disclose any information regarding the removal of or disabling of access to the child sexual abuse material, where and to the extent necessary to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.

Amendment 570 #

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point a

(a) the judicial authority ~~or independent administrative authority~~ issuing the removal order shall set the time period not longer than necessary and not exceeding six weeks, during which the provider is not to disclose such information;

Amendment 571 #

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point c

(c) that judicial authority ~~or independent administrative authority~~ shall inform the provider of its decision, specifying the applicable time period.

Amendment 572 #

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 3

That judicial authority ~~or independent administrative authority~~ may decide to extend the time period referred to in the second subparagraph, point (a), by a further time period of maximum six weeks, where and to the extent the non-disclosure continues to be necessary. In that case, that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period. Article 14(3) shall apply to that decision.

Amendment 573 #

Proposal for a regulation
Article 15 a (new)

Article 15 a Delisting orders 1. The competent authority shall have the power to issue an order requiring a provider of online search engines under the jurisdiction of that Member State to take reasonable measures to delist a Uniform Resource Locator corresponding to online locations where child sexual abuse material can be found from appearing in search results. 2. The provider shall execute the delisting order without undue delay. The provider shall take the necessary measures to ensure that it is capable of reinstating the Uniform Resource Locator to appear in search results. 3. Before issuing a delisting order, the issuing authority shall inform the provider, if necessary via the Coordinating Authority, of its intention to do so specifying the main elements of the content of the intended delisting order and the reasons for its intention. It shall afford the provider an opportunity to comment on that information, within a reasonable time period set by that authority. 4. A delisting order shall be issued where the following conditions are met: (a) the delisting is necessary to prevent the dissemination of the child sexual abuse material in the Union, having regard in particular to the need to protect the rights of the victims; (b) all necessary investigations and assessments, including of search results, have been carried out to ensure that the Uniform Resource Locator to be delisted correspond, in a sufficiently reliable manner, to online locations where child sexual abuse material can be found. 5. The issuing authority shall specify in the delisting order the period during which it applies, indicating the start date and the end date. The period of application of delisting orders shall not exceed five years. 6. The Coordinating Authority or the issuing authority shall, where necessary and at least once every year, assess whether any substantial changes to the grounds for issuing the delisting orders have occurred and whether the conditions of paragraph 4 continue to be met.

Amendment 574 #

Proposal for a regulation
Article 15 b (new)

Article 15 b Redress and provision of information 1. Providers of online search engines that have received a delisting order shall have a right to effective redress. That right shall include the right to challenge the delisting order before the courts of the Member State of the authority that issued the delisting order. 2. If the order is modified or repealed as a result of a redress procedure, the provider shall immediately reinstate the delisted Uniform Resource Locator to appearing in search results. 3. When the delisting order becomes final, the issuing authority shall, without undue delay, transmit a copy thereof to the Coordinating Authority. The Coordinating Authority shall then, without undue delay, transmit copies thereof to all other Coordinating Authorities and the EU Centre through the system established in accordance with Article 39(2). For the purpose of the first subparagraph, a delisting order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the delisting order following an appeal. 4. Where a provider prevents users from obtaining search results for child sexual abuse material corresponding to Uniform Resource Locator pursuant to a delisting order, it shall take reasonable measures to inform those users of the following: (a) the fact that it does so pursuant to a delisting order; (b) the right of providers of delisted Uniform Resource Locators corresponding to blocked online locations to judicial redress referred to in paragraph 1 and the users’ right to submit complaints to the Coordinating Authority in accordance with Article 34.

Amendment 575 #

Proposal for a regulation
Article 19

Amendment 576 #

Proposal for a regulation
Article 19 – paragraph 1

Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation~~, in particular activities~~. They shall also not be liable for carrying out, in good faith and in accordance with Article 4, voluntary measures and activities, in particular those aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with th~~ose requirements~~is Regulation.

Amendment 577 #

Proposal for a regulation
Article 19 – paragraph 1

PThe carrying out, in good faith, by providers of relevant information society services ~~shall not be liable for child sexual abuse offences solely because they carry out, in good faith,~~, of the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements, cannot be classified as child sexual abuse offences.

Amendment 578 #

Proposal for a regulation
Article 21 – paragraph 1

1. Providers of hosting services and where applicable cloud computing services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider.

Amendment 579 #

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1

Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services and where applicable cloud computing services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them.

Amendment 580 #

Proposal for a regulation
Article 25 – paragraph 5

5. Each Member State shall ensure that a contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters ~~related to the application and enforcement of this Regulation in that Member State~~contributing to the achievements of the objective of this Regulation in that Member State , including for trusted organisations providing assistance to victims and providing education and awareness raising. Member States shall make the information on the contact point publicly available and communicate it to the EU Centre. They shall keep that information updated.

Amendment 581 #

Proposal for a regulation
Article 25 – paragraph 5

5. Each Member State shall ensure that a contact point is designated or established within the Coordinating Authority’s office to efficiently handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation in that Member State. Member States shall make the information on the contact point publicly available and communicate it to the EU Centre. They shall keep that information updated.

Amendment 582 #

Proposal for a regulation
Article 25 – paragraph 7 – introductory part

7. Coordinating Authorities may, where necessary for the performance of their tasks under this Regulation, request the assistance of the EU Centre in carrying out those tasks~~, in particular by requesting the EU Centre to:~~

Amendment 583 #

Proposal for a regulation
Article 25 – paragraph 7 – point a

~~(a) provide certain information or technical expertise on matters covered by this Regulation;~~deleted

Amendment 584 #

Proposal for a regulation
Article 25 – paragraph 7 – point b

(b) assist in assessing, in accordance with Article 5(2), the risk assessment conducted or updated or the mitigation measures taken by a provider of hosting or interpersonal communication services under the jurisdiction of the Member State that designated the requesting Coordinating Authority;deleted

Amendment 585 #

Proposal for a regulation
Article 25 – paragraph 7 – point c

(c) verify the possible need to request competent national authorities to issue a detection order, a removal order or a blocking order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority;deleted

Amendment 586 #

Proposal for a regulation
Article 25 – paragraph 7 – point d

~~(d) verify the effectiveness of a detection order or a removal order issued upon the request of the requesting Coordinating Authority.~~deleted

Amendment 587 #

Proposal for a regulation
Article 25 – paragraph 8

8. The EU Centre shall provide such assistance without undue delay, free of charge and in accordance with its tasks and obligations under this Regulation and insofar as its resources and priorities allow.

Amendment 588 #

Proposal for a regulation
Article 25 – paragraph 8

8. The EU Centre shall provide such assistance free of charge and in accordance with its tasks and obligations under this Regulation ~~and insofar as its resources and priorities allow~~.

Amendment 589 #

Proposal for a regulation
Article 26 – paragraph 1

Amendment 590 #

Proposal for a regulation
Article 26 – paragraph 2 – introductory part

2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the ~~Coordinating Authorities shall act with complete independence. To that aim, Member States shall ensure, in particular, that they~~Member States shall ensure that the Coordinating Authorities:

Amendment 591 #

Proposal for a regulation
Article 26 – paragraph 2 – point a

~~(a) are legally and functionally independent from any other public authority;~~deleted

Amendment 592 #

Proposal for a regulation
Article 26 – paragraph 2 – point a

~~(a) are legally and functionally independent from any other public authority;~~deleted

Amendment 593 #

Proposal for a regulation
Article 26 – paragraph 2 – point d

(d) neither seek nor take instructions from any ~~other public authority or any~~ private party;

Amendment 594 #

Proposal for a regulation
Article 26 – paragraph 2 – point e

~~(e) are not charged with tasks relating to the prevention or combating of child sexual abuse, other than their tasks under this Regulation.~~deleted

Amendment 595 #

Proposal for a regulation
Article 26 – paragraph 2 – point e

~~(e) are not charged with tasks relating to the prevention or combating of child sexual abuse, other than their tasks under this Regulation.~~deleted

Amendment 596 #

Proposal for a regulation
Article 26 – paragraph 3

3. Paragraph 2 shall not prevent supervision of the Coordinating Authorities in accordance with national constitutional law, to the extent that such supervision does not affect their independence as required under this Regulation.deleted

Amendment 597 #

Proposal for a regulation
Article 26 – paragraph 3

3. Paragraph 2 shall not prevent supervision of the Coordinating Authorities in accordance with national constitutional law~~, to the extent that such supervision does not affect their independence as required under this Regulation~~ or from coordination with public authorities relevant to combat child sexual materials.

Amendment 598 #

Proposal for a regulation
Article 26 – paragraph 4

4. The Coordinating Authorities shall ensure that relevant members of staff have the required qualifications, experience, integrity and technical skills to perform their duties.

Amendment 599 #

Proposal for a regulation
Article 26 – paragraph 5

5. Without prejudice to national or Union legislation on whistleblower protection, The management and other staff of the Coordinating Authorities shall, in accordance with Union or national law, be subject to a duty of professional secrecy both during and after their term of office, with regard to any confidential information which has come to their knowledge in the course of the performance of their tasks. Member States shall ensure that the management and other staff are subject to rules guaranteeing that they can carry out their tasks in an objective, impartial and independent manner, in particular as regards their appointment, dismissal, remuneration and career prospects.

Amendment 600 #

Proposal for a regulation
Article 27 – paragraph 1 – point a

(a) the power to require those providers, as well as any other persons acting for purposes related to their trade, business, craft or profession that may reasonably be aware of information relating to a suspected infringement of this Regulation, to provide such information within a reasonable time period, excluding content protected by confidentiality of correspondence for which authorisation by a judicial authority is required;

Amendment 601 #

Proposal for a regulation
Article 27 – paragraph 1 – point b

(b) the power to carry out on-site inspections of any premises that those providers or the other persons referred to in point (a) use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement of this Regulation in any form, irrespective of the storage medium, excluding content protected by confidentiality of correspondence for which authorisation by a judicial authority is required;

Amendment 602 #

Proposal for a regulation
Article 27 – paragraph 1 – point b

(b) the power to carry out remote or on-site inspections of any premises that those providers or the other persons referred to in point (a) use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement of this Regulation in any form, irrespective of the storage medium;

Amendment 603 #

Proposal for a regulation
Article 27 – paragraph 1 – point d

(d) the power to request information, ~~including to assess whether the measures taken to execute a detection order, removal order or blocking order comply~~to assess the compliance with the requirements of this Regulation.

Amendment 604 #

Proposal for a regulation
Article 28 – paragraph 1 – point b

(b) the power to order specific measures to bring about the cessation of infringements of this Regulation and, where appropriate, to impose remedies proportionate to the infringement and necessary to bring the infringement effectively to an end;

Amendment 605 #

Proposal for a regulation
Article 29 – paragraph 1 – point b

(b) the infringement persists and;

Amendment 606 #

Proposal for a regulation
Article 29 – paragraph 2 – point a – point i

(i) adopt and submit an action plan setting out the necessary measures to terminate the infringement , subject to the approval of the Coordinating Authority;

Amendment 607 #

Proposal for a regulation
Article 29 – paragraph 2 – point b – introductory part

(b) request the competent judicial authority ~~or independent administrative authority~~ of the Member State that designated the Coordinating Authority to order the temporary restriction of access of users of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider on which the infringement takes place, where the Coordinating Authority considers that:

Amendment 608 #

Proposal for a regulation
Article 29 – paragraph 2 – point b – point ii

(ii) the infringement persists and causes serious harm that is greater than the likely harm to users relying on the service for legal purposes and;

Amendment 609 #

Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 3 – point a

(a) the provider has failed to take ~~the~~ necessary and proportionate measures to terminate the infringement;

Amendment 610 #

Proposal for a regulation
Article 30 – paragraph 2

2. Member States shall ensure that any exercise of the investigatory and enforcement powers referred to in Articles 27, 28 and 29 is subject to adequate safeguards laid down in the applicable national law to respect the fundamental rights of all parties affected. In particular, those measures shall ~~only~~be targeted and precise, be taken in accordance with the right to respect for private life and the rights of defence, including the rights to be heard and of access to the file, and subject to the right to an effective judicial remedy of all parties affected.

Amendment 611 #

Proposal for a regulation
Article 31 – paragraph 1

Coordinating Authorities shall have the power to carry out searches on publicly accessible material on hosting services to detect the dissemination of known or new child sexual abuse material, using the indicators contained in the databases referred to in Article 44(1), points (a) and (b), where necessary to verify whether the providers of hosting services under the jurisdiction of the Member State that designated the Coordinating Authorities comply with their obligations under this Regulation.

Amendment 612 #

Proposal for a regulation
Article 32

Notification of known child sexual abuse Coordinating Authorities shall have the power to notify providers of hosting services under the jurisdiction of the Member State that designated them of the presence on their service of one or more specific items of known child sexual abuse material and to request them to remove or disable access to that item or those items, for the providers’ voluntary consideration. The request shall clearly set out the identification details of the Coordinating Authority making the request and information on its contact point referred to in Article 25(5), the necessary information for the identification of the item or items of known child sexual abuse material concerned, as well as the reasons for the request. The request shall also clearly state that it is for the provider’s voluntary consideration.Article 32 deleted material

Amendment 613 #

Proposal for a regulation
Article 32 a (new)

Article 32 a Public awareness campaigns Coordinating authorities shall in cooperation with the EU Center regularly carry out public awareness campaigns to inform about measures to prevent and combat child sexual abuse online and offline and how to seek child-fiendly and age appropriate reporting and assistance and to inform about victims rights.

Amendment 614 #

Proposal for a regulation
Article 34 – paragraph 2 a (new)

2a. Where national law does not grant a minor the legal capacity to lodge a complaint, his or her legal representative may do so on his or her behalf.

Amendment 615 #

Proposal for a regulation
Article 35 – paragraph 2

2. Member States shall ensure that the maximum amount of penalties imposed for an infringement of this Regulation shall not exceed 6 % of the annual ~~income or global~~worldwide turnover of the preceding business year of the provider.

Amendment 616 #

Proposal for a regulation
Article 35 – paragraph 3

3. Penalties for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information or to submit to an on-site inspection shall not exceed 1% of the annual income or ~~global~~worldwide turnover of the preceding business year of the provider or the other person referred to in Article 27.

Amendment 617 #

Proposal for a regulation
Article 35 – paragraph 4

4. Member States shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily ~~global~~worldwide turnover of the provider or the other person referred to in Article 27 in the preceding financial year per day, calculated from the date specified in the decision concerned.

Amendment 618 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – introductory part

Coordinating Authorities shall submit to the EU Centre, without undue delay and through the system established in accordance with Article 39(2), the evidence gathered through the procedures provided for in this Regulation:

Amendment 619 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point a

(a) anonymised specific items of material and transcripts of conversations related to a specific person, specific group of people,or specific incident that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material or the solicitation of children, as applicable, for the EU Centre to generate indicators in accordance with Article 44(3);

Amendment 620 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point b

(b) exact uniform resource locators indicating specific items of material related to a specific person, specific group of people,or specific incident that Coordinating Authorities or that competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, hosted by providers of hosting services not offering services in the Union, that cannot be removed due to those providers’ refusal to remove or disable access thereto and to the lack of cooperation by the competent authorities of the third country having jurisdiction, for the EU Centre to compile ~~the~~a public list of ~~uniform resource locators in accordance with Article 44(3)~~states that facilitate crimes against children by not ensuring expeditious removal of child sexual abuse material.

Amendment 621 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 2

Member States shall take the necessary measures to ensure that the Coordinating Authorities that they designated receive, without undue delay,the encrypted copies of the material identified as child sexual abuse material, the transcripts of conversations related to a specific person, specific group of people,or specific incident identified as the solicitation of children, and the uniform resource locators, identified by a competent judicial authority or other independent administrative authority than the Coordinating Authority, for submission to the EU Centre in accordance with the first subparagraph.

Amendment 622 #

Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2

Where ~~the Commission has reason~~, in the reasoned opinion of the Commission , there are grounds to suspect that a provider of relevant information society services infringed this Regulation in a manner ~~involv~~causing harm ing at least three Member States, it may recommend that the Coordinating Authority of establishment assess the matter ~~and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation~~.

Amendment 623 #

Proposal for a regulation
Article 37 – paragraph 2 – point c

(c) any other information that the Coordinating Authority that sent the request, or the Commission, considers relevant, including, where appropriate, information gathered on its own initiative ~~and suggestions for specific investigatory or enforcement measures to be taken~~.

Amendment 624 #

Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 1

The Coordinating Authority of establishment shall assess the suspected infringement, taking into utmost account the request ~~or recommendation~~ referred to in paragraph 1.

Amendment 625 #

Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 2

Where it considers that it has insufficient information to asses the suspected infringement or to act upon the request ~~or recommendation~~ and has reasons to consider that the Coordinating Authority that sent the request, or the Commission, could provide additional information, it may request such information. The time period laid down in paragraph 4 shall be suspended until that additional information is provided.

Amendment 626 #

Proposal for a regulation
Article 37 – paragraph 4

4. The Coordinating Authority of establishment shall, without undue delay and in any event not later than two months following receipt of the request or recommendation referred to in paragraph 1, communicate to the Coordinating Authority that sent the request, or the Commission, the outcome of its assessment of the suspected infringement, or that of any other competent authority pursuant to national law where relevant, and, where applicable, ~~an explanation~~details of the investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation.

Amendment 627 #

Proposal for a regulation
Article 38 – paragraph 2 a (new)

2 a. Coordinating Authorities shall increase public awareness regarding the nature of the problem of online child sexual abuse material, how to seek assistance, and how to work with providers of relevant information society services to efficiently detect, remove and block content and coordinate victim identification efforts undertaken in collaboration with existing victim identification programmes.

Amendment 628 #

Proposal for a regulation
Article 39 – paragraph 1

1. Coordinating Authorities shall efficiently cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre ~~and~~, other relevant Union agencies, in~~cluding Europol~~ particular Europol and hotlines, to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement.

Amendment 629 #

Proposal for a regulation
Article 39 – paragraph 2

2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, hotlines, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services.

Amendment 630 #

Proposal for a regulation
Article 39 – paragraph 2

Amendment 631 #

Proposal for a regulation
Article 39 – paragraph 2

2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies, hotlines and providers of relevant information society services.

Amendment 632 #

Proposal for a regulation
Article 39 – paragraph 3

3. The Coordinating Authorities, hotlines, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation.

Amendment 633 #

Proposal for a regulation
Article 39 – paragraph 3

Amendment 634 #

Proposal for a regulation
Article 39 – paragraph 3

3. The Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies, hotlines and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation.

Amendment 635 #

Proposal for a regulation
Article 39 – paragraph 3 a (new)

3 a. Where the EU Centre receives a report from a hotline, or where a provider that submitted the report to the EU Centre has indicated that the report is based on the information received from a hotline, the EU Centre shall coordinate with the relevant Coordinating Authorities in order avoid duplicated reporting on the same material that has already been reported to the national law enforcement authorities by the hotlines and monitor the removal of the child sexual abuse material or cooperate with the relevant hotline to track the status.

Amendment 636 #

Proposal for a regulation
Article 55 – paragraph 1 – point d a (new)

(d a) a Survivors‘ Advisory Board as an advisory group, which shall exercise the tasks set out in Article 66a (new).

Amendment 637 #

Proposal for a regulation
Article 57 – paragraph 1 – point c

(c) adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as for the members of the Technological Committee and of ~~any other advisory group it may establish~~the Survivors’ Advisory Board and publish annually on its website the declaration of interests of the members of the Management Board;

Amendment 638 #

Proposal for a regulation
Article 57 – paragraph 1 – point f

(f) appoint the members of the Technology Committee, and of ~~any other advisory group it may establish~~the Survivors’ Advisory Board;

Amendment 639 #

Proposal for a regulation
Article 57 – paragraph 1 – point h a (new)

(h a) consult the Survivors’ Advisory Board as regards the obligations referred to in points (a) and (h) of this Article.

Amendment 640 #

Proposal for a regulation
Article 66 a (new)

Article 66 a Survivors’ Advisory Board 1. The Survivors’ Advisory Board shall be composed of child sexual abuse victims over the age of 18 years, appointed by the Management Board on the basis of their personal experience and expertise, following the publication of a call for expressions of interest in the Official Journal of the European Union. Its members shall be independent from government and corporate interests. 2. The procedures for the appointment of the members of the Survivors’ Advisory Board, its functioning and the conditions for the submission of information to the Survivors’ Advisory Board shall be laid down in the rules of procedure of the Management Board and shall be made public. 3. The members of the Survivors’ Advisory Board shall act in the interest of child sexual abuse victims. The EU Centre shall publish the list of members of the Survivors’ Advisory Board on its website and keep it up to date. 4. If a member no longer meets the criterion of independence, he or she shall inform the Management Board. The Management Board may, on the proposal of at least one third of its members or of the Commission, determine a lack of independence and revoke the appointment of the person concerned. The Management Board shall appoint a new member for the remaining term of office in accordance with the procedure applicable to full members. 5. The term of office of the members of the Survivors’ Advisory Board shall be four years. It may be renewed once. 6. The Executive Director and the Management Board may consult the Survivors Advisory Board on any matter relating to the interests of the persons concerned. 7. The Survivors’ Advisory Board shall have the following tasks: (a) ensure visibility of the interests of victims; (b) advise the Management Board on matters set out in Article 57 point (h a); (c) advise the Executive Director and the Management Board as set out in paragraph 6 of this Article; (d) contribute experience and expertise in preventing and combating child sexual abuse and in providing help in the aftermath of such abuse; (e) submit proposals from the Coordinating Authorities; (f) serve as a networking platform for child sexual abuse victims by maintaining and publishing a list of existing national victims' networks.

Amendment 641 #

Proposal for a regulation
Article 83 – paragraph 1 – introductory part

1. Providers of hosting services, providers of publicly available number- independent interpersonal communications services and ~~providers of internet access services~~ shall collect data on the following topics and make that information ~~available to the EU Centre upon request~~public:

Amendment 642 #

Proposal for a regulation
Article 83 – paragraph 1 – point a – introductory part

(a) where the provider has been subject to a ~~detec~~n investigation order issued in accordance with Article 7:

Amendment 643 #

Proposal for a regulation
Article 83 – paragraph 1 – point a – indent 1

— the measures taken to comply with the order, ~~including the technologies used for that purpose and the safeguards provided;~~

Amendment 644 #

Proposal for a regulation
Article 83 – paragraph 1 – point a – indent 2

— the ~~error~~ rates of false positives and false negatives the technologies deployed to detect online child sexual abuse ~~and measures taken to prevent or remedy any errors;~~related to specific person, specific group of people or specific incident and steps taken to mitigate the harm caused by any inaccuracy

Amendment 645 #

Proposal for a regulation
Article 83 – paragraph 1 – point a – indent 3

— in relation to complaints and cases submitted by users in connection to the measures taken to comply with the order, the number of complaints submitted directly to the provider, the number of cases brought before a judicial authority, the basis for those complaints and cases, the decisions taken in respect of those complaints and in those cases, the ~~average~~median time needed for taking those decisions and the number of instances where those decisions were subsequently reversed;

Amendment 646 #

Proposal for a regulation
Article 83 – paragraph 1 – point b

(b) the number of removal orders issued to the provider in accordance with Article 14 and the average time ~~needed~~ for removing or disabling access to the item or items of child sexual abuse material in question , counting from the moment the order entered the provider’s system ;

Amendment 647 #

Proposal for a regulation
Article 83 – paragraph 1 – point b

(b) the number of removal orders issued to the provider in accordance with Article 14 and the ~~average~~median time needed for removing or disabling access to the item or items of child sexual abuse material in question;

Amendment 648 #

Proposal for a regulation
Article 83 – paragraph 1 – point b a (new)

(b a) the number and duration of delays to removals as a result of requests from competent authorities or law enforcement authorities;

Amendment 649 #

Proposal for a regulation
Article 83 – paragraph 1 – point c

(c) the total number of items of child sexual abuse material that the provider removed or to which it disabled access, broken down by whether the items were removed or access thereto was disabled pursuant to a removal order or to a notice submitted by a judicial authority, Competent Authority, the EU Centre or, a ~~third party~~national hotline, a trusted flagger or a private individual or at the provider’s own initiative;

Amendment 650 #

Proposal for a regulation
Article 83 – paragraph 1 – point c a (new)

(c a) The number of instances the provider was asked to provide additional support to law enforcement authorities in relation to content that was removed;

Amendment 651 #

Proposal for a regulation
Article 83 – paragraph 1 – point d

~~(d) the number of blocking orders issued to the provider in accordance with Article 16;~~deleted

Amendment 652 #

Proposal for a regulation
Article 83 – paragraph 2 – introductory part

2. The Coordinating Authorities shall collect data on the following topics and make that information publicly available redacting operationally sensitive data as appropriate and proving an unredacted version to the EU Centre ~~upon request~~:

Amendment 653 #

Proposal for a regulation
Article 83 – paragraph 2 – point a – indent 4 a (new)

- the nature of the report and its key characteristics such as if the security of the hosting service was allegedly breached;

Amendment 654 #

Proposal for a regulation
Article 83 – paragraph 2 – point b

(b) the most important and recurrent risks of online child sexual abuse encountered , as reported by providers of hosting services and providers of publicly available number -independent interpersonal communications services in accordance with Article 3 or identified through other information available to the Coordinating Authority;

Amendment 655 #

Proposal for a regulation
Article 83 – paragraph 2 – point c

(c) a list of the providers of hosting services and providers of interpersonal communications services to which the Coordinating Authority addressed a ~~detec~~investigation order in accordance with Article 7;

Amendment 656 #

Proposal for a regulation
Article 83 – paragraph 2 – point d

(d) the number of ~~detec~~investigation orders issued in accordance with Article 7, broken down by provider and by type of online child sexual abuse, and the number of instances in which the provider invoked Article 8(3);

Amendment 657 #

Proposal for a regulation
Article 83 – paragraph 2 – point f

(f) the number of removal orders issued in accordance with Article 14, broken down by provider, the time needed to remove or disable access to the item or items of child sexual abuse material concerned, , including the time it took the Coordinating Authority to process the order and the number of instances in which the provider invoked Article 14(5) and (6);

Amendment 658 #

Proposal for a regulation
Article 83 – paragraph 2 – point g

~~(g) the number of blocking orders issued in accordance with Article 16, broken down by provider, and the number of instances in which the provider invoked Article 17(5);~~deleted

Amendment 659 #

Proposal for a regulation
Article 83 – paragraph 3 – introductory part

3. The EU Centre shall collect data and generate statistics on the ~~detection~~investigation order, reporting, removal of or disabling of access to online child sexual abuse under this Regulation. The data shall ~~be in particular on the following topics~~include:

Amendment 660 #

Proposal for a regulation
Article 83 – paragraph 3 – point a

(a) the number of indicators in the databases of indicators referred to in Article 44 and the ~~development~~change of that number as compared to previous years;

Amendment 661 #

Proposal for a regulation
Article 83 – paragraph 3 – point b

(b) the number of submissions of child sexual abuse material and solicitation of children referred to in Article 36(1), broken down by Member State that designated the submitting Coordinating Authorities, and, in the case of child sexual abuse material, the number of indicators generated on the basis thereof and the number of still active uniform resource locators included in the list of uniform resource locators in accordance with Article 44(3);

Amendment 662 #

Proposal for a regulation
Article 83 – paragraph 3 – point c

(c) the total number of reports submitted to the EU Centre in accordance with Article 12, broken down by provider of hosting services and provider of publicly available number-independent interpersonal communications services that submitted the report and by Member State the competent authority of which the EU Centre forwarded the reports to in accordance with Article 48(3);

Amendment 663 #

Proposal for a regulation
Article 83 – paragraph 3 – point d

(d) the online child sexual abuse to which the reports relate, including the number of items of potential ~~known and new~~ child sexual abuse material and instances of potential solicitation of children, the Member State the competent authority of which the EU Centre forwarded the reports to in accordance with Article 48(3), and type of relevant information society service that the reporting provider offers;

Amendment 664 #

Proposal for a regulation
Article 83 – paragraph 3 – point e

(e) the number of reports that the EU Centre considered unfounded or manifestly unfounded, as referred to in Article 48(2);

Amendment 665 #

Proposal for a regulation
Article 83 – paragraph 3 – point f

(f) the number of reports relating to potential ~~new~~previously unknown child sexual abuse material and solicitation of children that were assessed as not constituting child sexual abuse material of which the EU Centre was informed pursuant to Article 36(3), broken down by Member State;

Amendment 666 #

Proposal for a regulation
Article 83 – paragraph 3 – point h

(h) where materially the same item of potential child sexual abuse material was reported more than once to the EU Centre in accordance with Article 12 or detected more than once through the searches in accordance with Article 49(1), the number of times that that item was reported or detected in that manner.

Amendment 667 #

Proposal for a regulation
Article 83 – paragraph 4

4. The providers of hosting services, providers of interpersonal communications services and providers of internet access services, the Coordinating Authorities and the EU Centre shall ensure that the data ~~referred~~stored pursuant to in paragraphs 1, 2 and 3, respectively, ~~is stored no longer than is necessary for the transparency reporting referred to in Article 84. The data stored~~ shall not contain any personal data.

Amendment 668 #

Proposal for a regulation
Article 83 – paragraph 5

5. They shall ensure that the data is stored in a secure manner and that the storage is subject to appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the data can be accessed and processed only for the purpose for which it is stored, that a high level of security is achieved and that the information is deleted when no longer necessary for that purpose. All access to this data shall be logged and the logs securely stored for five years. They shall regularly review those safeguards and adjust them where necessary.

Amendment 669 #

Catharina RINZEMA, Morten LØKKEGAARD, Jordi CAÑAS, Dita CHARANZOVÁ, Svenja HAHN

Proposal for a regulation
Article 84 – paragraph 1 a (new)

1 a. The annual report shall also include the number of users affected by detection and removal orders.

Amendment 670 #

Proposal for a regulation
Article 85 – paragraph 1

1. By [five years after the entry into force of this Regulation], and every five years thereafter, the Commission shall evaluate this Regulation and submit a report on its application to the European Parliament and the Council. This report shall address in particular the possible use of new technologies for a safe and trusted processing of personal and other data and for the purpose of combating online child sexual abuse and in particular to detect, report and remove online child sexual abuse. The report shall be accompanied, where appropriate, by a legislative proposal.

source: 745.291

2023/03/28 BUDG 37 amendments...

Amendment 57 #

Proposal for a regulation
Recital 1 a (new)

(1 a) The role of prevention should be emphasized by vesting children, parents and caregivers with the necessary instruments in order to develop situational awareness of the online environment, evaluate potential risks and support children in being safe online. In this regard, education facilities should have a greater role in contributing to this scope, reason for which civic education classes should also provide for the attainment of safe internet skills for children.

Amendment 58 #

Proposal for a regulation
Recital 4

Amendment 59 #

Proposal for a regulation
Recital 36

(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question in a timely manner. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by the EU Centre in this regard, via the Coordinating Authorities. .

Amendment 60 #

Proposal for a regulation
Recital 1 a (new)

Amendment 61 #

Proposal for a regulation
Recital 4

Amendment 62 #

Proposal for a regulation
Recital 36

(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question in a timely manner. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by the EU Centre in this regard, via the Coordinating Authorities. .

Amendment 63 #

Proposal for a regulation
Recital 59

(59) To support the implementation of this Regulation and contribute to the achievement of its objectives, the EU Centre should serve as a central facilitator, carrying out a range of specific tasks. The performance of those tasks requires strong guarantees of independence, in particular from law enforcement authorities, ~~as well as~~ a governance structure ensuring the effective, efficient and coherent performance of its different tasks, and legal personality to be able to interact effectively with all relevant stakeholders as well as an autonomous budget. Therefore, it should be established as a decentralised Union agency and provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this Regulation. It should be mainly financed by a contribution from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the Multiannual Financial Framework and/or through the mobilisation of the relevant special instruments. In order to ensure that the Agency can respond flexibly to human resource needs, it is in particular appropriate that it has autonomy regarding the recruitment of contract agents.

Amendment 64 #

Proposal for a regulation
Recital 66

Amendment 65 #

Proposal for a regulation
Recital 67

(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse. In this connection, the EU Centre should cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned. For this scope, the EU Centre can also aid in the implementation of awareness campaigns and contribute to the establishment and improvement of specific guidelines and proposals for mitigation measures respectively, so as to ensure accuracy and up to date solutions in tackling online child sexual abuse.

Amendment 66 #

Proposal for a regulation
Recital 67 a (new)

Amendment 67 #

Proposal for a regulation
Recital 67 b (new)

Amendment 68 #

Proposal for a regulation
Recital 70

(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines and encourage that they work together effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union. Furthermore, a special green line with a call centre assistance service will be constituted at EU level in order for victims and their families to receive support in a timely manner.

Amendment 69 #

Proposal for a regulation
Recital 70 a (new)

(70 a) The Union budget should provide complementary funding to ensure a high level of support and protection for child victims of sexual abuse, including through sufficient resources in dedicated funding programs, and through the promotion of innovative solutions to improve the quality and accessibility of the needed services ; the relevant program(s) under the next Multiannual Financial Framework should contain sufficient financial and human resources to ensure sufficient funding for an adequate Union contribution to the proper implementation.

Amendment 70 #

Proposal for a regulation
Recital 72 a (new)

Amendment 71 #

Proposal for a regulation
Recital 74 a (new)

(74 a) In view of the need for a more effective EU Centre it is necessary to establish a Survivors' Advisory Board.Through the structured involvement of victims and former victims of sexualised violence, the EU Centre should serve as a platform to offer holistic support for the fight against child sexual abuse in all Member States. The Survivors’ Advisory Council may support the EU Centre’s activities to facilitate cross-border cooperation for existing national networks and the exchange of best practice. It may also raise awareness for child sexual abuse by serving as a knowledge platform through the coordination, collection and synthethis of research.

Amendment 72 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The costs incurred by the EU Centre for the performance of such an analysis shall be borne by the requesting provider. However, the EU Centre shall bear those costs where the provider is a micro, small or medium-sized enterprise, provided the request is reasonably necessary to support the risk assessment. The requests shall not be seen as either administrative or economical burden for these enterprises.

Amendment 73 #

The Commission shall be empowered to adopt delegated acts as soon as possible in accordance with Article 86 in order to supplement this Regulation with the necessary detailed rules on the determination and charging of those costs and the application of the exemption for micro, small and medium- sized enterprises.

Amendment 74 #

Proposal for a regulation
Article 21 – paragraph 1

Amendment 75 #

Proposal for a regulation
Article 21 – paragraph 2 – point 1 (new)

(1) In this regard, a special green line with a call centre assistance service will be established, in order for victims and their families to receive support in a timely manner.

Amendment 76 #

Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point a

(a) supporting the Commission in the preparation of the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11, including by collecting and providing relevant information, expertise and best practices, taking into account advice from the Technology Committee and the Survivors’ Advisory Board referred to in Articles 66 and 66a (new);

Amendment 77 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a

Amendment 78 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)

Amendment 79 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b b (new)

(b b) assisting with expertise and knowledge in the development and implementation of teacher training across the Union, in order to vest teachers with the necessary skills for guiding children on safely using information society services and detecting potentially malicious behaviour online;

Amendment 80 #

Proposal for a regulation
Article 55 – paragraph 1 – point d a (new)

(d a) a Survivors’ Advisory Board which shall exercise the tasks set out in Article 66a (new).

Amendment 81 #

Silvia MODIG

Proposal for a regulation
Article 56 – paragraph 4

4. Members of the Management Board and their alternates shall be appointed in the light of their knowledge in the field of combating child sexual abuse, taking into account relevant managerial, administrative and budgetary skills. Member States shall appoint a representative of their Coordinating Authority, within four months of [date of entry into force of this Regulation]. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of its work. All parties sh~~all aim to achieve a balanced representation between men and women~~ould ensure gender balance on the Management Board.

Amendment 82 #

Proposal for a regulation
Article 57 – paragraph 1 – point c

(c) adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as for the members of the Technological Committee and of ~~any other advisory group it may establish~~the Survivors’ advisory Board and publish annually on its website the declaration of interests of the members of the Management Board;

Amendment 83 #

Proposal for a regulation
Article 57 – paragraph 1 – point f

(f) appoint the members of the Technology Committee, and of ~~any other advisory group it may establish~~the Survivors’ advisory Board;

Amendment 84 #

Proposal for a regulation
Article 57 – paragraph 1 – point h a (new)

(h a) consult the Survivors’ Advisory Board as regards the obligations referred to in points (a), (g) and (h) of this Article.

Amendment 85 #

Proposal for a regulation
Article 64 – paragraph 4 – point f

(f) preparing the Consolidated Annual Activity Report (CAAR) on the EU Centre’s activities, including the activities of the Technology Committee and the Survivors’ Advisory Board, and presenting it to the Executive Board for assessment and adoption;

Amendment 86 #

Proposal for a regulation
Article 64 – paragraph 5

5. Where exceptional circumstances so require, the Executive Director may decide to locate one or more staff in another Member State for the purpose of carrying out the EU Centre’s tasks in an a more efficient, effective and coherent manner according to principles of good governance. Before deciding to establish a local office, the Executive Director shall obtain the prior consent of the Commission, the Management Board and the Member State concerned. The decision shall be based on an appropriate cost- benefit analysis that demonstrates in particular the added value of such decision and specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and duplication of administrative functions of the EU Centre. A headquarters agreement with the Member State(s) concerned may be concluded.

Amendment 87 #

Silvia MODIG

Proposal for a regulation
Article 65 – paragraph 2

2. The Executive Director shall be appointed by the ~~Executive~~Management Board, from a list of candidates proposed by the Commission~~, following an open and transparent selection procedure~~ and having obtained the consent of the European Parliament, following an open and transparent selection procedure. The Commission shall ensure gender balance when drawing up the list of candidates.

Amendment 88 #

Proposal for a regulation
Article 66 – paragraph 1

1. The Technology Committee shall consist of technical experts appointed by the Management Board in view of their excellence and their independence from corporate interests, following the publication of a call for expressions of interest in the Official Journal of the European Union. Its members shall be appointed for a term of four years, renewable once. On the expiry of their term of office, members shall remain in office until they are replaced or until their appointments are renewed. If a member resigns before the expiry of his or her term of office, he or she shall be replaced for the remainder of the term by a member appointed by the Management Board.

Amendment 89 #

Proposal for a regulation
Article 66 – paragraph 2

2. Procedures concerning the appointment of the members of the Technology Committee and its operation shall be further specified in the rules of procedure of the Management Board and shall be made public.

Amendment 90 #

Proposal for a regulation
Article 66 – paragraph 4

4. When a member no longer meets the criteria of independence, he or she shall inform the Management Board. Alternatively, the Management Board may declare, on a proposal of at least one third of its members or of the Commission, a lack of independence and revoke the appointment of the person concerned. The Management Board shall appoint a new member for the remaining term of office in accordance with the procedure for ordinary members.

Amendment 91 #

Proposal for a regulation
Article 66 – paragraph 6 – point b a (new)

(b a) provide an annual acitvity report to the Exectuive Director as part of the Consolidated Annual Activity Report;

Amendment 92 #

Proposal for a regulation
Article 66 a (new)

Article 66 a Survivors’ Advisory Board 1. The Survivors’ Advisory Board shall consist of seven members who are adult survivors of sexual abuse and non-recent victims over the age of 18 years, appointed by the Management Board in view of their personal experience and independence, following the publication of a call for expressions of interest in the Official Journal of the European Union. 2. Procedures concerning the appointment of the members of the Survivors’ Advisory Board and its operation shall be further specified in the rules of procedure of the Management Board and shall be made public. 3. The members of the Survivors’ Advisory Board shall act in the interest of child sexual abuse victims. The EU Centre shall publish the list of members of the Survivors’ Advisory Board on its website and keep it up to date. 4. If a member no longer meets the criterion of independence, he or she shall inform the Management Board. The Management Board may, on the proposal of at least one third of its members or of the Commission, determine a lack of independence and revoke the appointment of the person concerned. The Management Board shall appoint a new member for the remaining term of office in accordance with the procedure applicable to ordinary members. If a member resigns before the expiry of his or her term of office, he or she shall be replaced for the remaining term of office in accordance with the procedure applicable to ordinary members. 5. The term of office of the members of the Survivors’ Advisory Board shall be four years. It may be renewed once. 6. The Executive Director and the Management Board may consult the Survivors Advisory Board on any matter relating to the interests of the persons concerned. 7. The Survivors’ Advisory Board shall have the following tasks: (a) ensure visibility of the interests of victims; (b) advise the Management Board on matters set out in Article 57 point (h a); (c) advise the Executive Director and the Management Board as set out in paragraph 6 of this Article; (d) contribute experience and expertise in preventing and combating child sexual abuse and in providing help in the aftermath of such abuse; (e) submit proposals from the Coordinating Authorities to the Management Board; (f) serve as a networking platform; (g) provide an annual acitvity report to the Executive Director as part of the Consolidated Annual Activity Report.

Amendment 93 #

Proposal for a regulation
Article 69 – paragraph 4

4. The EU Centre’s expenditure shall include staff remuneration, administrative and infrastructure expenses, and operating costs while following the appropriate EU budgetary rules.

source: 745.269

2023/05/08 FEMM 491 amendments...

Amendment 100 #

Proposal for a regulation
Recital 26

(26) The measures taken by providers of hosting services and providers of publicly available number-independent interpersonal communications services to execute ~~detec~~investigation orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, t. This Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with ~~detection~~ orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures ~~meet the requirements of this Regulation~~are not undermined. That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. ~~When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or~~Any weakening of encryption could potentially be abused by malicious their ~~employees for purposes other than compliance with~~d parties. Nothing in this Regulation~~, n~~ should therefore b~~y third parties, and thus to avoid undermining the security and confidentiality of the communications of users~~e interpreted as prohibiting or weakening end-to-end encryption.

Amendment 101 #

Proposal for a regulation
Recital 26 a (new)

(26a) Detection of child sexual abuse in end-to-end encrypted communications is only possible by scanning those communications before they leave the abuser's device, however this would allow abusers to interfere with the scanning process. Abusers often work in groups, allowing for rapid proliferation of technology to bypass scanning, rendering such scanning ineffective. Therefore, taking into account the limited efficacy, and the negative impact on citizens' fundamental rights, detection orders should not be applicable to end-to-end encrypted communications.

Amendment 102 #

Proposal for a regulation
Recital 27

(27) In order to facilitate the providers’ compliance with the ~~detection obligation~~investigation orders, the EU Centre should make available to providers ~~detection~~approved technologies that they may choose to use, on a free-of-charge basis, for the sole purpose of executing the ~~detec~~investigation orders addressed to them. The European Data Protection Board should be consulted on the acceptability or otherwise of those technologies and the ways in which they should be ~~best~~ deployed ~~to ensure~~, if at all, in compliance with applicable ~~rules of~~ Union law on the protection of personal data~~. The advice~~ and with the Charter of Fundamental Rights . The authoritative position of the European Data Protection Board should be fully taken into account by the EU Centre ~~when compiling the lists of available technologies~~ and also by the Commission when preparing guidelines regarding the application of the ~~detection~~ obligations. The providers may operate the technologies made available by the EU Centre or by others or technologies that they developed themselves, as long as they meet the requirements of this Regulation and other applicable EU law, such as Regulation 2016/679 .

Amendment 103 #

Proposal for a regulation
Recital 27

(27) In order to facilitate the providers’ compliance with the detection obligations, the EU Centre should make available to providers detection technologies that they may choose to use, on a free-of-charge basis, for the sole purpose of executing the detection orders addressed to them. The European Data Protection Board should be consulted on those technologies and the ways in which they should be best deployed ~~to ensure compliance with applicable rules of Union law on the protection of personal data~~. The advice of the European Data Protection Board should be taken into account by the EU Centre when compiling the lists of available technologies and also by the Commission when preparing guidelines regarding the application of the detection obligations. The providers may operate the technologies made available by the EU Centre or by others or technologies that they developed themselves, as long as they meet the requirements of this Regulation.

Amendment 104 #

Proposal for a regulation
Recital 28

Amendment 105 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 29

(29) Providers of hosting services and providers of publicly available interpersonal communications services are uniquely positioned to detect potential online child sexual abuse involving their services. The information that theyThe information providers may obtain when offering their services is often indispensable to effectively investigate and prosecute child sexual abuse offences. Therefore, they should be required to report on potential online child sexual abuse on their services, whenever they become aware of it, that is, when there are reasonable grounds to believe that a particular activity may constitute online child sexual abuse. ~~Where such reasonable grounds exist, doubts about the potential victim’s age should not prevent those providers from submitting reports.~~ In the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Such awareness could, for example, be obtained through the execution of detection orders, information flagged by users or organisations acting in the public interest against child sexual abuse, or activities conducted on the providers’ own initiative. Those providers should report a minimum of information, as specified in this Regulation, for competent law enforcement authorities to be able to assess whether to initiate an investigation, where relevant, and should ensure that the reports are as complete as possible before submitting them.

Amendment 106 #

Proposal for a regulation
Recital 30

(30) To ensure that online child sexual abuse material is removed as swiftly as possible after its detection, Coordinating Authorities of establishment should have the power to request competent judicial authorities or independent administrative authorities to issue a removal order addressed to providers of hosting services. As removal or disabling of access may affect the right of users who have provided the material concerned, providers should inform such users of the reasons for the removal, to enable them to exercise their right of redress, subject to exceptions needed to avoid interfering with activities for the ~~prevention, detection,~~ongoing investigation and prosecution of specific child sexual abuse offences.

Amendment 107 #

Proposal for a regulation
Recital 32

(32) The obligations of this Regulation do not apply to providers of hosting services that do not offer their services in the Union. However, such services may still be used to disseminate child sexual abuse material to or by users in the Union, causing harm to children and society at large, even if the providers’ activities are not targeted towards Member States and the total numbers of users of those services in the Union are limited. For legal and practical reasons, it may not be reasonably possible to have those providers remove or disable access to the material, not even through cooperation with the competent authorities of the third country where they are established. Therefore, in line with existing practices in several Member States, it should be possible to require providers of internet access services to take reasonable measures to block the access of users in the Union to the material. However, blocking measures are easily bypassed, and do not prevent access from outside of the Union, meaning victims have to live knowing that abuse material depicting them remains online, therefore every effort should be taken to remove material, even outside of the jurisdiction of the Union, before resorting to blocking.

Amendment 108 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 32

(32) The obligations of this Regulation do not apply to providers of hosting services that do not offer their services in the Union. However, such services may still be used to disseminate child sexual abuse material to or by users in the Union, causing harm to children and society at large, even if the providers’ activities are not targeted towards Member States and the total numbers of users of those services in the Union are limited. ~~For legal and p~~As every country in the world has ractical reasons, it may not be reasonably possible to have those providers remove or disable access to the material, not even through cooperation with the competent authorities of the third country where they are established. Therefore, in line with existing practices in several Member States, it should be possible to require providers of internet access services to take reasonable measures to block the access of users in the Union to the materialfied either the UN Convention on the Rights of the Child or its optional Protocol on Child Pornography, it should always be possible to have those providers remove or disable access to the material. Where problems arise in relation to specific jurisdictions, all possible diplomatic pressure should be brought to bear by the Commission and Member States to remedy the situation.

Amendment 109 #

Proposal for a regulation
Recital 33

(33) In the interest of consistency, efficiency and effectiveness and to minimise the risk of circumvention, such blocking orders should be based on the list of uniform resource locators, leading to specific items of verified child sexual abuse, compiled and provided centrally by the EU Centre on the basis of diligently verified submissions by the relevant authorities of the Member States. In order to avoid the taking of unjustified or disproportionate measures, especially those that would unduly affect the fundamental rights at stake, notably, in addition to the rights of the children, the users’ freedom of expression and information and the providers’ freedom to conduct a business, appropriate limits and safeguards should be provided for. In particular, it should be ensured that the burdens imposed on the providers of internet access services concerned are not unreasonable, that the need for and proportionality of the blocking orders is diligently assessed also after their issuance and that both the providers and the users affected have effective means of judicial as well as non- judicial redress. Blocking by uniform resource locator is not technically possible, and most blocking is implemented at the level of the web domain, or Internet Protocol address, which often results in significant overblocking, therefore the EU Centre should evaluate the risk and impact of overblocking before making a final decision on blocking.

Amendment 110 #

Proposal for a regulation
Recital 34

Amendment 111 #

Proposal for a regulation
Recital 35

(35) The dissemination of child sexual abuse material is a criminal offence that affects the rights of the victims depicted. Victims should therefore have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant information if known child sexual abuse material depicting them is reported by providers of hosting services or providers of publicly available interpersonal communications services in accordance with this Regulation. Online service providers, including social network platforms, should adopt mandatory procedures in order to effectively prevent, detect and report child sexual abuse that occurs on their services and remove child sexual abuse material

Amendment 112 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Recital 35

(35) The dissemination of child sexual abuse material is a criminal offence that affects the rights of the victims depicted. Victims or their approved formal representative should therefore have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant information if known child sexual abuse material depicting them is reported or has been removed by providers of hosting services or providers of publicly available interpersonal communications services in accordance with this Regulation. This should both include the option for a singular information request, as the option to receive this information on a continuous and regular basis.

Amendment 113 #

Proposal for a regulation
Recital 35

(35) The dissemination of child sexual abuse material is a criminal offence that affects the rights of the victims depicted, whom to the vast majority are girls. Victims should therefore have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant and age-appropriate information if known child sexual abuse material depicting them is reported by providers of hosting services or providers of publicly available interpersonal communications services in accordance with this Regulation.

Amendment 114 #

Proposal for a regulation
Recital 35 a (new)

(35a) As pointed out in the Commission Strategy 1a, children themselves need to have the knowledge and tools that could help them not to be confronted with the abuse when possible and they need to be informed that certain behaviours are not acceptable. The Commission-funded network of Safer Internet Centres raises awareness on online safety and provides information, resources and assistance via helplines and hotlines on a wide range of digital safety topics including grooming and sexting. The One in Five campaign by the Council of Europe and Europol’s “#SayNo” initiative are further examples of how this can be done. When abuse occurs, children need to feel secure and empowered to speak up, react and report, even when the abuse comes from within their circle of trust, as it is often the case. They also need to have access to safe, accessible and age-appropriate channels to report the abuse without fear. As stated in the Recommendation of the UN Committee on the Rights of the Child 1b, States parties should ensure that digital literacy is taught in schools, as part of basic education curricula, from the preschool level and throughout all school years, and that such pedagogies are assessed on the basis of their results. Curricula should include the knowledge and skills to safely handle a wide range of digital tools and resources, including those relating to content, creation, collaboration, participation, socialization and civic engagement EU strategy for a more effective fight against child sexual abuse. _________________ 1a COM(2020) 607 final, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU strategy for a more effective fight against child sexual abuse 1b CRC/C/GC/25 , General comment No. 25 (2021) on children’s rights in relation to the digital environment from UN Committee on the Rights of the Child

Amendment 115 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 36

(36) In order to prevent children falling victim to online abuse, providers for which there is evidence that their service is routinely or systematically used for the purpose of online child sexual abuse in line with article 3, should provide reasonable assistance, by putting in place alert and alarm mechanisms in a prominent way on their platforms. The alert mechanism could consist of, for example, linking potential victims to the local services such as helplines, victims` rights and support organisations or hotlines. They should ensure adequate follow-up, when a report or alert is made, in the language chosen by the user for using their service. Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to ~~be assisted by the EU Centre in this regard, via the Coordinating Authorities~~receive adequate psycho-social, age appropriate and gender-sensitive support and to be assisted by the EU Centre and its relevant partners, such as child helplines or other psycho-social support mechanisms in this regard, via the Coordinating Authorities. Member States should establish and improve the functioning of child helplines and hotlines, including through funding and capacity building, in line with article 96 of Directive (EU) 2018/1972. Victim identification is key not only for tracking down online child sexual abuse but also to prevent victimisation, and to stop further spread of damaging material and to ensure that victims can benefit from available assistance. Such victim identification however, requires a high degree of specialisation and adequate resources. Therefore the European Cybercrime Centre`s efforts in victim identification should be complemented at national level.

Amendment 116 #

Proposal for a regulation
Recital 36

(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question. The holders of parental responsibility for the victims or the legal guardians of the victims should have equal legal standing to exercise victim's rights when the victim is not able to do so, due to age or other limitations. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. Such assistance should be tailored to the specific vulnerabilities of the victims, such as age, or disability, in a gender sensitive way. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by the EU Centre in this regard, via the Coordinating Authorities.

Amendment 117 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 36

(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by the EU Centre in this regard, via the Coordinating Authorities, taking into account vulnerabilities and psychological effects on victims.

Amendment 118 #

Proposal for a regulation
Recital 37

(37) To ensure the efficient management of such victim support functions, victims should be allowed to contact and rely on the Coordinating Authority that is most accessible to them, which should channel all communications between victims and the EU Centre. Coordinating authorities should provide gender- and age- sensitive support to victims, as well as psychological support. Under no circumstances should victims be blamed for what has happened to them.

Amendment 119 #

Proposal for a regulation
Recital 37 a (new)

(37a) Member States should ensure and safeguard the existence of effective mechanisms for reporting child sexual abuse and that such investigative tools are effectively used to identify victims and rescue them as quickly as possible from ongoing abuse;

Amendment 120 #

Proposal for a regulation
Recital 44

(44) In order to provide clarity and enable effective, efficient and consistent coordination and cooperation both at national and at Union level, where a Member State designates more than one competent authority to apply and enforce this Regulation, it should designate one lead authority as the Coordinating Authority, whilst the designated authority should automatically be considered the Coordinating Authority where a Member State designates only one authority. For those reasons, the Coordinating Authority should act as the single contact point with regard to all matters related to the application of this Regulation, ~~without prejudice to the enforcement powers of other national authoritie~~and related to achieving the objective of this regulation, including prevention matters without prejudice to the enforcement powers of other national authorities. Training of officials in close contact with victims , including law enforcement officers, judges, prosecutors, lawyers and forensic experts and social workers, is essential in order to understand the problem that child victims can face, and in order to ensure that the situation is prevented and mitigated if necessary. The Coordinating Authority should therefore also act as single point of contact with regard to all matters related to the achievement of the objective of this regulation, including prevention, with regard to awareness raising and training of officials.

Amendment 121 #

Proposal for a regulation
Recital 50

(50) With a view to ensuring that providers of hosting services are aware of the misuse made of their services and to afford them an opportunity to take expeditious action to remove or disable access on a voluntary basis, Coordinating Authorities of establishment should be able to notify those providers of the presence of known child sexual abuse material on their services and requesting removal or disabling of access thereof, for the providers’ voluntary consideration. Such notifying activities should be clearly distinguished from the Coordinating Authorities’ powers under this Regulation to request the issuance of removal orders, which impose on the provider concerned a binding legal obligation to remove or disable access to the material in question within a set time period.deleted

Amendment 122 #

Proposal for a regulation
Recital 52

(52) To ensure effective enforcement and the safeguarding of users’ rights under this Regulation, it is appropriate to facilitate the lodging of complaints about alleged non-compliance with obligations ofr a breach of fundamental rights by providers of relevant information society services under this Regulation. This should be done by allowing users to lodge such complaints with the Coordinating Authority in the territory of the Member State ~~where the users reside or are established~~or through a Coordinating Authority of their choosing, irrespective of which Member State has jurisdiction in respect of the provider concerned. For the purpose of lodging of complaints, users can decide to rely on organisations acting in the public interest against child sexual abuse. However, in order not to endanger the aim of establishing a clear and effective system of oversight and to avoid the risk of inconsistent decisions, it should remain solely for the Coordinating Authority of establishment to subsequently exercise any of its investigatory or enforcement powers regarding the conduct complained of, as appropriate, without prejudice to the competence of other supervisory authorities within their mandate.

Amendment 123 #

Proposal for a regulation
Recital 55

Amendment 124 #

Proposal for a regulation
Recital 55 a (new)

(55a) All communications containing illegal material should be encrypted to state of the art standards, all access by staff to such content should be limited to what is necessary and thoroughly logged. All such logs should be stored for a minimum of ten years.

Amendment 125 #

Annika BRUNA, Isabella TOVAGLIERI, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Recital 59

Amendment 126 #

Proposal for a regulation
Recital 60

(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the detection, reporting and blocking obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge and expertise related to online child sexual abuse. The EU Centre will act as a centre of expertise by collecting, facilitating and disseminating good practice. Its expertise will enable it, in particular, to issue proposals concerning the prevention of the risks of exposing children to pornography and the dangers associated with children being over- exposed to screens.

Amendment 127 #

Proposal for a regulation
Recital 60

(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the ~~detection, reporting and block~~investigation and reporting obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge and expertise related to online child sexual abuse.

Amendment 128 #

Proposal for a regulation
Recital 61

(61) The EU Centre should provide reliable information on which activities can reasonably be considered to constitute online child sexual abuse, so as to enable the detection and blocking thereof in accordance with this Regulation. Given the nature of child sexual abuse material, that reliable information needs to be provided without sharing the material itself. Therefore, the EU Centre should generate accurate and reliable indicators, based on identified child sexual abuse material and solicitation of children submitted to it by Coordinating Authorities in accordance with the relevant provisions of this Regulation. These indicators should allow technologies to detect the dissemination of either the same material (known material) ~~or of different child sexual abuse material (new material), or the solicitation of children, as applicable~~.

Amendment 129 #

Proposal for a regulation
Recital 66

(66) With a view to contributing to the effective application of this Regulation and the protection of victims’ rights, the EU Centre should be able, upon request, to support victims and to assist Competent Authorities by conducting searches of hosting services for the dissemination of known child sexual abuse material that is publicly accessible, using the corresponding indicators. Where it identifies such material after having conducted such a search, the EU Centre should also be able to request the provider of the hosting service concerned to remove or disable access to the item or items in question, given that the provider may not be aware of their presence and may be willing to do so on a voluntary basis. The EU Centre must be able to work in collaboration with, and refer child victims to, relevant competent authorities and support services, such as victim protection centres, women’s shelters, children’s specialised services, social services, children’s rights organisations and family associations, as well as healthcare professionals in the Member States.

Amendment 130 #

Proposal for a regulation
Recital 66

(66) With a view to contributing to the effective application of this Regulation and the protection of victims’ rights, the EU Centre should be able, upon request, to support victims and to assist Competent Authorities by conducting searches of hosting services for the dissemination of known child sexual abuse material that is publicly accessible, using the corresponding indicators. Where it identifies such material after having conducted such a search, the EU Centre should also be able to request the provider of the hosting service concerned to remove or disable access to the item or items in question, given that the provider may not be aware of their presence and may be willing to do so on a voluntary basis. The EU Centre should support Member States in conducting studies, with nationally representative samples, on child sexual abuse in their socialisation spaces, in order to structure preventive and multidisciplinary response measures.

Amendment 131 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 67

(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse~~. In this connection, the EU Centre should~~, including education and awareness raising, and prevention programmes available for potential offenders and offenders during and after criminal proceedings. The collection, analysis of data should include the list of education and awareness raising material made part of the official curricula. In this connection, the EU Centre should bring together practitioners and researchers. The EU Centre should also cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned.

Amendment 132 #

Proposal for a regulation
Recital 67

(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse. In this connection, the EU Centre should cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned.The EU Center will nominate a Victims' Consultative Forum, which would provide specialised advice to the EU Center on victims-related issues.

Amendment 133 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Recital 67

(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse. In this connection, the EU Centre should cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned. The EU centre shall also provide knowledge, expertise and best practice on preventive measures targeted at abusers.

Amendment 134 #

Proposal for a regulation
Recital 70

Amendment 135 #

Proposal for a regulation
Recital 71

(71) Considering Europol’s mandate and its experience in identifying competent national authorities in unclear situation and its database of criminal intelligence which can contribute to identifying links to investigations in other Member States, the EU Centre should cooperate closely with it, especially in order to ensure the swift identification of competent national law enforcement authorities in cases where that is not clear or where more than one Member State may be affected.deleted

Amendment 136 #

Proposal for a regulation
Recital 74 a (new)

(74a) In view of the need for a more effective EU Centre it is necessary to establish a Survivors' Advisory Board. Through the structured involvement of victims and former victims of sexualised violence and experts on this matter, the EU Centre should serve as a platform to offer holistic support for the fight against child sexual abuse in all Member States. The Survivors’ Advisory Council may support the EU Centre’s activities to facilitate cross-border cooperation for existing national networks and the exchange of best practice. It may also raise awareness for child sexual abuse by serving as a knowledge platform through the coordination, collection and synthethis of research.

Amendment 137 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 74 a (new)

(74a) Given the purpose of this regulation, namely to combat and prevent child sexual abuse, the EU Centre should have a Children’s Rights and Survivors Advisory Board composed of experts, including specialist child psychiatrists and representatives of family associations, with an advisory function relating to children’s rights and the victims’ and survivors’ perspective. The Children’s Rights and Survivors Advisory Board may, in particular, provide expertise to support the work of the EU Centre, within the scope of its mandate.

Amendment 138 #

Proposal for a regulation
Recital 74 a (new)

(74a) The Victims' Consultative Forum should be the EU Center's advisory body and support its work. Its principle function should be to provide independent advice through expertise knowledge, deriving from victims of sexual abuse online and taking into account the views of the children that will be consulted as well, in a child-friendly and child- sensitive manner on relevant issues.

Amendment 139 #

Proposal for a regulation
Recital 75

(75) In the interest of transparency and accountability and to enable evaluation and, where necessary, adjustments, providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services, Coordinating Authorities and the EU Centre should be required to collect, record and analyse data disaggregated by gender, age and social, cultural and economic background as well as information, based on anonymised gathering of non-personal data and to publish annual reports on their activities under this Regulation. The Coordinating Authorities should cooperate with Europol and with law enforcement authorities and other relevant national authorities of the Member State that designated the Coordinating Authority in question in gathering that information.

Amendment 140 #

Proposal for a regulation
Recital 75

(75) In the interest of transparency and accountability and to enable evaluation and, where necessary, adjustments, providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services, Coordinating Authorities and the EU Centre should be required to collect gender-disaggregated and age specific data, record and analyse information, based on anonymised gathering of non-personal data and to publish annual reports on their activities under this Regulation. The Coordinating Authorities should cooperate with Europol and with law enforcement authorities and other relevant national authorities of the Member State that designated the Coordinating Authority in question in gathering that information.

Amendment 141 #

Proposal for a regulation
Recital 77

(77) The evaluation should be based on the criteria of efficiency, necessity, effectiveness, proportionality, relevance, coherence and Union added value. It should assess the functioning of the different operational and technical measures provided for by this Regulation, including the effectiveness of measures to enhance the detection, reporting and removal of online child sexual abuse, the effectiveness of safeguard mechanisms as well as the impacts on potentially affected fundamental rights, children’s rights the freedom to conduct a business, the right to private life and the protection of personal data. The Commission should also assess the impact on potentially affected interests of third parties.

Amendment 142 #

Lívia JÁRÓKA

Proposal for a regulation
Recital 84 a (new)

(84a) Recommends that companies operating social platforms and their security systems place greater emphasis on regulating the registration of children and minors on social media platforms, focusing particularly on the needs of people living in poverty, Roma and other minorities to combat differences in digital literacy and reduce the volume of violence in the online space.

Amendment 143 #

Lívia JÁRÓKA

Proposal for a regulation
Recital 84 b (new)

(84b) Recommends that the EU centre should develop specific action plans in the field of digital education, focusing on children facing disadvantages and multiple disadvantages, and specifically targeting solutions to the digital divide.

Amendment 144 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)

(ba) 'safety assistant' means a tool integrated into interpersonal communications services either voluntarily or following a preventative detection order, and active only for child users of the service, which assists children in learning about, identifying and avoiding risks online, including but not limited to self-generated abuse material and solicitation;

Amendment 145 #

Proposal for a regulation
Article 2 – paragraph 1 – point j

(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 178 years;

Amendment 146 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 2 – paragraph 1 – point j

(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 178 years;

Amendment 147 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

- ‘victim’ means the child or person having suffered harm caused after being subject to ‘child sexual abuse material’ or ‘solicitation of children’ or ‘online sexual abuse’ or ‘child sexual abuse offences’;

Amendment 148 #

Proposal for a regulation
Article 3 – paragraph 1

1. Providers of hosting services and providers of ~~interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the risk of use~~publicly available number- independent interpersonal communications services where there is evidence that their service is routinely or systematically used for the purpose of online child sexual abuse, shall identify, analyse and assess, for each such service that they offer, risks stemming from the design, functioning , including algorithmic systems of the service for the purpose of online child sexual abuse.

Amendment 149 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. The service of a hosting service provider or publicly available number- independent interpersonal communication service is considered to be routinely or systematically used for the purpose of online child sexual abuse where the Coordinating Authority of the Member State of its main establishment or where its legal representative resides or is established has: a) taken a decision, on the basis of objective factors, such as the provider having received a number of final removal orders in the previous 12 months, finding that the service of the provider is routinely or systematically used for the purpose of online child sexual abuse ; and b) notified the decision referred to in point (a) to the provider.

Amendment 150 #

Proposal for a regulation
Article 3 – paragraph 2 – point a

~~(a) any previously identified instances of use of its services for the purpose of online child sexual abuse;~~deleted

Amendment 151 #

Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)

(aa) any actual or foreseeable negative effects for the exercise of fundamental rights or possible breaches of EU law

Amendment 152 #

Proposal for a regulation
Article 3 – paragraph 2 – point a b (new)

(ab) the protection of end-to-end encryption if applicable to the service

Amendment 153 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 1

~~– prohibitions and restrictions laid down in the terms and conditions;~~deleted

Amendment 154 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2

~~– measures taken to enforce such prohibitions and restrictions;~~deleted

Amendment 155 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3

– functionalities enabling ~~age verification~~the effective protection of children online;

Amendment 156 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4

– functionalities enabling users to flag online child sexual abuse to the provider through tools that are easily accessible and age-appropriate and that respect users’ privacy;

Amendment 157 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)

- the integration of tools such as safety assistants to prevent child sexual abuse online;

Amendment 158 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

~~(c) the manner in which users use the service and the impact thereof on that risk;~~deleted

Amendment 159 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

Amendment 160 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point i

~~(i) the extent to which the service is used or is likely to be used by children;~~deleted

Amendment 161 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 3 – paragraph 2 – point e – point ii

~~(ii) where the service is used by children, the different age groups of the child users and the risk of solicitation of children in relation to those age groups;~~deleted

Amendment 162 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point ii

(ii) where the service is used by children, the different age groups of the child users and the risk of solicitation of children in relation to those age groups, as well as the risk of adults using the service for the purpose of solicitation of children;

Amendment 163 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 1

– enabling users to publicly search for other users and~~, in particular, for adult users to search for child users;~~

Amendment 164 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 2

– enabling users to ~~establish~~initiate unsolicited contact with other users directly, in particular through private communications;

Amendment 165 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3

~~– enabling users to share images or videos with other users, in particular through private communications.~~deleted

Amendment 166 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii a (new)

(iiia) the existing measures to mitigate risks that functionalities of the application will be used for the solicitation of children, or for the sharing of abuse material, including but not limited to safety assistants, and safe defaults for visibility and reachability of children on the platform;

Amendment 167 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

The provider may request the EU Centre to perform an analysis of ~~representative, anonymized data samples to identify potential online child sexual abuse,~~the methodology for risk assessment in order to support the risk assessment.

Amendment 168 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The costs incurred by the EU Centre for the performance of such an analysis shall be borne by the requesting provider. However, the EU Centre shall bear those costs where the provider is a micro, small or medium-sized enterprise~~, provided the request is~~. The EU centre may reject the request on the basis of that it is not reasonably necessary to support the risk assessment.

Amendment 169 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3

Amendment 170 #

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – point a

(a) for a service which is subject to a ~~detec~~n investigation order issued in accordance with Article 7, the provider shall update the risk assessment at the latest two months before the expiry of the period of application of the detection order;

Amendment 171 #

Proposal for a regulation
Article 3 – paragraph 6

6. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1 to 5, having due regard in particular to relevant technological developments, trends reported by authorities, civil society organisations and victim support organisations, and to the manners in which the services covered by those provisions are offered and used.

Amendment 172 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services and providers of ~~interpersonal communications services shall take reasonabl~~publicly available number- independent interpersonal communications services where there is substantial evidence that their service is routinely or systematically used for the purpose of online child sexual abuse shall take proportionate and effective mitigation measures, tailored to the serious risk identified pursuant to Article 3, to minimise that risk. Such measures shall include some or all of the following:

Amendment 173 #

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) adapting, through appropriate technical and operational measures and staffing, the provider’s content moderation or recommender systems, its decision- making processes, the operation or functionalities of the service~~, or the content or enforcement of its t~~ insofar as any changes are in full respect for the security and technical integrity of the service in order to protect the right to confidential communications of userms ~~and conditions;~~that are not suspected of online child sexual abuse, and do not amount to general monitoring, nor indisciriminate data retention

Amendment 174 #

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)

(aa) providing technical measures and tools that allow users, and in particular children, to manage their own privacy, visibility, reachability and safety , and that are set to the most secure levels by default;

Amendment 175 #

Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)

(ab) new informing users, keeping in mind children’s needs, about external resources and services in the user’s region on preventing child sexual abuse, counselling by help-lines, information on victim support and educational resources provided by hotlines and child protection organisations;

Amendment 176 #

Proposal for a regulation
Article 4 – paragraph 1 – point a c (new)

(ac) New providing tools in a prominent way on their platform that allow users and potential victims to seek help from their local help-line

Amendment 177 #

Proposal for a regulation
Article 4 – paragraph 1 – point a d (new)

(ad) automatic mechanisms and interface design elements to inform users about external preventive intervention programmes without prejudice to the prohibition of profiling under Article 22 GDPR and the processing of sensitive data under Article 9 GDPR

Amendment 178 #

Proposal for a regulation
Article 4 – paragraph 1 – point b

(b) ~~reinforc~~adapting the provider’s internal processes or the internal supervision of the functioning of the service;

Amendment 179 #

Proposal for a regulation
Article 4 – paragraph 1 – point c

Amendment 180 #

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)

(ca) Providing users of interpersonal communications services, in particular children, with tools to help them learn about, identify and avoid online risks, in particular through the integration of safety assistants.

Amendment 181 #

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)

(ca) without breaking, weakening, circumventing or otherwise undermining end-to-end encryption in the sense of people’s right to confidential communications;.

Amendment 182 #

Proposal for a regulation
Article 4 – paragraph 2 – point a

(a) effective and proportionate in mitigating the identified serious risk;

Amendment 183 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)

(aa) new subject to an implementation plan with clear objectives and methodologies for identifying and quantifying impacts on the identified serious risk and on the exercise of the fundamental rights of all affected parties. The implementation plan shall be reviewed every six months.

Amendment 184 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) targeted and proportionate in relation to that risk, taking into account, in particular, the seriousness of the risk, specific vulnerabilities of children online and offline including age, gender and disability, as well as the provider’s financial and technological capabilities and the number of users;

Amendment 185 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

Amendment 186 #

Proposal for a regulation
Article 4 – paragraph 2 – point c

(c) applied in a diligent and non- discriminatory manner, ~~having due regard~~assessing, in all circumstances, to the potential consequences of the ~~mitigation~~specific measures for the exercise of fundamental rights of all parties affected;

Amendment 187 #

Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)

(da) only introduced following an assessment of the risks the mitigating measures themselves pose for users, in particular if these risks would disproportionately negatively affect persons on the basis of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender or sexual orientation;

Amendment 188 #

Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)

(db) developed in cooperation with children who use the service;

Amendment 189 #

Proposal for a regulation
Article 4 – paragraph 3

Amendment 190 #

Proposal for a regulation
Article 4 – paragraph 3 a (new)

3a. Any requirement to take specific measures shall be without prejudice to Article 8 of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] and shall entail neither a general obligation for hosting services providers to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.

Amendment 191 #

Proposal for a regulation
Article 4 – paragraph 4

4. PWhere appropriate, providers of hosting services and providers of interpersonal communications services shall clearly describe in their terms ~~and conditions~~of service, keeping in mind different possibilities of interpretation, the mitigation measures that they have taken. That description shall not include information that mais likely to significantly reduce the effectiveness of the mitigation measures.

Amendment 192 #

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4a. Specific measures for platforms primarily used for the dissemination of pornographic content Where an online platform is primarily used for the dissemination of user generated pornographic content, the platform shall take the necessary technical and organisational measures to ensure a. user-friendly reporting mechanisms to report alleged child sexual abuse material; b. adequate professional human content moderation to rapidly process notices of alleged child sexual abuse material; c. automatic mechanisms and interface design elements to inform users about external preventive intervention programmes in the user’s region.

Amendment 193 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 4 – paragraph 4 b (new)

4b. Specific measures for number- independent interpersonal communications service within games Providers of online games that operate number-independent interpersonal communications service within their games shall take the necessary technical and organisational measures a) preventing users from initiating unsolicited contact with other users b) facilitating user-friendly reporting of alleged child sexual abuse material; c) providing technical measures and tools that allow users to manage their own privacy, visibility reachability and safety. and that are set to the most secure levels by default d) providing tools in a prominent way on their platform that allow users and potential victims to seek help from their local help-line

Amendment 194 #

Proposal for a regulation
Article 4 – paragraph 5

5. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2, 3 and 4, having due regard in particular to relevant technological developments, trends and evidence reported by law enforcement, hotlines, civil society organisations, EIGE and technology companies, in combating child sexual abuse online and in the manners in which the services covered by those provisions are offered and used.

Amendment 195 #

Proposal for a regulation
Article 4 – paragraph 5

5. The Commission, in cooperation with Coordinating Authorities , the European Data Protection Board and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, ~~2, 3~~ and 42, having due regard in particular to relevant technological developments, trends reported by authorities, civil society organisations and victim support organisations and in the manners in which the services covered by those provisions are offered and used.

Amendment 196 #

Proposal for a regulation
Article 4 – paragraph 5 a (new)

5a. To complement the risk mitigation measures taken by the providers, gender- sensitive and child-friendly education and prevention measures shall be implemented.

Amendment 197 #

Proposal for a regulation
Article 6

Amendment 198 #

Proposal for a regulation
Article 6 – paragraph 1 – point a

(a) make reasonable efforts to ~~assess, where possible together with the providers of software applications, whe~~ensure that software applications can only make available on their platform software applications if prior to the use of their ~~each~~ service ~~offered through the software applications that they intermediate presents a risk of being used for the purpose of the solicitation of children;~~they have obtained the contact details of the provider of software application developing team, without prejudice to Open Source Software, where this may not be possible

Amendment 199 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 6 – paragraph 1 – point b

Amendment 200 #

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) take reasonable measures to prevent child users from accessing the software applications not intended for their use or adapted to their safety needs in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children;

Amendment 201 #

Proposal for a regulation
Article 6 – paragraph 1 – point c

~~(c) take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the measures referred to in point (b).~~deleted

Amendment 202 #

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1a. Security of communications and services Nothing in this regulation shall be construed as requiring or encouraging the prohibition, restriction, circumvention or undermining of the provision or the use of encrypted services.

Amendment 203 #

Proposal for a regulation
Article 6 – paragraph 2

Amendment 204 #

Proposal for a regulation
Article 6 – paragraph 3

Amendment 205 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 6 – paragraph 4

Amendment 206 #

Proposal for a regulation
Article 6 – paragraph 4

4. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2 and 3, having due regard in particular to relevant technological developments, trends and evidence reported by law enforcement, hotlines, civil society organisations, EIGE and technology companies, in combating child sexual abuse online, and to the manners in which the services covered by those provisions are offered and used.

Amendment 207 #

Proposal for a regulation
Article 6 a (new)

Article6a Obligations concerning age verification and for software application stores 1. Providers of software application stores considered as gatekeepers under the Digital Markets Act (EU) 2022/1925 shall: (a) indicate if applications contain features that could pose a risk to children; (b) indicate if measures have been taken to mitigate risks for children, and which measures have been taken; (c) provide guidance for parents on how to discuss risks with their children; (d) provide application developers with an open-source software library that enables age verification requests from inside applications both to European Digital Identity Wallets and third-party services; (e) provide, free of charge, an age- verification service that can respond to age verification requests from inside applications. 2. Providers of European Digital Identity Wallets under the Regulation (EU) No XXX/2023 establishing a framework for a European Digital Identity shall ensure European Digital Identity Wallets can respond to age verification requests from applications without revealing the identity of the user. 3. Third-party age verification services used to fulfil the obligations of this article shall: (a) only retain user personal data for the purpose of fulfilling future requests, and with the explicit consent of the user; (b) Only retain data vital to process future verification request, namely: i. a pseudonymous means of authenticating the user; and ii. the users previously verified date of birth. (c) only use this data of the purpose of age verification; (d) fulfil requests for the deletion of this data pursuant to the GDPR; 4. Where Developers of applications have identified a significant risk of use of the service concerned for the purpose of the solicitation of children, they shall take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to put in place safeguards, namely: (a) take reasonable measures to mitigate the risk, such as adapting the services to children, integrating a safety assistant or modifying or adding safeguards limiting access to certain features; (b) provide children with guidance on risks that will help them identify dangers and make more informed decisions; (c) where the application is manifestly unsuitable for children and cannot be adapted, prevent access. 5. Age verification mechanisms set out in this article shall not be used for the purposes of enabling or facilitating parental control technologies that give access to children’s private communications without their consent.

Amendment 208 #

Proposal for a regulation
Chapter II – Section 2 – title

2 ~~Detec~~Investigation obligations

Amendment 209 #

Proposal for a regulation
Article 7 – title

7 Issuance of ~~detec~~investigation orders

Amendment 210 #

Proposal for a regulation
Article 7 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent independent judicial authority of the Member State that designated it ~~or another independent administrative authority of that Member State to issue a detec~~to issue an investigation order requiring a provider of hosting services or a provider of publicly available number-independent interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to ~~detect~~assist in investigations of a suspected specific person, specific group of people, or a specific incident related to online child sexual abuse on a specific service.

Amendment 211 #

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1a. The Coordinating Authority of establishment shall choose one of the following types of detection order: (a). proactive detection orders, which detect and report known child sexual abuse material under the measures specified in Article 10; (b). preventative detection orders, which detect solicitation and attempts by children to share self-generated abuse material, and assist them in avoiding risks, under the measures specified in Article 10;

Amendment 212 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

Amendment 213 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2

To that end, it may, where appropriate, require the provider to submit the necessary information, additional to the report and the further information referred to in Article 5(1) and (3), respectively, within a reasonable time period set by that Coordinating Authority, or request the EU Centre, another public authority or relevant experts or entities to provide the necessary additional information.

Amendment 214 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point a

Amendment 215 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point c

~~(c) afford the provider an opportunity to comment on the draft request, within a reasonable time period set by that Coordinating Authority;~~deleted

Amendment 216 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – introductory part

Where, having regard to the ~~comments of the provider and the~~ opinion of the EU Centre, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 ~~hav~~are met, it shall re~~-submit the draft request, adjusted where appropriate, to the provider. In that case, the provider shall~~quest the judicial validation of the inquiry/investigation order from the competent judicial authority responsible for the issuing of such orders pursuant to paragraph 4. Upon receipt of judicial validation of the order, the Coordinating Authority shall submit the order, adjusted where appropriate, to the provider. Prior to requesting the judicial validation of the investigation order, the Coordinating Authority shall request the provider to do all of the following, within a reasonable time period set by that Coordinating Authority:

Amendment 217 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a

Amendment 218 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b

Amendment 219 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b

(b) where the draft implementation plan concerns an intended detection order concerning the solicitation of children other than the renewal of a previously issued detection order without any substantive changes, conduct ~~a data protection impact assessment~~impact assessments on data protection, gender, and child rights, and a prior consultation procedure as referred to in Articles 35 and 36 of Regulation (EU) 2016/679, respectively, in relation to the measures set out in the implementation plan;

Amendment 220 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c

(c) where point (b) applies, or where the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met, adjust the draft implementation plan, where necessary in view of the outcome of the ~~data protection~~ impact assessments on data protection, gender, and child rights, and in order to take into account the opinion of the data protection authority provided in response to the prior consultation;

Amendment 221 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c

Amendment 222 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point d

Amendment 223 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3

Where, having regard to the implementation plan of the provider and taking utmost account of the opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the validation and issuance of the ~~detection~~investigation order, adjusted where appropriate, to the competent judicial authority or independent administrative authority. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.

Amendment 224 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part

TBased on reasoned justification, the Coordinating Authority of establishment shall request the issuance of the ~~detec~~investigation order, and the competent judicial authority or independent administrative authority shall issue the ~~detec~~investigation order where it considers that the following conditions are met:

Amendment 225 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a

(a) there is evidence of a s~~ign~~pecific~~ant~~ risk of the service being used by one or more specific suspects for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable;

Amendment 226 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b

(b) the reasons for issuing the ~~detec~~investigation order ~~outweigh~~are necessary and proportionate and minimise negative consequences for the rights and legitimate interests of all parties affected, ~~having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties.~~to protect the rights to privacy, data protection, free expression and access to information of users that are not suspects of online child sexual abuse, including child users

Amendment 227 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 a (new)

(c) nothing in the investigation order can be construed as requiring or encouraging the provider to weaken, break, circumvent or otherwise undermine or limit the encryption, security, or other means of protecting the confidentiality of communications, of the platform or service of the provider as a whole.

Amendment 228 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2

Amendment 229 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point a

Amendment 230 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point b

Amendment 231 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point c

~~(c) the views and the implementation plan of the provider submitted in accordance with paragraph 3;~~deleted

Amendment 232 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point d

~~(d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3.~~deleted

Amendment 233 #

Proposal for a regulation
Article 7 – paragraph 5 – introductory part

Amendment 234 #

Proposal for a regulation
Article 7 – paragraph 5 – point a

(a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is ~~used, to an appreciable extent~~being used by the suspect or suspects of child sexual abuse for the dissemination of known child sexual abuse material;

Amendment 235 #

Proposal for a regulation
Article 7 – paragraph 5 – point b

(b) there is evidence of the service~~, or of a comparable service if the service has not yet~~ having been ~~offer~~used in the ~~Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent~~past 12 months by one or more suspects of child sexual abuse for the dissemination of known child sexual abuse material.

Amendment 236 #

Proposal for a regulation
Article 7 – paragraph 6

Amendment 237 #

Proposal for a regulation
Article 7 – paragraph 6 – introductory part

6. As regards ~~detec~~investigation orders concerning the dissemination of new child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met:

Amendment 238 #

Proposal for a regulation
Article 7 – paragraph 6 – point a

(a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, ~~to an appreciable extent~~by one or more suspects of child sexual abuse, for the dissemination of new child sexual abuse material;

Amendment 239 #

Proposal for a regulation
Article 7 – paragraph 6 – point b

(b) there is evidence of the service, ~~or of a comparable service if the service has not yet~~having been ~~offer~~used in the ~~Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent~~past 12 months by one or more suspects of child sexual abuse , for the dissemination of new child sexual abuse material;

Amendment 240 #

Proposal for a regulation
Article 7 – paragraph 6 – point c – point 1

(1) a ~~detec~~investigation order concerning the dissemination of known child sexual abuse material has been issued in respect of the service;

Amendment 241 #

(2) the provider submitted a significant number of reports concerning known child sexual abuse material, detected through the measures taken to execute the detection order referred to in point (1), pursuant to Article 12.deleted

Amendment 242 #

Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – introductory part

As regards preventative detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met:

Amendment 243 #

Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – introductory part

As regards ~~detec~~investigation orders concerning the solicitation of children, the s~~ign~~pecific~~ant~~ risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met:

Amendment 244 #

Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – point a

(a) the provider qualifies as a provider of publicly available number-independent interpersonal communication services;

Amendment 245 #

Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – point b

(b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, ~~to an appreciable extent~~by one or more suspects of child sexual abuse, for the solicitation of children;

Amendment 246 #

Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – point c

(c) there is evidence of the service, ~~or of a comparable service if the service has not yet~~having been ~~offer~~used in the ~~Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent~~past 12 months by one or more suspects of child sexual abuse, for the solicitation of children.

Amendment 247 #

Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 2

~~The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user.~~deleted

Amendment 248 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1

The Coordinating Authority of establishment when requesting the judicial validation and the issuance of ~~detec~~investigation orders, and the competent judicial ~~or independent administrative~~ authority when issuing the ~~detec~~investigation order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary ~~to effectively address the significant risk referred to in point (a) thereof~~and proportionate to obtain the information required to effectively investigate the case , and collect the information required to assess the existence of a criminal case.

Amendment 249 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2

Amendment 250 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point a

(a) where th~~at risk~~e suspicion of online child sexual abuse by one or more specific individuals is limited to an identifiable part or component of a service, the required measures are only applied in respect of that part or component;

Amendment 251 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point b

(b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4), (5) ~~and (6)~~ are provided for;

Amendment 252 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 a (new)

(d) nothing in the investigation order can be construed as requiring or encouraging the provider to weaken, break, circumvent or otherwise undermine or limit the encryption, security, or other means of protecting the confidentiality of communications, of the platform or service of the provider.

Amendment 253 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1

Amendment 254 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2

The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the ~~detec~~investigation order. It shall not be earlier than three months from the date at which the provider received the ~~detec~~investigation order and not be later than 12 months from that date.

Amendment 255 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 3

Amendment 256 #

Proposal for a regulation
Article 8 – title

8 Additional rules regarding ~~detec~~investigation orders

Amendment 257 #

Proposal for a regulation
Article 8 – title

8 Additional rules regarding ~~detec~~investigation orders

Amendment 258 #

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

Amendment 259 #

Proposal for a regulation
Article 8 – paragraph 1 – point a

(a) information regarding the measures to be taken to execute the ~~detec~~investigation order, including on the suspect or group of suspects or incident concerned, the temporal scope, the indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3) and, where applicable, any additional safeguards as referred to in Article 7(8); All rights with respect to being a suspect under EU law must be upheld.

Amendment 260 #

Proposal for a regulation
Article 8 – paragraph 1 – point b

(b) identification details of the competent judicial authority ~~or the independent administrative authority~~ issuing the ~~detec~~investigation order and authentication of th~~e detec~~at investigation order by that judicial ~~or independent administrative~~ authority;

Amendment 261 #

Proposal for a regulation
Article 8 – paragraph 1 – point d

(d) the specific service in respect of which the ~~detec~~investigation order is issued and, where applicable, the part or component of the service affected as referred to in Article 7(8);

Amendment 262 #

Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)

(da) the type of detection order;

Amendment 263 #

Proposal for a regulation
Article 8 – paragraph 1 – point e

(e) whether the ~~detec~~investigation order issued concerns the possible dissemination of known or ~~new~~previously unknown child sexual abuse material or the solicitation of children;

Amendment 264 #

Proposal for a regulation
Article 8 – paragraph 1 – point f

(f) the start date and the end date of the ~~detec~~investigation order;

Amendment 265 #

Proposal for a regulation
Article 8 – paragraph 1 – point g

(g) a ~~sufficiently~~ detailed statement of reasons explaining why the ~~detec~~investigation order is issued;

Amendment 266 #

Proposal for a regulation
Article 8 – paragraph 1 – point h

(h) the factual and legal grounds justifying the issuing of the order, and a reference to this Regulation as the legal basis for the ~~detec~~investigation order;

Amendment 267 #

Proposal for a regulation
Article 8 – paragraph 1 – point i

(i) the date, time stamp and electronic signature of the judicial ~~or independent administrative~~ authority issuing the ~~detec~~investigation order;

Amendment 268 #

Proposal for a regulation
Article 8 – paragraph 1 – point j

Amendment 269 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

Amendment 270 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2

Amendment 271 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 3

The ~~detec~~investigation order shall be drafted in the language declared by the provider pursuant to Article 23(3).

Amendment 272 #

Proposal for a regulation
Article 8 – paragraph 3

3. If the provider cannot execute the ~~detec~~investigation order because it contains ~~manifest errors~~errors or it appears unnecessary or disproportionate, in particular on the rights and freedoms of persons not reasonably suspected of online child sexual abuse or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary correction or clarification to the Coordinating Authority of establishment, using the template set out in Annex II.

Amendment 273 #

Proposal for a regulation
Article 8 – paragraph 4 a (new)

4a. Scope of preservation orders Investigation orders may require the expedited preservation by the provider, insofar as the data is under their control, and accessible without the need to alter the design or operation of their platform or service, of one or more of the following, including new data generated after issuance of the order, as part of a planned or current law enforcement operation with respect for the principle of data minimisation, and without prejudice to requirements to comply with laws on data retention; a) Traffic data: i) Pseudonyms, screen names or other identifiers used by the subject(s) of the investigation; ii) Network identifiers, such as IP addresses, port numbers, or MAC addresses used by, or associated with, the subject(s) of the investigation; iii) Any other traffic data, including metadata, of any activity linked to subject(s) of the investigation; b) Content data: i) Copies of any data uploaded, downloaded or otherwise communicated by the subject(s) of the investigation; 2. Access to the data shall be made available to law enforcement authorities on the basis of the national law of the country of establishment of the provider. 3. The provider shall inform all users concerned of the investigation order, unless the issuing authority instructs it, on the basis of a reasoned opinion, not to do so. 4. Investigation orders may require providers to provide support for law enforcement authorities. Such support shall be technically feasible, clearly defined, subject to specific judicial oversight, necessary proportionate and respect the fundamental rights of all parties involved. 5. Such orders shall be strictly time limited, and all data shall be deleted by the provider as soon as it has been successfully transferred to the relevant law enforcement agency, or the investigation is closed, or the subjects of the order deemed to be no longer of interest;

Amendment 274 #

Proposal for a regulation
Article 8 – paragraph 4 b (new)

4b. Notification mechanism 1. Providers of hosting services and providers of interpersonal communication services shall establish mechanisms that allow users to notify to them the presence on their service of specific items or activities that the user considers to be potential child sexual abuse material, in particular previously unknown child sexual abuse material and solicitation of children. Those mechanisms shall be easy to access and user-friendly, child-friendly and shall allow for the submission of notices exclusively by electronic means. 2. Where the notice contains the electronic contact information of the user who submitted it , the provider shall without undue delay send a confirmation or receipt to the user. 3. Providers shall ensure that such notices are processed without undue delay.

Amendment 275 #

Proposal for a regulation
Article 9 – title

9 Redress, information, reporting and modification of ~~detec~~investigation orders

Amendment 276 #

Proposal for a regulation
Article 9 – paragraph 1

1. Providers of hosting services and providers of publicly available number- independent interpersonal communications services that have received a ~~detec~~n investigation order, as well as ~~users~~the suspect(s) affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the ~~detec~~investigation order before the courts of the Member State of the competent judicial authority o~~r independent administrative authority~~ that issued the ~~detec~~investigation order.

Amendment 277 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1

Amendment 278 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2

Amendment 279 #

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1

Where the period of application of the ~~detec~~investigation order exceeds 12 months, or six months in the case of a ~~detec~~n investigation order concerning the solicitation of children, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the ~~detec~~investigation order at least once, halfway through the period of application.

Amendment 280 #

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2

Amendment 281 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

In respect of the ~~detec~~investigation orders that the competent judicial authority ~~or independent administrative authority~~ issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the ~~detec~~investigation orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the s~~ign~~pecific~~ant~~ risk identified at the time of the issuance of the ~~detec~~investigation order.

Amendment 282 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

Amendment 283 #

Proposal for a regulation
Article 10 – paragraph 1

1. Providers of hosting services and providers of interpersonal communication services that are not end-to end encrypted, and that have received a proactive detection order shall execute it by installing and operating technologies to detect the dissemination of known ~~or new~~ child sexual abuse material ~~or the solicitation of children, as applicable~~, using the corresponding indicators provided by the EU Centre in accordance with Article 46.

Amendment 284 #

Proposal for a regulation
Article 10 – paragraph 1 a (new)

1a. 1a. Providers of hosting services and providers of interpersonal communication services that have received a preventative detection order shall execute it by integrating technologies into the software used to access their services in order to: (a). detect when children attempt to use their services to send intimate images, and provide: (i). guidance on the risks of sharing intimate images, in particular with strangers, and a design that discourages sharing; (ii). a disclaimer about the potential illegality of sharing intimate images, even with partners, when they are under 18; (iii). specific measures to reduce the likelihood images will be reshared, such as preventing images from leaving the software application, disallowing forwarding of images, and preventing screenshots; (iv). a “help” button, displayed prominently on any intimate images sent which the sender can use to retract the image, to seek help and advice, or to request the image hash be sent to a takedown service; (b). detect potential attempted solicitation of children using their services, and provide: (i). an age-appropriate warning about the conversation, strongly advising against continuing the conversation, and in particular, against sharing photos and personal information, and encouraging the child user to speak to a trusted adult; (ii). guidance for trusted adults in discussing the attempted solicitation, with an emphasis on building a relationship of trust between the child and the trusted adult; (iii). where the child does not feel comfortable sharing the conversation with a trusted adult, an option to ask moderators of the service for their advice; (iv). an option to block or report the user.

Amendment 285 #

Proposal for a regulation
Article 10 – paragraph 1 b (new)

1b. 1b. Technologies used in preventative detection orders to detect grooming shall only report detection in cases where the potential victim, trusted adult, or moderator explicitly choose to. Where end-to-end encryption is used the detection should be done entirely on the users’ device.

Amendment 286 #

Proposal for a regulation
Article 10 – paragraph 1 c (new)

1c. 1c. Technologies used in preventative detection orders to detect when children attempt to use their services to send intimate images shall not report these users in any way, Where end- to-end encryption is used the detection should be done entirely on the users’ device.

Amendment 287 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 10 – paragraph 1 d (new)

1d. 1d. The Coordinating Authority shall be empowered to request services take further preventative measures so long as those measures do not involve reporting, and only after approval by the relevant Data Protection Authority.

Amendment 288 #

Proposal for a regulation
Article 10 – paragraph 4 – point d

(d) establish and operate an accessible, age-appropriate, gender-sensitive, and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner;

Amendment 289 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 11 – paragraph 1

The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments, trends and evidence reported by law enforcement, hotlines, civil society organisations, EIGE and technology companies, in combating child sexual abuse online, and the manners in which the services covered by those provisions are offered and used.

Amendment 290 #

Proposal for a regulation
Article 12 – paragraph 1

1. Where a provider of hosting services or a provider of ~~interpersonal communications services becomes aware~~publicly available number-independent interpersonal communications services has actual knowledge of alleged online child sexual abuse on its services in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report using state of the art encryption thereon to the EU Centre in accordance with Article 13 and shall expeditiously disable access to such content, and remove such content once the EU Centre confirms this will not prejudice an ongoing investigation. It shall do so through the system established in accordance with Article 39(2).

Amendment 291 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

Where the provider submits a report pursuant to paragraph 1, it shall ~~inform the user concerned, providing~~request authorisation from the EU Centre to inform the user concerned, where the Centre shall reply without undue delay, at maximum within two days. The notification to the user shall include information on the main content of the report, on the manner in which the provider has become aware of the ~~potential~~alleged child sexual abuse concerned, on the follow-up given to the report insofar as such information is available to the provider and on the user’s possibilities of redress, including on the right to submit complaints to the Coordinating Authority in accordance with Article 34.

Amendment 292 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

The provider shall ~~inform the user concerned without undue delay, either after having received a communication from the EU Centre indicating that it considers the report to be manifestly unfounded as~~ establish and operate an accessible and user-friendly mechanism with age-appropriate options that allows users to flag, anonymously if preferred, to in Article 48(2), or after the expiry of a time period of three months from the date of the report without having received a communication from the EU Centre indicating that the information is not to be provided as referred to in Article 48(6), point (a), whichever occurs firstthe provider potential online child sexual abuse or potential solicitation of children on the service.

Amendment 293 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3

Amendment 294 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 12 – paragraph 3

3. The provider shall establish and operate an accessible~~, age-appropriate~~ and user-friendly mechanism ~~that allows users to flag~~with age-appropriate options that allows users to flag, anonymously if preferred, to the provider potential online child sexual abuse or potential solicitation of children on the service.

Amendment 295 #

Proposal for a regulation
Article 12 – paragraph 3

3. The provider shall establish and operate an accessible~~, age-appropriate~~ and user-friendly mechanism with gender and age- appropriate options that allows users to flag to the provider, including anonymously, potential online child sexual abuse on the service.

Amendment 296 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 12 – paragraph 3 a (new)

3a. New possible child sexual abuse material reported by a user shall immediately be assessed to determine the probability that the material represent risk or harm to a child. If the potential online child sexual abuse on the service is flagged by a user known to be a child, the provider shall provide the child with essential information on online safety and specialist child support services, such as helplines and hotlines, in addition to the reporting of the material.

Amendment 297 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

Amendment 298 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) ~~all content data, including images, videos and text;~~encrypted versions of all child sexual abuse , being reported

Amendment 299 #

Proposal for a regulation
Article 13 – paragraph 1 – point d

(d) a list of all available data other than content data related to the potential online child sexual abuse preserved in line with the preservation order in article 8a;

Amendment 300 #

Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)

(da) a list of all traffic data and metadata retained in relation to the potential online child sexual abuse, which could be made available to law enforcement authorities, together with information concerning default storage periods.

Amendment 301 #

Proposal for a regulation
Article 13 – paragraph 1 – point f

~~(f) information concerning the geographic location related to the potential online child sexual abuse, such as the Internet Protocol address;~~deleted

Amendment 302 #

Proposal for a regulation
Article 13 – paragraph 1 – point g

~~(g) information concerning the identity of any user involved in the potential online child sexual abuse;~~deleted

Amendment 303 #

Proposal for a regulation
Article 13 – paragraph 1 – point i

(i) where the ~~potentia~~alleged l online child sexual abuse concerns the dissemination of known or ~~new~~previously unknown child sexual abuse material, whether the provider has removed or disabled access to the material;

Amendment 304 #

Proposal for a regulation
Article 13 – paragraph 1 – point j

(j) in indication whether the provider considers that the report requires urgent action;

Amendment 305 #

Proposal for a regulation
Article 14 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it ~~or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting~~to issue a removal order requiring a provider of hosting services or publicly available number-independent interpersonal communications services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the ~~Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1)~~competent judicial authority identified as constituting child sexual abuse material.

Amendment 306 #

Proposal for a regulation
Article 14 – paragraph 1 a (new)

1a. Before requesting a removal order, the Coordinating Authority of establishment and competent judicial authority shall take all reasonable steps to ensure that implementing the order will not interfere with activities for the investigation and prosecution of child sexual abuse offences.

Amendment 307 #

Proposal for a regulation
Article 14 – paragraph 1 b (new)

1b. Removal orders shall be issued by judicial authorities in line with Article 9 on Orders to act against illegal content of the Regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.

Amendment 308 #

Proposal for a regulation
Article 14 – paragraph 3 – introductory part

3. The competent judicial authority o~~r the independent administrative authority~~ shall issue a removal order using the template set out in Annex IV. Removal orders shall include:

Amendment 309 #

Proposal for a regulation
Article 14 – paragraph 3 – point a

(a) identification details of the judicial ~~or independent administrative~~ authority issuing the removal order and authentication of the removal order by that authority;

Amendment 310 #

Proposal for a regulation
Article 14 – paragraph 3 – point c

~~(c) the specific service for which the removal order is issu~~deleted;

Amendment 311 #

Proposal for a regulation
Article 14 – paragraph 3 – point h

(h) the date, time stamp and electronic signature of the judicial ~~or independent administrative~~ authority issuing the removal order;

Amendment 312 #

Proposal for a regulation
Article 14 – paragraph 3 – point i

(i) easily understandable and accessible information about ~~the~~ redress options that the service has to make available to the addressee of the removal order in their language setting, including information about redress to a court and about the time periods applicable to such redress. , taking into account the different needs of people with a disability

Amendment 313 #

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1

The judicial authority ~~or the independent administrative~~ issuing the removal order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.

Amendment 314 #

Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1

If the provider cannot execute the removal order on grounds of force majeure or de facto impossibility not attributable to it, including for objectively justifiable technical or operational reasons, it shall, without undue delay, inform the Coordinating Authority of establishment of those grounds including evidence, using the template set out in Annex V.

Amendment 315 #

Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 1

If the provider cannot execute the removal order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex V. The Coordinating Authority shall reply without undue delay, at maximum within two days.

Amendment 316 #

Proposal for a regulation
Article 15 – paragraph 1

1. Providers of hosting services or publicly available number-independent interpersonal communications services that have received a removal order issued in accordance with Article 14, as well as the users who ~~provided~~engaged with the material, shall have the right to an effective, and if applicable, collective redress. That right shall include the right to challenge such a removal order before the courts of the Member State of the competent judicial authority ~~or independent administrative authority~~ that issued the removal order.

Amendment 317 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

Amendment 318 #

Proposal for a regulation
Article 15 – paragraph 3 – point b

(b) the reasons for the removal or disabling, providing a copy of the removal order upon ~~the user’s request;~~

Amendment 319 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 (new)

(d) information about external resources and services in the user’s region on preventing child sexual abuse, counselling by help-lines, information on victim support and educational resources provided by hotlines and child protection organisations; (e) this information will be provided in an easily understandable, accessible manner, in the language setting of the user, taking into account the different needs of persons with a disability.

Amendment 320 #

Proposal for a regulation
Article 15 – paragraph 3 – point c a (new)

(ca) if the user is a child, referral to competent national support services and essential information on online safety, in a child-friendly language.

Amendment 321 #

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1

The Coordinating Authority of establishment may request, when requesting the judicial authority or independent administrative authority issuing the removal order, and after having consulted with relevant public authorities, that the provider is not to disclose any information regarding the removal of or disabling of access to the child sexual abuse material, where and to the extent necessary to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.deleted

Amendment 322 #

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1

The Coordinating Authority of establishment may request, when requesting the judicial authority or independent administrative authority issuing the removal order, and after having consulted with relevant public authorities, that the provider is not to disclose any information regarding the removal of or disabling of access to the child sexual abuse material, where and to the extent necessary to avoid interfering with activities for the ~~prevention, detection,~~ investigation and prosecution of child sexual abuse offences.

Amendment 323 #

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2

In such a case: (a) the judicial authority or independent administrative authority issuing the removal order shall set the time period not longer than necessary and not exceeding six weeks, during which the provider is not to disclose such information; (b) the obligations set out in paragraph 3 shall not apply during that time period; (c) that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period.deleted

Amendment 324 #

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point a

(a) the judicial authority or independent administrative authority issuing the removal order shall set the time period not longer than necessary and not exceeding six weeks, during which the provider is not to disclose such information;deleted

Amendment 325 #

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point b

~~(b) the obligations set out in paragraph 3 shall not apply during that time period;~~deleted

Amendment 326 #

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point c

~~(c) that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period.~~deleted

Amendment 327 #

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 3

That judicial authority or independent administrative authority may decide to extend the time period referred to in the second subparagraph, point (a), by a further time period of maximum six weeks, where and to the extent the non- disclosure continues to be necessary. In that case, that judicial authority or independent administrative authority shall inform the provider of its decision, specifying the applicable time period. Article 14(3) shall apply to that decision.deleted

Amendment 328 #

Proposal for a regulation
Chapter II – Section 5

~~[...]~~deleted

Amendment 329 #

Proposal for a regulation
Article 16

~~[...]~~deleted

Amendment 330 #

Proposal for a regulation
Article 16 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or an independent administrative authority of that Member State to issue a blocking order requiring a provider of internet access services under the jurisdiction of that Member State to take reasonable measures to prevent users from accessing known child sexual abuse material indicated by all uniform resource locators on the list of uniform resource locators included in the database of indicators, in accordance with Article 44(2), point (b) and provided by the EU Centre.deleted

Amendment 331 #

Proposal for a regulation
Article 16 – paragraph 1

1. TOnce all other means available to remove abuse material have been exhausted, the Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or an independent administrative authority of that Member State to issue a blocking order requiring a provider of internet access services under the jurisdiction of that Member State to take reasonable measures to prevent users from accessing known child sexual abuse material indicated by all uniform resource locators on the list of uniform resource locators included in the database of indicators, in accordance with Article 44(2), point (b) and provided by the EU Centre.

Amendment 332 #

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1

The Coordinating Authority of establishment shall, before requesting the issuance of a blocking order, carry out all investigations and assessments necessary to determine whether the conditions of paragraph 4 have been met.deleted

Amendment 333 #

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2

To that end, it shall, where appropriate: (a) verify that, in respect of all or a representative sample of the uniform resource locators on the list referred to in paragraph 1, the conditions of Article 36(1), point (b), are met, including by carrying out checks to verify in cooperation with the EU Centre that the list is complete, accurate and up-to-date; (b) require the provider to submit, within a reasonable time period set by that Coordinating Authority, the necessary information, in particular regarding the accessing or attempting to access by users of the child sexual abuse material indicated by the uniform resource locators, regarding the provider’s policy to address the risk of dissemination of the child sexual abuse material and regarding the provider’s financial and technological capabilities and size; (c) request the EU Centre to provide the necessary information, in particular explanations and assurances regarding the accuracy of the uniform resource locators in indicating child sexual abuse material, regarding the quantity and nature of that material and regarding the verifications by the EU Centre and the audits referred to in Article 36(2) and Article 46(7), respectively; (d) request any other relevant public authority or relevant experts or entities to provide the necessary information.deleted

Amendment 334 #

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point a

(a) verify that, in respect of all or a representative sample of the uniform resource locators on the list referred to in paragraph 1, the conditions of Article 36(1), point (b), are met, including by carrying out checks to verify in cooperation with the EU Centre that the list is complete, accurate and up-to-date;deleted

Amendment 335 #

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point b

(b) require the provider to submit, within a reasonable time period set by that Coordinating Authority, the necessary information, in particular regarding the accessing or attempting to access by users of the child sexual abuse material indicated by the uniform resource locators, regarding the provider’s policy to address the risk of dissemination of the child sexual abuse material and regarding the provider’s financial and technological capabilities and size;deleted

Amendment 336 #

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point c

(c) request the EU Centre to provide the necessary information, in particular explanations and assurances regarding the accuracy of the uniform resource locators in indicating child sexual abuse material, regarding the quantity and nature of that material and regarding the verifications by the EU Centre and the audits referred to in Article 36(2) and Article 46(7), respectively;deleted

Amendment 337 #

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point d

~~(d) request any other relevant public authority or relevant experts or entities to provide the necessary information.~~deleted

Amendment 338 #

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point d a (new)

(da) the content is hosted outside of the European Union or territories under the jurisdiction of its member states, by an entity that has no legal representative in the European Union or territories under the jurisdiction of its member states;

Amendment 339 #

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point d b (new)

(db) the coordinating authority, EU centre and national law enforcement organisations have taken all possible measures to have the content removed, including: i. contacting the hosting service where the material is stored in order to request removal; ii. contacting law enforcement in the country where the content is hosted to request their assistance in removing the material;

Amendment 340 #

Proposal for a regulation
Article 16 – paragraph 3

3. The Coordinating Authority of establishment shall, before requesting the issuance of the blocking order, inform the provider of its intention to request the issuance of the blocking order, specifying the main elements of the content of the intended blocking order and the reasons to request the blocking order. It shall afford the provider an opportunity to comment on that information, within a reasonable time period set by that Coordinating Authority.deleted

Amendment 341 #

Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1

The Coordinating Authority of establishment shall request the issuance of the blocking order, and the competent judicial authority or independent authority shall issue the blocking order, where it considers that the following conditions are met: (a) there is evidence of the service having been used during the past 12 months, to an appreciable extent, for accessing or attempting to access the child sexual abuse material indicated by the uniform resource locators; (b) the blocking order is necessary to prevent the dissemination of the child sexual abuse material to users in the Union, having regard in particular to the quantity and nature of that material, the need to protect the rights of the victims and the existence and implementation by the provider of a policy to address the risk of such dissemination; (c) the uniform resource locators indicate, in a sufficiently reliable manner, child sexual abuse material; (d) the reasons for issuing the blocking order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties, including the exercise of the users’ freedom of expression and information and the provider’s freedom to conduct a business.deleted

Amendment 342 #

Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point a

(a) there is evidence of the service having been used during the past 12 months, to an appreciable extent, for accessing or attempting to access the child sexual abuse material indicated by the uniform resource locators;deleted

Amendment 343 #

Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point b

(b) the blocking order is necessary to prevent the dissemination of the child sexual abuse material to users in the Union, having regard in particular to the quantity and nature of that material, the need to protect the rights of the victims and the existence and implementation by the provider of a policy to address the risk of such dissemination;deleted

Amendment 344 #

Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point c

~~(c) the uniform resource locators indicate, in a sufficiently reliable manner, child sexual abuse material;~~deleted

Amendment 345 #

Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point d

(d) the reasons for issuing the blocking order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties, including the exercise of the users’ freedom of expression and information and the provider’s freedom to conduct a business.deleted

Amendment 346 #

Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 2

When assessing whether the conditions of the first subparagraph have been met, account shall be taken of all relevant facts and circumstances of the case at hand, including any information obtained pursuant to paragraph 2 and the views of the provider submitted in accordance with paragraph 3.deleted

Amendment 347 #

Proposal for a regulation
Article 16 – paragraph 5

5. The Coordinating Authority of establishment when requesting the issuance of blocking orders, and the competent judicial or independent administrative authority when issuing the blocking order, shall: (a) specify effective and proportionate limits and safeguards necessary to ensure that any negative consequences referred to in paragraph 4, point (d), remain limited to what is strictly necessary; (b) subject to paragraph 6, ensure that the period of application remains limited to what is strictly necessary.deleted

Amendment 348 #

Proposal for a regulation
Article 16 – paragraph 5 – point a

~~(a) specify effective and proportionate limits and safeguards necessary to ensure that any negative consequences referred to in paragraph 4, point (d), remain limited to what is strictly necessary;~~deleted

Amendment 349 #

Proposal for a regulation
Article 16 – paragraph 5 – point b

~~(b) subject to paragraph 6, ensure that the period of application remains limited to what is strictly necessary.~~deleted

Amendment 350 #

Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 1

~~The Coordinating Authority shall specify in the blocking order the period during which it applies, indicating the start date and the end date.~~deleted

Amendment 351 #

Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 2

~~The period of application of blocking orders shall not exceed five years.~~deleted

Amendment 352 #

Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 2

The period of application of blocking orders shall not exceed ~~five years~~two years. Should the Coordinating Authority wish to renew or extend blocking, they must show that renewed attempts have been made to have the content removed within four months of the renewal or extension.

Amendment 353 #

Proposal for a regulation
Article 16 – paragraph 7 – subparagraph 1

In respect of the blocking orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority shall, where necessary and at least once every year, assess whether any substantial changes to the grounds for issuing the blocking orders occurred and, in particular, whether the conditions of paragraph 4 continue to be met.deleted

Amendment 354 #

Proposal for a regulation
Article 16 – paragraph 7 – subparagraph 2

That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the blocking order the modification or revocation of such order, where necessary in the light of the outcome of that assessment or to take account of justified requests or the reports referred to in Article 18(5) and (6), respectively. The provisions of this Section shall apply to such requests, mutatis mutandis.deleted

Amendment 355 #

Proposal for a regulation
Article 17

~~[...]~~deleted

Amendment 356 #

Proposal for a regulation
Article 17 – paragraph 1

1. The Coordinating Authority of establishment shall issue the blocking orders referred to in Article 16 using the template set out in Annex VII. Blocking orders shall include: (a) the reference to the list of uniform resource locators, provided by the EU Centre, and the safeguards to be provided for, including the limits and safeguards specified pursuant to Article 16(5) and, where applicable, the reporting requirements set pursuant to Article 18(6); (b) identification details of the competent judicial authority or the independent administrative authority issuing the blocking order and authentication of the blocking order by that authority; (c) the name of the provider and, where applicable, its legal representative; (d) the specific service in respect of which the detection order is issued; (e) the start date and the end date of the blocking order; (f) a sufficiently detailed statement of reasons explaining why the blocking order is issued; (g) a reference to this Regulation as the legal basis for the blocking order; (h) the date, time stamp and electronic signature of the judicial authority or the independent administrative authority issuing the blocking order; (i) easily understandable information about the redress available to the addressee of the blocking order, including information about redress to a court and about the time periods applicable to such redress.deleted

Amendment 357 #

Proposal for a regulation
Article 17 – paragraph 1 – point a

(a) the reference to the list of uniform resource locators, provided by the EU Centre, and the safeguards to be provided for, including the limits and safeguards specified pursuant to Article 16(5) and, where applicable, the reporting requirements set pursuant to Article 18(6);deleted

Amendment 358 #

Proposal for a regulation
Article 17 – paragraph 1 – point b

~~(b) identification details of the competent judicial authority or the independent administrative authority issuing the blocking order and authentication of the blocking order by that authority;~~deleted

Amendment 359 #

Proposal for a regulation
Article 17 – paragraph 1 – point c

~~(c) the name of the provider and, where applicable, its legal representative;~~deleted

Amendment 360 #

Proposal for a regulation
Article 17 – paragraph 1 – point d

~~(d) the specific service in respect of which the detection order is issued;~~deleted

Amendment 361 #

Proposal for a regulation
Article 17 – paragraph 1 – point e

~~(e) the start date and the end date of the blocking order;~~deleted

Amendment 362 #

Proposal for a regulation
Article 17 – paragraph 1 – point f

~~(f) a sufficiently detailed statement of reasons explaining why the blocking order is issued;~~deleted

Amendment 363 #

Proposal for a regulation
Article 17 – paragraph 1 – point f

~~(f) a sufficiently detailed statement of reasons explaining why the blocking order is issued;~~deleted

Amendment 364 #

Proposal for a regulation
Article 17 – paragraph 1 – point g

~~(g) a reference to this Regulation as the legal basis for the blocking order;~~deleted

Amendment 365 #

Proposal for a regulation
Article 17 – paragraph 1 – point h

~~(h) the date, time stamp and electronic signature of the judicial authority or the independent administrative authority issuing the blocking order;~~deleted

Amendment 366 #

Proposal for a regulation
Article 17 – paragraph 1 – point i

(i) easily understandable information about the redress available to the addressee of the blocking order, including information about redress to a court and about the time periods applicable to such redress.deleted

Amendment 367 #

Proposal for a regulation
Article 17 – paragraph 2

2. The competent judicial authority or independent administrative authority issuing the blocking order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.deleted

Amendment 368 #

Proposal for a regulation
Article 17 – paragraph 3

3. The blocking order shall be transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2).deleted

Amendment 369 #

Proposal for a regulation
Article 17 – paragraph 4

~~4. The blocking order shall be drafted in the language declared by the provider pursuant to Article 23(3).~~deleted

Amendment 370 #

Proposal for a regulation
Article 17 – paragraph 5

5. If the provider cannot execute the blocking order because it contains manifest errors or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex VIII.deleted

Amendment 371 #

~~6. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 86 in order to amend Annexes VII and VIII where necessary to improve the templates in view of relevant technological developments or practical experiences gained.~~

Amendment 372 #

Proposal for a regulation
Article 18

~~[...]~~deleted

Amendment 373 #

Proposal for a regulation
Article 18 – paragraph 1

1. Providers of internet access services that have received a blocking order, as well as users who provided or were prevented from accessing a specific item of material indicated by the uniform resource locators in execution of such orders, shall have a right to effective redress. That right shall include the right to challenge the blocking order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the blocking order.deleted

Amendment 374 #

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1

When the blocking order becomes final, the competent judicial authority or independent administrative authority that issued the blocking order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).deleted

Amendment 375 #

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2

For the purpose of the first subparagraph, a blocking order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the removal order following an appeal.deleted

Amendment 376 #

Proposal for a regulation
Article 18 – paragraph 3

3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section. It shall process such complaints in an objective, effective and timely manner.deleted

Amendment 377 #

Proposal for a regulation
Article 18 – paragraph 4

4. Where a provider prevents users from accessing the uniform resource locators pursuant to a blocking order issued in accordance with Article 17, it shall take reasonable measures to inform the users of the following: (a) the fact that it does so pursuant to a blocking order; (b) the reasons for doing so, providing, upon request, a copy of the blocking order; (c) the users’ right of judicial redress referred to in paragraph 1, their rights to submit complaints to the provider through the mechanism referred to in paragraph 3 and to the Coordinating Authority in accordance with Article 34, as well as their right to submit the requests referred to in paragraph 5.deleted

Amendment 378 #

Proposal for a regulation
Article 18 – paragraph 4 – point a

~~(a) the fact that it does so pursuant to a blocking order;~~deleted

Amendment 379 #

Proposal for a regulation
Article 18 – paragraph 4 – point b

~~(b) the reasons for doing so, providing, upon request, a copy of the blocking order;~~deleted

Amendment 380 #

Proposal for a regulation
Article 18 – paragraph 4 – point c

(c) the users’ right of judicial redress referred to in paragraph 1, their rights to submit complaints to the provider through the mechanism referred to in paragraph 3 and to the Coordinating Authority in accordance with Article 34, as well as their right to submit the requests referred to in paragraph 5.deleted

Amendment 381 #

Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1

The provider and the users referred to in paragraph 1 shall be entitled to request the Coordinating Authority that requested the issuance of the blocking order to assess whether users are wrongly prevented from accessing a specific item of material indicated by uniform resource locators pursuant to the blocking order. The provider shall also be entitled to request modification or revocation of the blocking order, where it considers it necessary due to substantial changes to the grounds for issuing the blocking orders that occurred after the issuance thereof, in particular substantial changes preventing the provider from taking the required reasonable measures to execute the blocking order,deleted

Amendment 382 #

Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 2

The Coordinating Authority shall, without undue delay, diligently assess such requests and inform the provider or the user submitting the request of the outcome thereof. Where it considers the request to be justified, it shall request modification or revocation of the blocking order in accordance with Article 16(7) and inform the EU Centre.deleted

Amendment 383 #

Proposal for a regulation
Article 18 – paragraph 6

6. Where the period of application of the blocking order exceeds 24 months, the Coordinating Authority of establishment shall require the provider to report to it on the measures taken to execute the blocking order, including the safeguards provided for, at least once, halfway through the period of application.deleted

Amendment 384 #

Proposal for a regulation
Article 19 – paragraph 1

Providers of relevant information society services shall not be legally liable for child sexual abuse offences ~~solely becaus~~if in good faith and with due diligence they carry out~~, in good faith,~~ the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements.

Amendment 385 #

Proposal for a regulation
Article 20 – title

Victims’ right to information and access to support

Amendment 386 #

Proposal for a regulation
Article 20 – title

20 Victims’ right to information and support

Amendment 387 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1

~~Persons residing~~Victims of child sexual abuse material hosted or disseminated in the Union or their representatives and persons in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they ~~reside,~~live or Coordinating Authority of their choosing, easily understandable and accessible information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. The request can cover both an occasional request as well as a periodic request. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them., and the information in question should be given on the basis of the indicated language by that person

Amendment 388 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1

~~Person~~Victims, or the holders of parental responsibility for the victims or the legal guardians of the victims residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. ~~Person~~Victims with disabilities shall have the right to ask and receive such an information in a manner accessible to them. or in a simple and understandable manner. This shall be done within a reasonable period of time.

Amendment 389 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1

Persons residing in the Union shall have the right to receive, upon their request or on the request of their legal guardian or legal representative, from the Coordinating Authority designated by the Member State where they reside, age-appropriate information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them.

Amendment 390 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)

Victims of child sexual abuse or their representatives and persons living in the Union shall have the right to receive, upon their request, from the Coordinating Authority information regarding victim’s rights, support and assistance. The information shall be age-appropriate, accessible and gender-sensitive and shall include at a minimum: (a) the type of support they can obtain and from whom, including, where relevant, basic information about access to medical support, any specialist support, including psychological or social support, and alternative accommodation; (b) the procedures for making complaints with regard to a criminal offence and their role in connection with such procedures; ( c) how and under what conditions they can obtain protection, including protection measures; (d) how and under what conditions they can access legal advice, legal aid and any other sort of advice; (e) how and under what conditions they can access compensation; (f) how and under what conditions they are entitled to interpretation and translation;

Amendment 391 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)

Persons residing in the Union shall have the right to receive, upon their request or on the request of their legal guardian or legal representative, from the Coordinating Authority designated by the Member State where they reside, information about universal services and victim support services, taking into consideration their age and gender. Persons with disabilities shall have the right to request such information and receive it in a manner which is accessible to them.

Amendment 392 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 b (new)

In case a victim or victim representative indicates the preference for a periodic request, the Coordinating Authority shall submit without delay, the information referred to in paragraph 3 proactively to the requester after the first submitted reply, in any new instances of reports referred to in paragraph 1 on a weekly basis. Victims or victim representatives can terminate the periodic request at any time by notifying the Coordinating Authority in question.

Amendment 393 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2

That Coordinating Authority shall transmit the request to the EU Centre through the system established in accordance with Article 39(2) and shall communicate the results received from the EU Centre to the person making the request. The transmission of the request shall be made with due regard to the protection of the identity and the privacy of the victim, together with measures for the protection of the privacy and the images of their family members, in a victim sensitive or age-appropriate and gender-sensitive way. Such protection is particularly important for child victims and includes non- disclosure of the name of the child. A child-sensitive approach, taking due account of the child's age, maturity, views, needs and concerns, shall prevail. The child and the holder of parental responsibility or other legal representative, if any, shall be informed of their rights as victims. The Coordinating Authority shall also provide information to victims, regarding access to specialist support services available.

Amendment 394 #

Proposal for a regulation
Article 20 – paragraph 2 – point b

(b) where applicable, the individual or entity ~~that is to receive the information on behalf~~formally assisting or representing the person that is to receive the information on behalf of the person making the request with verifiable proof of approval of the person making the request;

Amendment 395 #

(c) sufficient elements to ~~demonstr~~verify thate the ~~identity of~~child sexual abuse material in question matches with the person making the request.

Amendment 396 #

Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 (new)

(d) an indication if the request is occasional or should cover a certain time period

Amendment 397 #

Proposal for a regulation
Article 20 – paragraph 3 – point a

(a) the identification of the provider(s) that submitted the report;

Amendment 398 #

Proposal for a regulation
Article 20 – paragraph 3 – point b

(b) the date(s) of the report(s);

Amendment 399 #

Proposal for a regulation
Article 20 – paragraph 3 – point c

Amendment 400 #

Proposal for a regulation
Article 20 – paragraph 3 – point d

(d) whether the provider reported having removed or disabled access to the material, and in case, including all related information, in accordance with Article 13(1), point (i).

Amendment 401 #

Proposal for a regulation
Article 20.º – paragraph 3 – point d a (new)

da information regarding age- appropriate and gender-sensitive victim support services to provide the child, family and survivors with adequate health, emotional and psychosocial support as well as practical and legal assistance.

Amendment 402 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1 (new)

(e) if there were appeals to such removal and all related information (f) new relevant age-appropriate, accessible and gender-sensitive information on victim support and assistance in the victim’s region

Amendment 403 #

Proposal for a regulation
Article 21 – paragraph 1

1. Providers of hosting services shall provide reasonable assistance, on request, to ~~person~~victims or the holders of parental responsibility for the victims or the legal guardians of the victims residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider acting in the best interest of the child.

Amendment 404 #

Proposal for a regulation
Article 21 – paragraph 1

1. Providers of hosting services shall provide ~~reasonable~~without delay, assistance, on request, to ~~persons residing~~victims of child sexual abuse material hosted or disseminated in the Union or their representatives or persons in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider.

Amendment 405 #

Proposal for a regulation
Article 21 – paragraph 1

1. Providers of hosting services shall provide ~~reasonable assistance, on request, to persons residing in the Union that~~assistance to persons residing in the Union, upon their request or on the request of their legal guardian or legal representative, when they seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider.

Amendment 406 #

Proposal for a regulation
Article 21 – paragraph 1 a (new)

1a. Professionals likely to come into contact with victims of child sexual abuse shall be adequately trained to deal with such victims, taking into account gender sensitivities.

Amendment 407 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1

~~Persons residing~~Victims of child sexual abuse material hosted or disseminated in the Union or their representatives or persons in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides~~, support from the EU Centre when they seek to have a provider of hosting~~ or the Coordinating Authority of their choosing, age appropriate and gender-sensitive information on support for removal, including support from civil society organisations, hotlines and from the EU Centre when they seek to have a provider of hosting services or publicly available number-independent interpersonal communications services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ~~ask and~~ receive any information relating to such support in a manner accessible to them.

Amendment 408 #

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1

~~Person~~Victims or the holders of parental responsibility for the victims or the legal guardians of the victims residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner that is appropriate and accessible to them.

Amendment 409 #

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1

Persons residing in the Union shall have the right to receive, upon their request or on the request of their legal guardian or legal representative, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them.

Amendment 410 #

Proposal for a regulation
Article 21 – paragraph 3

3. The requests referred to in paragraphs 1 and 2 shall indicate the relevant item or items of child sexual abuse material and any other relevant information.

Amendment 411 #

Proposal for a regulation
Article 21 – paragraph 4 – point b

(b) verifying whether and when the provider removed or disabled access to that item or those items, including by conducting the searches referred to in Article 49(1);

Amendment 412 #

Proposal for a regulation
Article 21 – paragraph 4 – point d

(d) where necessary, informing the Coordinating Authority of establishment of the presence of that item or those items on the provider’s service, with a view to the issuance of a removal order pursuant to Article 14 and the obligations under Article 21.

Amendment 413 #

Proposal for a regulation
Article 21 – paragraph 4 – subparagraph 1 (new)

(e) information regarding victim’s rights, assistance and support pursuant to Article 21.

Amendment 414 #

Proposal for a regulation
Article 21 – paragraph 4 a (new)

4a. The EU Centre shall provide a “Take it Down” service which: allows victims to flag abuse material depicting them, and store a fingerprint of that material in a database and allows participating interpersonal communications services and hosting services, including social networks, to voluntarily check images uploaded to their platforms against this database. Participating services shall: (a). take the following measures when a match is found: (i). inform the uploader that the image they are attempting to upload has been identified as child sexual abuse material, and prevent upload; (ii). give the uploader the option to contest the flagging, forwarding the image and fingerprint on to the EU centre for further analysis; (iii). allow the uploader to provide further information to the EU Centre on the origin of the image. (b). state clearly that uploads are checked against a database of known abuse material; (c). provide anonymised statistics to the EU centre on the number of times an upload of an image with a certain hash was attempted.

Amendment 415 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – introductory part

Providers of hosting services and providers of interpersonal communications services shall preserve the necessary content data and other data processed in connection to the measures taken to comply with this Regulation and the personal data generated through such processing, only for ~~one or more of~~ the following purposes, as applicable:

Amendment 416 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point b

(b) reporting information concerning potential online child sexual abuse to the EU Centre pursuant to Article 12;

Amendment 417 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 2

As regards the first subparagraph, point (a), the provider may also preserve the information, including data on gender and age, for the purpose of improving the effectiveness and accuracy of the technologies to detect online child sexual abuse for the execution of a detection order issued to it in accordance with Article 7. However, it shall not store any personal data for that purpose.

Amendment 418 #

Proposal for a regulation
Article 25 – paragraph 1

1. Member States shall, by [Date - two months from the date of entry into force of this Regulation], designate one or more competent authorities as responsible for the application and enforcement of this Regulation and to the achievement of the objective of this Regulation and enforcement of Directive 2011/93/EU (‘competent authorities’).

Amendment 419 #

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2

The Coordinating Authority shall be responsible for all matters related to application and enforcement of this Regulation, and to the achievement of the objective of this Regulation and enforcement of Directive 2011/93/EU in the Member State concerned, unless that Member State has assigned certain specific tasks or sectors to other competent authorities.

Amendment 420 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3

The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective, efficient and consistent application and enforcement of this Regulation and Directive 2011/93/EU throughout the Union.

Amendment 421 #

Proposal for a regulation
Article 25 – paragraph 5

5. Each Member State shall ensure that a contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation in that Member State. Member States shall make the information on the contact point publicly available and communicate it to the EU Centre. They shall keep that information updated. The Coordinating Authority shall contribute with relevant information and material for the promotion of targeted child- sensitive awareness raising or education campaigns for children as well for adults about the risks of online child sexual abuse. Such contribution shall be based on the expertise and the feedback from the EU Centre and shall be made with a gender- sensitive perspective.

Amendment 422 #

Proposal for a regulation
Article 25 – paragraph 5

5. Each Member State shall ensure that a sufficiently staffed contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation and enforcement of Directive 2011/93/EU in that Member State. Member States shall make the information on the contact point ~~publicly available and communicate it~~widely accessible through gender-sensitive and age-appropriate online and offline awareness raising campaigns and communicate this information to the EU Centre. They shall keep that information updated.

Amendment 423 #

Proposal for a regulation
Article 25 – paragraph 5

Amendment 424 #

Proposal for a regulation
Article 25 – paragraph 5 a (new)

5a. Each Member State shall ensure that a section or department is designated or established within the Coordinating Authority’s office, responsible for creating and disseminating information campaigns aimed at raising awareness amongst the public, especially children, with particular consideration of the gender and age of the potential recipients. The creation and dissemination process should be implemented in consultation and collaboration with the appropriate and competent national bodies.

Amendment 425 #

Proposal for a regulation
Article 25 – paragraph 7 – point a

(a) provide certain information or ~~technical~~ expertise on matters covered by this Regulation;

Amendment 426 #

Proposal for a regulation
Article 25 – paragraph 7 – point a a (new)

(aa) providing information in terms of expertise and developed techniques for preventing online child abuse and the online dissemination of materials depicting sexual child abuse, with particular consideration of age and gender;

Amendment 427 #

Proposal for a regulation
Article 25 – paragraph 7 – point a a (new)

(aa) provide information and expertise on gender-sensitive and age appropriate victim support and prevention of online child sexual abuse

Amendment 428 #

Proposal for a regulation
Article 25 – paragraph 7 – point a b (new)

(ab) providing support in developing preventative measures, including: public- awareness-raising campaigns, programmes to improve digital skills and skills in terms of using the Internet and online safety, ensuring support and access to specialist services and support services for child sexual abuse victims and children in difficult situations.

Amendment 429 #

Proposal for a regulation
Article 25 – paragraph 7 – point c

(c) verify the possible need to request competent ~~nation~~judicial authorities to issue a ~~detec~~n investigation order, or a removal order ~~or a blocking order~~ in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority;

Amendment 430 #

Proposal for a regulation
Article 25 – paragraph 7 – point d

(d) verify the effectiveness of a ~~detec~~n investigation order or a removal order issued upon the request of the requesting Coordinating Authority or judicial authorities.

Amendment 431 #

Proposal for a regulation
Article 25 – paragraph 8

8. The EU Centre shall provide such assistance free of charge and in accordance with its tasks and obligations under this Regulation and insofar as its resources ~~and priorities~~ allow.

Amendment 432 #

Proposal for a regulation
Article 25 – paragraph 8 a (new)

8a. The EU Centre shall support Member States in designing age- appropriate and gender-appropriate preventive measures aimed at children, as well as their parents or legal representatives, such as organising awareness-raising campaigns to combat child sexual abuse and delivering relationships and sex education tailored to the age of children within the school framework, in collaboration with their parents or legal representatives, or with their consent.

Amendment 433 #

Proposal for a regulation
Article 25 – paragraph 8 a (new)

8a The EU Centre should support Member States in the introduction and implementation in formal education of sex education programmes, that promote the empowerment of children to be agents of their own protection: concepts of the body and its boundaries, concepts of intimacy and privacy, and the ability to verbalise and state what happened to those to whom they are closest emotionally or to whom they feel more connected.

Amendment 434 #

Proposal for a regulation
Article 25 – paragraph 9 a (new)

9a. When communicating with or making decisions affecting the victims or persons in high-risk groups, the coordinating body should fully respect human and civil rights of dignity and privacy, as well as take into consideration the gender and age of the victim or party involved.

Amendment 435 #

Proposal for a regulation
Article 26 – paragraph 1

1. Member States shall ensure that the 1. Coordinating Authorities that they designated perform their tasks under this Regulation in an objective, impartial, transparent and timely manner, while fully respecting ~~the~~all fundamental rights of all parties affected. They shall also ensure that their Coordinating Authorities perform their tasks with utmost respect and sensitivity towards victims and their representatives, with a focus on avoidance of re-victimization, the safety of the victim and their needs. Member States shall also ensure that their Coordinating Authorities have adequate technical, financial and human resources to carry out their tasks.

Amendment 436 #

Proposal for a regulation
Article 26 – paragraph 2 – point a

(a) are legally and functionally independent from ~~any~~ other public authorityies;

Amendment 437 #

Proposal for a regulation
Article 26 – paragraph 2 – point e

~~(e) are not charged with tasks relating to the prevention or combating of child sexual abuse, other than their tasks under this Regulation.~~deleted

Amendment 438 #

Proposal for a regulation
Article 26 – paragraph 3 a (new)

3a. Paragraph 2 shall not prevent the Coordinating Authority of any membership in a recognised international network as it shall not prejudice its independent character;

Amendment 439 #

Proposal for a regulation
Article 26 – paragraph 4

4. The Coordinating Authorities shall ensure that relevant members of staff have the required qualifications, experience and technical skills to perform their duties. They shall also ensure that members of staff coming into contact with victims are adequately and frequently trained in intersectional victim support.

Amendment 440 #

Proposal for a regulation
Article 26 – paragraph 4 a (new)

4a. The Coordinating Authorities shall ensure that the appointment of management and hiring of staff is subject to an employment background check,

Amendment 441 #

Proposal for a regulation
Article 26 – paragraph 5

5. The management and other staff of the Coordinating Authorities shall, in accordance with Union or national law, be subject to a duty of professional secrecy both during and after their term of office, with regard to any confidential information which has come to their knowledge in the course of the performance of their tasks. Member States shall ensure that the management and other staff are subject to rules guaranteeing that they can carry out their tasks in an objective, impartial and independent manner, in particular as regards their appointment, dismissal, remuneration and career prospects. Coordinating Authorities shall take into account the application of Directive 2021/93/EU on Pay Transparency.

Amendment 442 #

Proposal for a regulation
Article 34 – paragraph 1

1. Users shall have the right to lodge a complaint ~~alleging an infringement of this Regulation affecting them against providers of relevant information society services~~, including through an individual or entity formally assisting or representing them , alleging an infringement of this Regulation or infringements of their fundamental rights resulting from this Regulation with the Coordinating Authority designated by the Member State where the user resides or is established. or by a Coordinating Authority of their choosing

Amendment 443 #

Proposal for a regulation
Article 34 – paragraph 1 a (new)

1a. The Coordinating authority shall offer easy to use mechanisms to anonymously submit information about infringements of this Regulation"

Amendment 444 #

Proposal for a regulation
Article 34 – paragraph 2

2. Coordinating Authorities shall provide ~~child-friendly~~age-appropriate and accessible mechanisms to submit a complaint under this Article and adopt a ~~child~~n age-appropriate and gender-sensitive approach when handling complaints ~~submitted by children~~, taking due account of the ~~child's age, maturity~~person’s age, if indicated, views, needs and concerns. The processing of complaints shall take into account due diligence and will provide necessary information to the complainant.

Amendment 445 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1 a (new)

Users shall have the right to be informed of the outcome of the complaint.

Amendment 446 #

Proposal for a regulation
Article 39 – paragraph 1

1. Coordinating Authorities shall cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and other relevant Union agencies, including Europol, to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement. Coordinating Authorities shall establish systematic practises on the exchange of information and best practices related to the prevention and combating of online child sexual abuse and solicitation of children.

Amendment 447 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 40 – paragraph 2

2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information, gender and age-disggregated statistics, and expertise and facilitate cooperation and sharing of best practices between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.

Amendment 448 #

Proposal for a regulation
Article 43 – title

Tasks of the EU ~~Centre~~Agency on Child Protection

Amendment 449 #

Proposal for a regulation
Article 43 – paragraph -1 (new)

-1 The objective of the Agency shall be to provide the relevant institutions, bodies, offices and agencies of the EU and its Member States as well as civil society organisations and research bodies when involved with implementing EU law with assistance, expertise and coordination in relation to the preventing and combating of child sexual abuse, in order to support them when taking measures or formulating courses of action within their respective spheres of competence with full respect of fundamental rights

Amendment 450 #

Proposal for a regulation
Article 43 – paragraph 1 – introductory part

The EU ~~Centre~~Agency shall:

Amendment 451 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point a

(a) supporting the Commission in the preparation of the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11, including by collecting and providing relevant gender-sensitive and age-disaggregated information, expertise and best practices, taking into account advice from the Technology Committee and the Survivor’s Advisory Board referred to in Article 66 and 66a (new);

Amendment 452 #

Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point a

(a) supporting the Commission in the preparation of the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11, including by collecting and providing relevant sex disaggregated information, expertise and best practices, taking into account advice from the Technology Committee referred to in Article 66;

Amendment 453 #

Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point b

(b) upon request from a provider of relevant information services, providing an analysis of ~~anonymised data samples~~the methodology for risk assessment for the purpose referred to in Article 3(3);

Amendment 454 #

Proposal for a regulation
Article 43 – paragraph 1 – point 2 – introductory part

(2) facilitate the ~~detection proces~~investigation orders referred to in Section 2 of Chapter II, by:

Amendment 455 #

Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point a

~~(a) providing the opinions on intended detection orders referred to in Article 7(3), first subparagraph, point (d);~~deleted

Amendment 456 #

Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point b

(b) maintaining and operating the databases of indicators ~~referred to in Article 44;~~of known child sexual abuse material

Amendment 457 #

Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point c

(c) giving providers of hosting services and providers of interpersonal communications services that received a ~~detec~~n investigation order access to the relevant databases of indicators in accordance with Article 46;

Amendment 458 #

Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point d

(d) making technologies available to providers for the execution of ~~detec~~investigation orders issued to them, in accordance with Article 50(1);

Amendment 459 #

Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point b

~~(b) cooperating with and responding to requests of Coordinating Authorities in connection to intended blocking orders as referred to in Article 16(2);~~deleted

Amendment 46 #

Proposal for a regulation
Citation 6 a (new)

Having regard to the complimentary impact assessment37aof the European Parliament, _________________ 37a PE 740.248 https://www.europarl.europa.eu/RegData/ etudes/STUD/2023/740248/EPRS_STU(2 023)740248_EN.pdf

Amendment 460 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point c

~~(c) receiving and processing the blocking orders transmitted to it pursuant to Article 17(3);~~deleted

Amendment 461 #

Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point d

(d) providing information, assistance and support to victims in accordance with Articles 20 and 21;

Amendment 462 #

Proposal for a regulation
Article 43 – paragraph 1 – point 5 – introductory part

(5) support the Coordinating Authorities and the Commission in the performance of their tasks under this Regulation and facilitate the exchange of best practices, cooperation, coordination and communication in connection to matters covered by this Regulation, by:

Amendment 463 #

Proposal for a regulation
Article 43 – paragraph 1 – point 5 – point f

(f) providing information to Coordinating Authorities, upon their request or on its own initiative, relevant for the performance of their tasks under this Regulation, including by informing the Coordinating Authority of establishment of potential infringements identified in the performance of the EU ~~Centre~~Agency’s other tasks;

Amendment 464 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – introductory part

(6) facilitate the generation ~~and sharing of knowledge with~~of knowledge, the development of tools and techniques and their sharing with and between other Union institutions, bodies, offices and agencies, Coordinating Authorities or other relevant authorities of the Member States to contribute to the achievement of the objective of this Regulation, by:

Amendment 465 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – introductory part

(6) facilitate the generation and sharing of knowledge and best practices with other Union institutions, bodies, offices and agencies, Coordinating Authorities or other relevant authorities of the Member States to contribute to the achievement of the objective of this Regulation, by:

Amendment 466 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a

(a) collecting, recording, analysing and providing information, providing analysis based on anonymised and non-personal data gathering, and providing expertise, with particular consideration of age and gender, on matters regarding the prevention and combating of online child sexual abuse, in accordance with Article 51;

Amendment 467 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a

(a) collecting, recording, analysing and providing gender and age disaggregated data and information, providing analysis based on anonymised and non-personal data gathering, and providing expertise on matters regarding the prevention and combating of online child sexual abuse and victim support, in accordance with Article 51;

Amendment 468 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b

(b) supporting the development and dissemination of research and expertise ~~on those matters~~, with particular consideration of age and gender, on matters concerning the prevention and combating of online child sexual abuse and on assistance to victims, including by serving as a hub of expertise to support evidence-based policy;

Amendment 469 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b

(b) supporting the development and dissemination of gender-responsive research and expertise on those matters and on gender and age sensitive assistance to victims, including by serving as a hub of expertise to support evidence-based policy and by linking researchers to practitioners;

Amendment 47 #

Proposal for a regulation
Recital 1

(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. Over the last 20 years there has been a dangerous rise in child sexual abuse material (CSAM) following the growing technological development and connectivity. The cases of online CSAM and the frequency of grooming activities, targeting younger children and especially girls, is increasing drastically 1a. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), ~~and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.~~ The reporting of suspected online child sexual abuse rose alarmingly by 35% in 2021, compared with the cases in 2020. Such an increase is observed in child grooming as well, where perpetrators approach children online in order to convince them to produce sexual material of themselves and share it online, usually in live streaming. CSAM crime is not only growing in scale, but it is also becoming more severe, as ever-younger children are being exploited1b. The average age of first exposure among 18- year-old respondents was 12.7 years old, almost a full year younger than the average age of first exposure among 20- year-old respondents (13.4 years), likely linked to the rising access to the internet over the past decade. This suggests that, over the past five years, the average age at which children are first exposed to sexually explicit content and online sexual harms has continued to drop1c.Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children. Digital services, from social media to interactive games, can expose children to risks such as unsuitable content, bullying, grooming, or child sexual abuse, which are just some of the types of child sexual abuse online. _________________ 1a EPRS briefing, December 2022,'Combating child sexual abuse online' 1b EPRS briefing, December 2022,'Combating child sexual abuse online' 1c We protect global alliance organisation- global survey 2023 https://www.weprotect.org/economist- impact-global-survey

Amendment 470 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b

(b) supporting the development and dissemination of research and expertise on those matters and on assistance to victims in a gender sensitive and age specific way, including by serving as a hub of expertise to support evidence-based policy;

Amendment 471 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)

(ba) contributing to awareness raising campaigns that are gender-targeted within the European Union and among Member States.

Amendment 472 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b b (new)

(bb) facilitating the exchange of best practices among Coordinating Authorities. All those tasks shall be performed in the best interests of the children.

Amendment 473 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b c (new)

(bc) supporting the production of age- appropriate and gender-sensitive educational material.

Amendment 474 #

Heléne FRITZON, Vilija BLINKEVIČIŪTĖ, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON, Evelyn REGNER, Radka MAXOVÁ

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c a (new)

(ca) Establish mechanisms to listen to and incorporate the views of children in its work, in accordance with the UNCRC, the Directive 2012/29/EU and the Charter of Fundamental Rights of the European Union.

Amendment 475 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 a (new)

6a) When communicating with or making decisions affecting the victims or persons in high-risk groups, the EU Centre should fully respect human and civil rights of dignity and privacy, as well as take into consideration the gender and age of the victim or party involved.

Amendment 476 #

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 (new)

(7) refer victims to the appropriate bodies and services for relevant victim support and assistance according to their needs. (8) set up a public anonymous reporting service for reports concerning child sexual abuse material for all persons in the Union

Amendment 477 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 a (new)

(6a) facilitate and coordinate cooperation, including information sharing, with international law enforcement organisations, law enforcement authorities in third countries, in respect of Data Protection rules;

Amendment 478 #

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1

The EU Centre shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10~~(1)~~. This shall include technologies both for preventative and proactive detection orders.

Amendment 479 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

The EU ~~Centre~~Agency shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute ~~detec~~investigation orders in accordance with Article 10(1).

Amendment 48 #

Proposal for a regulation
Recital 1

(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. While the proportion of child sexual abuse material that affects boys is growing, Child sexual abuse has a disproportionate impact on girls as the vast majority of child sexual abuse material is depicting girls, and girls are overrepresented in cases of solicitation of children, while men are overrepresented as perpetrators. According to reports, 96% of child sexual abuse material is estimated in 2021 to have affected girls. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), in line with the United Nations Convention on the Rights of the Child (UNCRC), which has been ratified by all Member States, and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.

Amendment 480 #

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2

To that aim, the EU ~~Centre~~Agency shall compile lists of such technologies, having regard to the requirements of this Regulation and in particular those of Article 10(2).

Amendment 481 #

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 3

Before including specific technologies on those lists, the EU ~~Centre shall~~Agency shall conduct a holistic human rights impact assessment on those technologies by requesting the opinion of its Technology Committee and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks~~. That~~ of the request by the EU agency. The EU Agency shall ensure all needed information is made available in order to form a balanced opinion and conduct the human rights impact assessment. This period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU ~~Centre~~Agency of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. This process must be repeated on a yearly basis.

Amendment 482 #

Proposal for a regulation
Article 50 – paragraph 2 – introductory part

2. The EU ~~Centre~~Agency shall collect, record, a~~nalyse and~~ggregate, analyse and proactively make available relevant, objective, reliable and comparable gender and age disaggregated data and information on matters related to the prevention and combating of child sexual abuse, to relevant bodies, Member States, EU institutions and relevant civil society organisations and research institutes in particular:

Amendment 483 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 50 – paragraph 2 – introductory part

2. The EU Centre shall collect, record, analyse and make available ~~relevant~~to the competent national and EU bodies relevant, anonymous, objective, reliable ~~and~~, comparable information, taking into consideration age and gender, on matters related to the prevention and combating of child sexual abuse, in particular:

Amendment 484 #

Proposal for a regulation
Article 50 – paragraph 2 – introductory part

2. The EU Centre shall collect, record, analyse and make available relevant, objective, reliable and comparable information on matters related to the prevention and education or awareness raising campaigns for combating of child sexual abuse, in particular:

Amendment 485 #

Proposal for a regulation
Article 50 – paragraph 2 – point a

(a) information obtained in the performance of its tasks under this Regulation concerning ~~detection,~~ reporting, removal or disabling of access to~~, and blocking of~~ online child sexual abuse;

Amendment 486 #

Proposal for a regulation
Article 50 – paragraph 2 – point c

(c) information resulting from research or other activities conducted by Member States’ authorities, other Union institutions, bodies, offices and agencies, the competent authorities of third countries, international organisations, research centres and civil society organisations including hotlines.

Amendment 487 #

Proposal for a regulation
Article 50 – paragraph 2 – subparagraph 1 (new)

(d) information obtained in the performance of its tasks under this Regulation concerning victim assistance and support

Amendment 488 #

3. Where necessary for the performance of its tasks under this Regulation, the EU Centre shall carry out, participate in or encourage and support research, surveys and studies, taking into consideration age and gender, either on its own initiative or, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the Commission.

Amendment 489 #

Proposal for a regulation
Article 50 – paragraph 3

3. Where necessary for the performance of its tasks under this Regulation, the EU ~~Centre~~Agency shall carry out, participate in or encourage research, surveys and studies, either on its own initiative or, where appropriate and compatible with its priorities and its annual work programme, at the request of the ~~European Parliament, the Council or the Commiss~~Member States, Coordinating Authorities or the EU institution.s

Amendment 49 #

Proposal for a regulation
Recital 1

(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), and to protect society at large. ~~Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.~~

Amendment 490 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 50 – paragraph 4

4. The EU ~~Centre~~Agency shall provide the information referred to in paragraph 2 and the information resulting from the research, surveys and studies referred to in paragraph 3, including its analysis thereof, and its opinions on matters related to the prevention and combating of ~~online~~ child sexual abuse to other Union institutions, bodies, offices and agencies, Coordinating Authorities, other competent authorities including hotlines and other public authorities of the Member States, either on its own initiative or at request of the relevant authority. Where appropriate, the EU ~~Centre~~Agency shall make such information publicly available.

Amendment 491 #

Proposal for a regulation
Article 50 – paragraph 5

5. The EU Centre shall develop a communication strategy and promote dialogue with civil society organisations, public authorities and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse. Communication campaigns shall be designed based on the latest information available, formulated together with specialised experts or psychologists, adapted to the children and in a way that is easy to understand for the children. Those campaigns will take into account the advice of the Victims' Consultative Forum.

Amendment 492 #

Proposal for a regulation
Article 50 – paragraph 5

5. The EU Centre shall develop a communication strategy and promote dialogue with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse. All EU Centre actions should take particular account of age, should be adapted to the specifics and variable requirements of the gender of the recipients, and should fully respect personal dignity and privacy.

Amendment 493 #

Proposal for a regulation
Article 50 – paragraph 5

5. The EU ~~Centre~~Agency shall develop a gender and age sensitive communication strategy and ~~promote~~exchange in dialogue with civil society organisations, hotlines and providers of hosting or interpersonal communication services and other relevant stakeholders to raise public awareness of ~~online~~ child sexual abuse, specifically online and measures to prevent and combat such abuse and victim support.

Amendment 494 #

Proposal for a regulation
Article 54 – paragraph 1

1. Where necessary for the performance of its tasks under this Regulation, the EU ~~Centre may~~Agency shall cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of ~~online~~ child sexual abuse and victim support, including civil society organisations and hotlines and semi-public organisations.

Amendment 495 #

Proposal for a regulation
Article 54 – paragraph 1

1. Where necessary for the performance of its tasks under this Regulation, the EU Centre ~~may~~should cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse, including civil society organisations and semi-public organisations.

Amendment 496 #

Proposal for a regulation
Article 54 – paragraph 2

2. The EU ~~Centre may conclude memoranda of understanding~~Agency shall conclude operational cooperation agreements with organisations referred to in paragraph 1, laying down the terms of cooperation.

Amendment 497 #

Proposal for a regulation
Article 55 – paragraph 1 – introductory part

The administrative and management structure of the EU ~~Centre~~Agency shall comprise:

Amendment 498 #

Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 1 (new)

(f) a Survivors’ Advisory Board which shall exercise the tasks set out in Article 66b.

Amendment 499 #

Annika BRUNA, Isabella TOVAGLIERI, Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 56 – paragraph 1

1. The Management Board shall be composed of one representative from each Member State ~~and~~, two representatives of the Commission,a representative of the European Parliament, and a representative from the European Data Protection Board, all as members with voting rights.

Amendment 50 #

Proposal for a regulation
Recital 1

(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), and to protect families and society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.

Amendment 500 #

Proposal for a regulation
Article 56 – paragraph 1

1. The Management Board shall be composed of one representative from each Member State ~~and two~~one representatives of the Commission and one representative of the European Parliament and shall be gender-balanced, all as members with voting rights.

Amendment 501 #

Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 (new)

One member of the Technology Commitee and one member of the Survivors Advisory Board as established in Articles 66 and 66a may attend the meetings of the Management Board as observers.

Amendment 502 #

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1

~~The Management Board shall also include one independent expert observer designated by the European Parliament, without the right to vote.~~deleted

Amendment 503 #

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1

~~The Management Board shall also include one independent expert observer designated by the European Parliament, without the right to vote.~~deleted

Amendment 504 #

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2

Europol ~~may~~shall designate a representative to attend the meetings of the Management Board as an observer on matters involving Europol, at the request of the Chairperson of the Management Board.

Amendment 505 #

Proposal for a regulation
Article 56 – paragraph 3

3. Each member of the Management Board shall have an alternate. The alternate shall represent the member in ~~his/~~their absence.

Amendment 506 #

Proposal for a regulation
Article 56 – paragraph 3 a (new)

3a. The Chair and the Deputy Chair of the Management Board shall be elected by all representatives with a simple majority with a term of four years, with one possible re-election for another term.

Amendment 507 #

Proposal for a regulation
Article 56 – paragraph 4

4. Members of the Management Board and their alternates shall be appointed in the light of their ~~knowledg~~proven expertise in the field of preventing and combating child sexual abuse and victim support, taking into account relevant managerial, administrative and budgetary skills. Member States shall appoint a representative of their Coordinating Authority, within four months of [date of entry into force of this Regulation]. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of its work. All parties shall aim to achieve a balanced representation ~~between men and women on the Management Board~~of society regarding their representatives in terms of gender, age, ethnic origin and socio-economic background if candidates wish to disclose so.

Amendment 508 #

Proposal for a regulation
Article 56 – paragraph 4

4. Members of the Management Board and their alternates shall be appointed in the light of their knowledge in the field of combating child sexual abuse, taking into account objective and neutral sexual criteria, relevant managerial, administrative and budgetary skills. Member States shall appoint a representative of their Coordinating Authority, within four months of [date of entry into force of this Regulation]. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of its work. ~~All parties shall aim to achieve a balanced representation between men and women on the Management Board.~~

Amendment 509 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 57 – paragraph 1 – point a

(a) give the general orientations for the EU ~~Centre~~Agency's activities;

Amendment 51 #

Proposal for a regulation
Recital 1 a (new)

(1a) The fast pace in which children adopt and use new technologies generate increasing risks for them to be victims of online abuse. Gender aspect plays a major role, as data shows that girls are at a greater risk of encountering cyber violence. The IWF 2022 annual report, demonstrates for example, that 96% of the child sexual abuse images found, display girls only1a. Gender inequality, structural violence and discrimination against women in society can have harmful consequences in the life of children and this is also proved by the numbers CSAM, where girls are more likely to be harmed. The digital dimension of gender-based violence has a serious impact on the lives of women and girls, including their safety, their physical and psychological health, livelihoods, family ties, dignity and reputation. Violence perpetrated in the digital sphere against women and girls, amount to gender-based violence breaching a wide range of human rights. _________________ 1a IWF annual report 2022 https://annualreport2022.iwf.org.uk/trend s-and-data/analysis-by-sex/

Amendment 510 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 57 – paragraph 1 – point c

(c) adopt transparency rules for the prevention and management of conflicts of interest in respect of its members, as well as for the members of the Technological Committee and of ~~any other advisory group it may establish~~the Survivors Advisory Board and publish annually on its website the declaration of interests of the members of the Management Board, Technological Committee and the Survivors Advisory Board;

Amendment 511 #

Proposal for a regulation
Article 57 – paragraph 1 – point f

(f) appoint the members of the Technology Committee, the Victims' Consultative Forum and of any other advisory group it may establish for serving its purposes;

Amendment 512 #

Proposal for a regulation
Article 57 – paragraph 1 – point f

(f) appoint the members of the Technology Committee, and ~~of any other advisory group it may establish;~~the Survivors Advisory Board

Amendment 513 #

Proposal for a regulation
Article 57 – paragraph 1 – point g

~~(g) adopt the opinions on intended detection orders referred to in Article 7(4), on the basis of a draft opinion provided by the Executive Director;~~deleted

Amendment 514 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 57 – paragraph 1 – subparagraph 1 (new)

(i) consult the Survivors’ Advisory Board as regards the obligations referred to in points (a), and (h) of this Article.

Amendment 515 #

Proposal for a regulation
Article 59 – paragraph 3

3. The Management Board shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of its Chairperson, at the request of the Commission, or at the request of at least one-third of its members. The Management Board may invite the members of the Victims' Consultative Forum at least twice a year.

Amendment 516 #

Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1

The Executive Board shall be composed of the Chairperson and the Deputy Chairperson of the Management Board, two other members appointed by the Management Board from among its members with the right to vote and ~~two~~one representatives of the Commission ~~to the Management Boar~~and the European Parliament respectively to the Management Board. The Executive board shall be gender-balanced. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board.

Amendment 517 #

Proposal for a regulation
Article 61 – paragraph 2

2. The term of office of members of the Executive Board shall be four years. In the course of the 12 months preceding the end of the four-year term of office of the Chairperson and five members of the Executive Board, the Management Board or a smaller committee selected among Management Board members including a Commission representative shall carry out an assessment of performance of the Executive Board. The assessment shall take into account an evaluation of the Executive Board members’ performance and the EU ~~Centre~~Agency’s future tasks and challenges. Based on the assessment, the Management Board may extend their term of office once.

Amendment 518 #

Proposal for a regulation
Article 64 – paragraph 4 – point e a (new)

(ea) implementing gender mainstreaming and gender budgeting in all areas, including drafting a gender action plan (GAP).

Amendment 519 #

Proposal for a regulation
Article 64 – paragraph 4 – point f

(f) preparing the Consolidated Annual Activity Report (CAAR) on the EU ~~Centre’s activities~~Agency’s activities , including the activities of the Technology Committee and the Survivors’ Advisory Board and presenting it to the Executive Board for assessment and adoption;

Amendment 52 #

Proposal for a regulation
Recital 1 a (new)

(1a) In order to effectively prevent online child sexual abuse, Member States are called upon to strengthen preventive measures, including conducting awareness-raising campaigns for parents and educators, delivering relationships and sex education that is appropriate for the age of the children in collaboration with parents or with their consent, delivering training in the use of digital tools, in particular including education on the sensible use of screens and sounding the alarm about the dangers of children being exposed to pornography. Member States should ensure they make specialised age-appropriate support services available to abuse victims. Member States are called upon to combat the culture of impunity that may be result from an ineffective and lax judicial system and not to tolerate the sexualisation of children in the media or in artistic culture.

Amendment 520 #

Proposal for a regulation
Article 64 – paragraph 4 – point g

(g) preparing an action plan following- up conclusions of internal or external audit reports and evaluations, as well as investigations by the European Anti-Fraud Office (OLAF) and by the European Public Prosecutor’s Office (EPPO) and reporting on progress twice a year to the Commission and the European Parliament and regularly to the Management Board and the Executive Board;

Amendment 521 #

Proposal for a regulation
Article 64 – paragraph 4 – point p

(p) fostering recruitment of appropriately skilled and experienced EU Centre staff, ~~while ensuring gender balance~~based on objective and sex- neutral criteria..

Amendment 522 #

Proposal for a regulation
Article 66 – paragraph 1

1. The Technology Committee shall consist of technical and online sexual abuse material experts appointed by the Management Board in view of their excellence and their independence from corporate interests, following the publication of a call for expressions of interest in the Official Journal of the European Union. Its members shall be appointed for a term of four years, renewable once. On the expiry of their term of office, members shall remain in office until they are replaced or until their appointments are renewed. If a member resigns before the expiry of his or her term of office, he or she shall be replaced for the remainder of the term by a member appointed by the Management Board. The Members shall be gender- balanced in its composition.

Amendment 523 #

Proposal for a regulation
Article 66 – paragraph 1

1. The Technology Committee shall consist of technical experts appointed by the Management Board in view of their expertise and skills, taking into account objective and neutral sexual criteria and in view of their excellence and their independence, following the publication of a call for expressions of interest in the Official Journal of the European Union.

Amendment 524 #

Proposal for a regulation
Article 66 – paragraph 1

1. The Technology Committee shall consist of technical experts appointed by the Management Board in view of their excellence and their independence, following the publication of a call for expressions of interest in the Official Journal of the European Union, as well as a representative from the European Data Protection Board.

Amendment 525 #

Proposal for a regulation
Article 66 – paragraph 4

4. When a member no longer meets the criteria of independence, he or she shall inform the Management Board. Alternatively, the Management Board may declare, on a proposal of at least one third of its members or of the Commission, a lack of independence and revoke appointment of the person concerned. The Management Board shall appoint a new member for the remaining term of office in accordance with the procedure for ordinary members.

Amendment 526 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 66 a (new)

Article66a Establishment and tasks of the Survivors Advisory Board 1. The Survivors’ Advisory Board shall consist of seven members who are either survivors and victims of child sexual abuse or experts on the needs of survivors and victims of child sexual abuse, and shall be appointed by the Management Board in view of their personal experience if applicable, expertise and scope of work, following the publication of a call for expressions of interest in the Official Journal of the European Union. The Survivors Advisory Board shallachieve a gender balance as well as ensure representation of all protected characteristics. 2. Procedures concerning the appointment of the members of the Survivors’ Advisory Board and its operation shall be further specified in the rules of procedure of the Management Board and shall be made public. 3. The members of the Survivors’ Advisory Board shall act in the interest of child sexual abuse victims. The EU Agency shall publish the list of members of the Survivors’ Advisory Board on its website and keep it up to date. 4. If a member no longer meets the criterion of independence, he or she shall inform the Management Board. The Management Board may, on the proposal of at least one third of its members or of the Commission, determine a lack of independence and revoke the appointment of the person concerned. The Management Board shall appoint a new member for the remaining term of office in accordance with the procedure applicable to ordinary members. If a member resigns before the expiry of his or her term of office, he or she shall be replaced for the remaining term of office in accordance with the procedure applicable to ordinary members. 5. The term of office of the members of the Survivors’ Advisory Board shall be four years. It may be renewed once. 6. The Executive Director and the Management Board shall consult the Survivors Advisory Board on any matter relating to victims rights and preventing and combating child sexual abuse, and they shall give a structural consult at least twice a year. 7. The Survivors’ Advisory Board shall have the following tasks: (a) ensure visibility of the interests and needs of survivors and victims of child sexual abuse; (b) advise the Management Board on matters set out in Article 57 point (h a); (c) advise the Executive Director and the Management Board as set out in paragraph 6 of this Article; (d) contribute experience and expertise in preventing and combating child sexual abuse and victim support and assistance; (e) serve as a platform to exchange and connect for survivors of child sexual abuse; (f) provide an annual activity report to the Executive Director as part of the Consolidated Annual Activity Report.

Amendment 527 #

Proposal for a regulation
Article 66 a (new)

Article66a Establishment and tasks of the Victims’ Consultative Forum 1. The EU Centre shall establish a Victims' Consultative Forum to assist it by providing it with independent advice on victims related matters. The Consultative Forum will act upon request of the Management Board or the Executive Director of the EU Centre. 2. The Victims' Consultative Forum shall consist of a maximum of fifteen members. Members of the Victims' Consultative Forum shall be appointed by the Management Board and will be called to provide advice at least twice per year. They will include victims of child sexual abuse and exploitation, both online and offline, as well as representatives of organisations acting in the public interest against child sexual abuse and promoting victims’ rights. They shall be appointed following the publication of a call for expression of interest in the Official Journal of the European Union. 3. The Victims' Consultative Forum shall: a) provide the Management Board and the Executive Director with advice on matters related to victims on an age and gender -appropriate manner; b) contribute to the EU Centre communication strategy referred to in Article 50(5); c) provide its opinion and expertise on the technologies used to detect online child sexual abuse regarding their relevance to the conditions in which child sexual abuse is committed; d) maintain an open dialogue with the Management Board and the Executive Director on all matters related to victims, particularly on the protection of victims’ rights, taking into account specific factors such as the age, gender and disability of victims; e)gather, including through consultation and participation of children, the views and perspectives of children on specific issues of relevance; f) contribute to the EU wide raising awareness campaigns by providing related material and information.

Amendment 528 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 67 – paragraph 1

1. Each year the Executive Director shall draw up a draft statement of estimates of the EU ~~Centre~~Agency’s revenue and expenditure for the following financial year, including an establishment plan, a~~nd shall~~ gender analysis and shall use gender mainstreaming and gender budgeting and send it to the Executive Board.

Amendment 529 #

Proposal for a regulation
Article 69 – paragraph 4

4. The EU Centre’s expenditure shall include staff remuneration, administrative and infrastructure expenses, and operating costs, including the operating costs of the Technology Committee, the Victims' Consultative Forum and of any other advisory group it may establish for serving its purposes.

Amendment 53 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 1 a (new)

(1a) A growing number of teenagers are sharing intimate images, despite this being prohibited in a majority of member states. The implementation of measures to detect new abuse material would inevitably flag all such images as abuse material, resulting in a large number of false positives, but also in the investigation of those teenagers. This would significantly infringe on children’s right to privacy, as guaranteed by the Charter of Fundamental Rights of the European Union (‘Charter’), and in line with the United Nations Convention on the Rights of the Child (UNCRC), which has been ratified by all Member States. It would also result in stigma that disproportionately affects girls37b. Therefore services should warn children about the risks of sharing images, and give them guidance on what to do if they do so and something goes wrong. _________________ 37b The outcomes of sexting for children and adolescents: A systematic review of the literature https://doi.org/10.1016/j.adolescence.2021 .08.009

Amendment 530 #

4. The EU ~~Centre~~Agency’s expenditure shall include staff remuneration, administrative and infrastructure expenses, and operating costs including fair remuneration of members of the Management Board, Technology Committee and the Survivor’s Advisory Board.

Amendment 531 #

Proposal for a regulation
Article 69 – paragraph 5 a (new)

5a. The budget shall comply with the principle of gender mainstreaming and the practise of gender budgeting shall be implemented.

Amendment 532 #

Proposal for a regulation
Article 71 – paragraph 2

2. The Executive Board, in agreement with the Commission, shall adopt the necessary implementing measures, in accordance with the arrangements provided for in Article 110 of the Staff Regulations. and shall ensure that the hiring of staff takes into account results from an employment background check, sufficient skills and experience and gender-balance and diversity

Amendment 533 #

Proposal for a regulation
Article 71 – paragraph 3

3. The EU ~~Centre~~Agency staff, in particular those working in areas related to ~~detec~~investigation,, reporting and removal of online child sexual abuse, shall have access to appropriate training, counselling and support services or will be met in other physical or socio-psychological needs.

Amendment 534 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Article 72 – paragraph 1

1. The EU ~~Centre~~Agency may make use of seconded national experts or other staff not employed by it, while taking into consideration gender-balance.

Amendment 535 #

(c) the total number of items of child sexual abuse material when possible age and sex disaggregated that the provider removed or to which it disabled access, broken down by whether the items were removed or access thereto was disabled pursuant to a removal order or to a notice submitted by a Competent Authority, the EU Centre or a third party or at the provider’s own initiative;

Amendment 536 #

Margarita DE LA PISA CARRIÓN

Proposal for a regulation
Article 83 – paragraph 2 – point a – indent 2

– where the report led to the launch of a criminal investigation or contributed to an ongoing investigation, the state of play or outcome of the investigation, including whether the case was closed at pre-trial stage, whether the case led to the imposition of penalties, whether victims were identified and rescued and if so their numbers differentiating by ~~gender~~sex and age, and whether any suspects were arrested and any perpetrators were convicted and if so their numbers;

Amendment 54 #

Proposal for a regulation
Recital 1 a (new)

(1a) Service providers must ensure that the online environment protects users, especially children, and must prevent publications that may automatically display content liable to foster the development of addictions, for instance to pornography, drugs or gaming, or aggressive content that manipulates or coerces users’ free will or decision- making abilities, particularly among minors, who are in the midst of the personal development process.

Amendment 55 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 1 b (new)

(1b) According to organisations1athe COVID-19 pandemic increased the phenomenon of child sexual abuse online, as children spent the most of their time at home online.2aSpecifically in 2021 82% of CSAM include new self-generated images and videos of children aged under 13.3aAdditionally, in 2022, IWF received 127,732 reports with ‘self-generated’ imagery, which included 11–13 year-old girls, and this represents 50% of all actioned reports and 64% of ‘self- generated’ child sexual abuse reports. Equally alarming, is that on the same year, IWF received 61,754 reports that included ‘self-generated’ imagery included of 7–10 year-old girls, and this represents 24% of all actioned reports and 31% of ‘self-generated’ child sexual abuse reports.4aSuch data, emphasise the gender-aspect of the CSAM crime and the need to provide gender-tailored solutions. _________________ 1a International Hotline Organisation (INHOPE) Annual Report 2022, The EU network of hotlines, INHOPE, indicated that the number of online images of suspected child sexual abuse processed worldwide almost doubled between 2017 and 2019. 2a Europol, Exploiting isolation: Offenders and victims of online child sexual abuse during the COVID-19 pandemic. https://www.europol.europa.eu/cms/sites/d efault/files/documents/europol_covid_rep ort-cse_jun2020v.3_0.pdf 3a IWF annual report 2022 https://annualreport2022.iwf.org.uk/ 4a IWF annual report 2022 https://annualreport2022.iwf.org.uk/

Amendment 56 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 1 b (new)

(1b) Often, teenagers are manipulated into sharing images, or consensually share images which are later shared without their consent. This proposal should provide teenagers with tools to help prevent images from being shared without their consent, in particular through the possibility to submit the image to an EU "take it down" service, which prevents the image from being uploaded to social media websites.

Amendment 57 #

Proposal for a regulation
Recital 1 c (new)

(1c) The use of software to detect solicitation of children is insufficiently accurate, which means it could result in false positives, or could inadvertently flag child-to-child communications. This poses significant risks, in particular to LGBTQI+ children in hostile households.

Amendment 58 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 1 d (new)

(1d) The combined risks of attempting to detect unknown abuse material and solicitation pose a significant risk to children, and these technologies are also vulnerable to being bypassed by abusers, rendering them ineffective, therefore this legislation should focus on detecting known content, as well as flagging potential solicitation to the child user in an age-appropriate manner, and reducing creation and sharing of self-generated material.

Amendment 59 #

Proposal for a regulation
Recital 2

(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being ~~the only ones~~ in a position to prevent and to help combat such abuse. The measures taken should be targeted, carefully balanced ~~and proportionate~~, effective, evidence- based proportionate , and subject to constant review, so as to avoid any undue negative consequences for the fight against crime and for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid directly or indirectly imposing any excessive burdens on the providers of the services.

Amendment 60 #

Proposal for a regulation
Recital 2 a (new)

(2a) Abuse, exploitation and sexual violence against children are becoming more and more commonplace due to fast and advanced ICT (such as webcams, live streaming, social media platforms or computer games); there is a differentiation between genders in terms of online child sexual abuse, where girls are the main target group and are two to three times more vulnerable to sexual abuse than boys; we should note that statistics on the abuse of boys are often underestimated and such cases are less frequently reported;

Amendment 61 #

Proposal for a regulation
Recital 3

(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, may have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.

Amendment 62 #

Proposal for a regulation
Recital 3 a (new)

(3a) In order to effectively prevent child sexual abuse, Member States should: plan intervention by public and community bodies in the prevention of child exploitation and sexual abuse; implement effective intervention measures aimed at preventing risks of acts of sexual exploitation and sexual abuse against children; organise specific education campaigns on the protection and rights of children; implement actions to disseminate administrative measures, policies and social programmes with the aim of preventing the occurrence of acts of child sexual exploitation and sexual abuse; develop public awareness programmes through the media, on the phenomenon of sexual exploitation and on child sexual abuse, having regard to age and gender; ensure the promotion of policies to prevent child sexual exploitation and sexual abuse, particularly in the areas of Justice, Education, Health and Social Action; establish and disseminate effective social programmes to support victims, their families and any person to whom they are entrusted; enhance active social responses and multidisciplinary structures aimed at providing support to victims, with the necessary protection and assistance measures.

Amendment 63 #

Proposal for a regulation
Recital 4

(4) Therefore, this Regulation should directly contribute to ~~the proper functioning of the internal market by setting out~~establishing clear, uniform and balanced rules to prevent and combat child sexual abuse in a manner that is effective and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future- proof manner, so as not to hamper innovation. It should also contribute to raising awareness of the broad scope of the phenomenon of minor sexual abuse, which can not only include children of different ages, genders and social, cultural and economic backgrounds, but also has a particular impact on the close and extended family circle.

Amendment 64 #

Margarita DE LA PISA CARRIÓN, Jadwiga WIŚNIEWSKA

Proposal for a regulation
Recital 4

(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat child sexual abuse in a manner that is demonstrably and durably effective and that respects ~~the~~all fundamental rights of all parties concerned. In view of the fast- changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future- proof manner, so as not to hamper ~~innovation~~the fight against crime.

Amendment 65 #

Proposal for a regulation
Recital 4

(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat child sexual abuse in a manner that is effective and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future- proof manner, so as not to hamper innovation.

Amendment 66 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 4 a (new)

(4a) Through the internet, online predators can gain access to children faster and in increasing numbers, using chat rooms, emails, online games and social networking sites to find and groom victims. The list of risks deriving from the exposure of children to child sexual abuse, harassment and access to harmful content, include glorification and promotion of self-harm, suicide, violence, hate speech online and offline, drug taking, risky online challenges, eating disorders and dangerous dieting practices. Children may be exposed to, and participate in toxic, aggressive, disruptive or addictive behaviour or be targeted by inappropriate, sexist or racist content. Consecutively, this can in turn discourage participation in online activities especially by girls, and thus, have an impact on children’s rights. Evidently, girls remain the primary victims of CSAM, since the 91% of reports depict girls and 7% depict the abuse of boys1a. Equally significant is that research demonstrates that certain groups are particularly vulnerable to different types of child sexual abuse and exploitation and therefore, special focus must be given to them. This includes age as a key factor, together with gender or disability. _________________ 1a International Hotline Organization (INHOPE) Annual Report 2022 https://www.inhope.org/EN/articles/inhop e-annual-report-2022

Amendment 67 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 4 a (new)

(4a) In order to effectively prevent child sexual abuse, Member States should enhance all preventive measures, in particular, providing existing mechanisms, such as means for monitoring risk situations and identifying problems; Member States should also speed up the justice system assessment and response, carry out a rapid psychological assessment, protect children from contact with the abuser and support the family; it is also necessary to ensure priority mechanisms for continuous, universal and free therapeutic support to child victims, who can benefit from it throughout their lives, and to provide capacity to public health systems.

Amendment 68 #

Proposal for a regulation
Recital 4 a (new)

(4a) The existence of Child Sexual Abuse Material implies that child sexual abuse has already taken place. Detecting abuse material is important, but prevention is also vital. Therefore, member states should significantly strengthen educational measures to help children, teachers, and social services, to identify and report abuse, in particular by teaching children about consent from the earliest age possible, albeit in an age- appropriate manner.

Amendment 69 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 4 b (new)

(4b) Prevention plays a very significant role. Member States should ensure that they address the problem of online solicitation of children by providing efficient tools and materials for their digital education. Children should be given the necessary digital skills at home and in school in order to fully benefit from all the fields of the digital world, whilst ensuring their safety in the cyber sphere. The role of the parents is crucial. Parents should firstly be able to control and adequately supervise the children's behaviour in their online devices and advise them on safe online surfing; secondly they should be able to recognise children’s behaviours that result from sexual abuse online and preventing, if the case, potentially dangerous developments. Additionally, targeted cooperation with online platforms for awareness raising age appropriate and gender-targeted campaigns, tailored to the specific needs and interests of the children, can complement and help the education and guidance of the parent and children.

Amendment 70 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 4 b (new)

(4b) Many of the online risks associated with child abuse continue to pose a threat to adults, and many adults have already fallen victim, therefore this regulation should also focus on prevention of online risks, mandating the integration into applications of features that help children learn about, identify and avoid risks, making use of a "learning through doing" approach.

Amendment 71 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 4 c (new)

(4c) Fighting these brutal crimes, both online and in the real world, is a fundamental priority. In addition, it is essential to establish a fair balance between measures to protect child victims of sexual abuse and their fundamental rights and the protection of personal data, private and family life, freedom of expression and information. No child image should be subject to the production of illegal content and no child should be re-victimised by the sharing or repeated dissemination of child sexual abusive material which may reach extreme level in cases of so-called 'highly traded' material. The EU Centre and Coordinating Authorities should ensure the protection and support of the victims concerned when dealing with such requests from cases of highly traded child sexual abuse material.

Amendment 72 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 4 c (new)

(4c) The internet is an empowering and beneficial resource for children, allowing them to socialise, learn and play, however it can also pose significant risks. Many online services have set limits on the features accessible to children in order to mitigate these risks, however often depriving children of these features encourages them to lie about their age, or to try to evade age-verification systems. Therefore, rather than prohibiting access, services should focus on adapting their features and implementing safeguards for children.

Amendment 73 #

Eleni STAVROU, Frances FITZGERALD, Elżbieta Katarzyna ŁUKACIJEWSKA, Elissavet VOZEMBERG-VRIONIDI, Rosa ESTARÀS FERRAGUT

Proposal for a regulation
Recital 4 d (new)

(4d) The regulatory measures to address the dissemination of CSAM online shall be complemented by EU wide campaigns coordinated by the EU Center and the Coordinating Authorities of the Member States. Those campaigns shall include increasing public information and awareness of the phenomenon, seeking child-friendly and age-appropriate reporting, as well as informing about victims rights. Children need to be educated in a child friendly and child sensitive way, for the risks hidden of taking pictures or recording videos and sharing intimate pictures of themselves. An age appropriate comprehensive sexual education is thus very important in order to help children develop their understanding on what constitute a healthy relationship at an early age.

Amendment 74 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 4 d (new)

(4d) Developers should focus on responsibility by design, with the goal of preventing abuse, developing risk- mitigation and safety features for applications. To achieve this, it is important that developers understand how children use their services, and the threats they face. Therefore, children should be involved in the development process of risk-mitigation and safety features that are built for them.

Amendment 75 #

Proposal for a regulation
Recital 5

Amendment 76 #

Proposal for a regulation
Recital 6

Amendment 77 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 9

Amendment 78 #

Proposal for a regulation
Recital 9 a (new)

(9a) Case law of the European Court of Justice43ahas repeatedly found indiscriminate monitoring of Communications is incompatible with the Charter of Fundamental Rights of the European Union, therefore detection orders should be targeted to individuals or groups suspected of child sexual abuse, and not at the wider population. _________________ 43a Cases C-511/18, C-512/18, C-520/18, and C-623/17 Court of Justice of the European Union

Amendment 79 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 13

(13) The term ‘online child sexual abuse’ should cover not only the dissemination of material previously detected and confirmed as constituting child sexual abuse material (‘known’ material), but also of material not previously detected ~~that is likely to constitute child sexual abuse material but that has not yet been~~but since confirmed as such (‘new’ material), as well as activities constituting the solicitation of children (‘grooming’). That is needed in order to address not only past abuse, the re- victimisation and violation of the victims’ rights it entails, such as those to privacy and protection of personal data, but to also address recent, ongoing and imminent abuse, so as to prevent it as much as possible, to effectively protect children and to increase the likelihood of rescuing victims and stopping perpetrators.

Amendment 80 #

Proposal for a regulation
Recital 14

Amendment 81 #

Proposal for a regulation
Recital 15

Amendment 82 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 16

(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available number-independent interpersonal communications services should take reasonable measures to mitigate ~~the risk of their~~ services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, ~~including age verification and parental control tools,~~ may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation. Providers should also assess the reasonably foreseeable negative impacts of proposed mitigation measures, and if they disproportionately affect a group of people on the basis of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender or sexual orientation. Particular care should be taken to assess the impact on girls, who are at a greater risk of being subject to child sexual abuse and gender-based violence.

Amendment 83 #

Proposal for a regulation
Recital 16

Amendment 84 #

Karen MELCHIOR, Pierrette HERZBERGER-FOFANA, Michal ŠIMEČKA

Proposal for a regulation
Recital 16 a (new)

(16a) Parental controls that allow parents to access children’s private correspondence without their consent pose a significant risk to children’s privacy, but could also put at risk their safety, in particular in the cases of children who are being abused and who are trying to seek help, and LGBTQI+ children in hostile households. Therefore no provision in this legislation should enable or facilitate intrusions on children’s privacy.

Amendment 85 #

Proposal for a regulation
Recital 17

(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory mitigation measures should be established. Instead, providers should be left a degree of flexibility to design and implement measures tailored to the risk ~~identified~~exposure and the characteristics of the services they provide and the manners in which those services are used. In particular, providers are free to design and implement, in accordance with Union law, measures based on their existing practices ~~to detect online child sexual abuse~~ . Specific measures could include providing their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation, if deemed necessary by the competent national authorityechnical measures and tools that allow users to manage their own privacy visibility, reachability and safety, such as mechanisms for users to block or mute other users, mechanisms that ask for confirmation before displaying certain content, tools that prompt or warn users. .

Amendment 86 #

Proposal for a regulation
Recital 17

(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory mitigation measures should be established. Instead, providers should be left a degree of flexibility to design and implement measures tailored to the risk identified and the characteristics of the services they provide and the manners in which those services are used. In particular, providers are free to design and implement, in accordance with Union law, measures based on their existing practices to detect or prevent online child sexual abuse in their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation, if deemed necessary by the competent national authority.

Amendment 87 #

Proposal for a regulation
Recital 17 a (new)

(17a) Relying on providers for risk mitigation measures comes with inherent problems, as business models, technologies and crimes evolve continuously. As a result, clear targets, oversight, review and adaptation, led by national supervisory authorities are needed, to avoid measures becoming redundant, disproportionate, ineffective, counterproductive and outdated.

Amendment 88 #

Proposal for a regulation
Recital 18

(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available number-independent interpersonal communications services should, when designing and implementing the ~~mitigation~~specific measures, give importance not only to ensuring their effectiveness, but also to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which ~~mitigation~~specific measures that should reasonably be taken in a given situation, account should also be taken of the ongoing effectiveness of the measures and the financial and technological capabilities and the size of the provider concerned. When selecting appropriate ~~mitigation~~specific measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self-regulatory cooperation, and those contained in guidelines from the Commission. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measuresquantifying the expected impact of the available measures. Objective data on ongoing effectiveness must be provided, in order for any measure to be recognised as best practice.

Amendment 89 #

Proposal for a regulation
Recital 19

(19) In the light of their role as intermediaries facilitating access to software applications that may be misused for online child sexual abuse, providers of software application stores should be made subject to obligations to take certain reasonable measures to assess and mitigate that risk. The providers should make that assessment in a diligent manner, making efforts that are reasonable under the given circumstances, having regard inter alia to the nature and extent of that risk as well as their financial and technological capabilities and size, and cooperating with the providers of the services offered through the software application where possibleprovide parents with information on the features in applications that present a risk to children, as well as age and gender- sensitive guidance on how to discuss those risks with children.

Amendment 90 #

Proposal for a regulation
Recital 19

Amendment 91 #

Proposal for a regulation
Recital 19 a (new)

(19a) Regulation (EU) 2022/1925 (the Digital Markets Act) sets out provisions to ensure competition in mobile device ecosystems, which would allow citizens to install software on their mobile devices directly, without using software application stores, bypassing age verification at the level of software application stores. Therefore manufacturers of operating systems deemed as gatekeepers under the Digital Markets Act should provide an application programming interface through which applications can request age verification, either through the European Digital Identity Wallet as defined in Regulation (EU) No XXX/2023 establishing a framework for a European Digital Identity, or through a third-party service. Manufacturers of operating systems deemed as gatekeepers should also provide a service to process age- verification requests in a manner that respects the privacy of the user and does not store a record of the services they accessed.

Amendment 92 #

Proposal for a regulation
Recital 20

Amendment 93 #

Proposal for a regulation
Recital 20

(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection orders. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards, and targeted only to individuals suspected of child sexual abuse . For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services.

Amendment 94 #

Proposal for a regulation
Recital 21

Amendment 95 #

Proposal for a regulation
Recital 22

(22) However, the finding of such a significant risk should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detecIt should be ensured that investigation orders can be issued only after the Coordinating Authorities and the competent judicial authority or independent administrative authority having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the specific results anticipated by the measure, the likelihood and seriousness of any potential negative consequences for other parties affected, in particular for girls, ethnic and sexual minorities. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned.

Amendment 96 #

Proposal for a regulation
Recital 22

(22) However, the finding of such a significant risk should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detection orders can be issued only after the Coordinating Authorities and the competent judicial authority or independent administrative authority having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the likelihood and seriousness of any potential negative consequences for other parties affected, in particular girls, ethnic and sexual minorities. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned.

Amendment 97 #

Proposal for a regulation
Recital 24

(24) The competent judicial authority or the competent independent administrative authority, as applicable in accordance with the detailed procedural rules set by the relevant Member State, should be in a position to take a well-informed decision on requests for the issuance of detections orders. That is of particular importance to ensure the necessary fair balance of the fundamental rights at stake and a consistent approach, especially in connection to detection orders concerning the solicitation of children. Therefore, a procedure should be provided for that allows the providers concerned, the EU Centre on Child Sexual Abuse established by this Regulation (‘EU Centre’) and, where so provided in this Regulation, the competent data protection authority designated under Regulation (EU) 2016/679 to provide their views on the measures in question. They should do so as soon as possible, having regard to the important public policy objective at stake and the need to act without undue delay to protect children. In particular, data protections authorities should ~~do their utmost to avoid extending the time period set out in Regulation (EU) 2016/679 for~~ provid~~ing~~e their opinions in response to a prior consultation. Furthermore, they should normally be able to provide their opinion well within that time period in situations where the European Data Protection Board has already issued guidelines regarding the technologies that a provider envisages deploying and operating to execute a detection order addressed to it under this Regulation as quickly as possible.

Amendment 98 #

Proposal for a regulation
Recital 24

(24) The competent judicial authority ~~or the competent independent administrative authority, as applicable in accordance with the detailed procedural rules set by the relevant Member State, should~~should have the data necessary to be in a position to take a well-informed decision on requests for the issuance of ~~detec~~investigations orders. That is of particular importance to ensure the necessary fair balance of the fundamental rights at stake and a consistent approach, especially in connection to ~~detec~~investigation orders concerning the solicitation of children. Therefore, a procedure should be provided for that allows the providers concerned, the EU Centre on Child Sexual Abuse established by this Regulation (‘EU Centre’) and, where so provided in this Regulation, the competent data protection authority designated under Regulation (EU) 2016/679 to provide their views on the measures in question. They should do so ~~as soon as possible~~without undue delay, having regard to the important public policy objective at stake and the need to act ~~without undue delay~~ to protect children. ~~In particular~~Furthermore, data protections authorities should ~~do their utmost to avoid extending the time period set out in Regulation (EU) 2016/679 for providing their opinions in response to a prior consultation. Furthermore, they should~~ normally be able to provide their opinion ~~well within that time period~~in a timely manner in situations where the European Data Protection Board has already issued guidelines regarding the technologies that a provider envisages deploying and operating to execute a ~~detec~~n investigation order addressed to it under this Regulation.

Amendment 99 #

Proposal for a regulation
Recital 25

source: 746.982

2023/07/28 LIBE 1633 amendments...

Amendment 1000 #

Proposal for a regulation
Article 7 – paragraph 6

Amendment 1001 #

Proposal for a regulation
Article 7 – paragraph 6

Amendment 1002 #

Proposal for a regulation
Article 7 – paragraph 6

Amendment 1003 #

Proposal for a regulation
Article 7 – paragraph 6

Amendment 1004 #

Proposal for a regulation
Article 7 – paragraph 6

Amendment 1005 #

Proposal for a regulation
Article 7 – paragraph 6

Amendment 1006 #

Proposal for a regulation
Article 7 – paragraph 7

Amendment 1007 #

Proposal for a regulation
Article 7 – paragraph 7

Amendment 1008 #

Proposal for a regulation
Article 7 – paragraph 7

Amendment 1009 #

Proposal for a regulation
Article 7 – paragraph 7

Amendment 1010 #

Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1

As regards detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: (a) the provider qualifies as a provider of interpersonal communication services; (b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the solicitation of children; (c) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the solicitation of children.deleted

Amendment 1011 #

Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1

Amendment 1012 #

Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1

Amendment 1013 #

Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 2

~~The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user.~~deleted

Amendment 1014 #

Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 2

The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user and the other one an adult.

Amendment 1015 #

Proposal for a regulation
Article 7 – paragraph 8

8. The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. To that aim, they shall take into account all relevant parameters, including the availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. In particular, they shall ensure that: (a) where that risk is limited to an identifiable part or component of a service, the required measures are only applied in respect of that part or component; (b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4), (5) and (6) are provided for; (c) subject to paragraph 9, the period of application remains limited to what is strictly necessary.deleted

Amendment 1016 #

Proposal for a regulation
Article 7 – paragraph 8

Amendment 1017 #

Sara SKYTTEDAL, David LEGA, Andrey KOVATCHEV, Tomáš ZDECHOVSKÝ, Stefan BERGER, Christian DOLESCHAL, Helmut GEUKING, Ivan ŠTEFANEC, Peter POLLÁK, Johan NISSINEN, Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI, Karen MELCHIOR

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1

The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall, in accordance with Article 8 of Regulation (EU) 2022/2065, target and specify it in such a manner that the negative consequences referred to in paragraph ~~4, first subparagraph, point (b),~~2 remain limited to what is strictly necessary, justifiable and proportionate to effectively address the significant risk referred to in point (a) thereof, and limit the detection order to an identifiable part or component of a service, such as a specific channel of communication or a specific group of users identified with particularity for which the significant risk has been identified. In accordance with Article 6a, no such detection order shall be interpreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encrypted content and communications.

Amendment 1018 #

Sven SIMON, Christian DOLESCHAL, Niclas HERBST, Sara SKYTTEDAL, Jessica POLFJÄRD, Tomas TOBÉ, Arba KOKALARI

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1

The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or ~~independent administrative~~ authority when issuing the targeted detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereofeffective and proportionate with regards to the applicable standards of criminal law.

Amendment 1019 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1

Amendment 1020 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1

The Coordinating Authority of establishment when requesting the judicial validation and issuance of detection orders, and the competent judicial ~~or independent administrative~~ authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary ~~to effectively address the significant risk referred to in point (a) thereof~~and proportionate to obtain the information required to effectively investigate the case, and collect the information required to assess the existence of a criminal offence.

Amendment 1021 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1

The Coordinating Authority of establishment when requesting the issuance of detection orders, and ~~the competent judicial or independent administrative authority~~a court of law when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof.

Amendment 1022 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1

The Coordinating Authority of establishment when requesting the issuance of detection ~~orders~~warrant, and the competent judicial ~~or independent administrative authority~~ when issuing the detection ~~order~~warrant, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the ~~significant risk~~reasonable suspicion referred to in point (a) thereof.

Amendment 1023 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2

To that aim, they shall take into account all relevant parameters, including: (i) the availability of sufficiently reliable detection technologies in that they can be deployed without undermining the security of the service in question and they limit to the maximum extent possible the rate of errors regarding the detection ~~and~~; (ii) their suitability and effectiveness of the available technologies for achieving the objectives of this Regulation~~, as well as~~; (iii) the impact of the measures on the rights of the users affected, ~~and require the taking of~~thereby ensuring that detection orders are only requested and issued when sufficiently reliable technologies in accordance with point (i) are available and that the least intrusive measures are chosen, in accordance with Article 10, from among several equally effective measures.

Amendment 1024 #

Javier MORENO SÁNCHEZ, Juan Fernando LÓPEZ AGUILAR, Domènec RUIZ DEVESA, Pietro BARTOLO, Hilde VAUTMANS, Antonio LÓPEZ-ISTÚRIZ WHITE, Milan BRGLEZ, Heléne FRITZON, Estrella DURÁ FERRANDIS, Evin INCIR, Carina OHLSSON, Caterina CHINNICI, Cyrus ENGERER

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2

To that aim, they shall take into account all relevant parameters, including the technical feasability, availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measuresin particular the risk of inaccurately identifying lawful speech as illegal content, as well as the impact of the measures on the rights of the users affected and on the security, integrity and confidentiality of their communications, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. To this end, they shall ensure technologies are able to distinguish between known child abuse material and lawful speech accurately enough that no human intervention is needed.

Amendment 1025 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2

Amendment 1026 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2

To that aim, they shall take into account all relevant parameters, including the technical feasibility, availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, ~~as well as the impact of the measures on the rights of the users affected~~including their likelihood to inaccurately detect lawful speech as illegal content, as well as the impact of the measures on the rights of the users affected and on the security, integrity and confidentiality of their communications, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures.

Amendment 1027 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2

To that ~~aim~~end, they shall take into account all relevant parameters, including the availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, including their likelihood to inaccurately detect lawful speech as illegal content, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. Methods used to detect child sexual abuse material shall be able to distinguish between lawful and unlawful content without the need for any independent human assessment.

Amendment 1028 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3

In particular, they shall ensure that: (a) where that risk is limited to an identifiable part or component of a service, the required measures are only applied in respect of that part or component; (b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4), (5) and (6) are provided for; (c) subject to paragraph 9, the period of application remains limited to what is strictly necessary.deleted

Amendment 1029 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3

Amendment 1030 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point a

(a) where th~~at risk is limited to an identifiable part or component of a servic~~e information gathered in the risk assessment process indicates that that risk is limited to an identifiable part or component of a service where possible without prejudice to the effectiveness of the measure, the required measures are only applied in respect of that part or component;

Amendment 1031 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point a

(a) where the information gathered in the risk assessment process indicates that risk is limited to an identifiable part or component of a service, where possible without prejudice to the effectiveness of the measure, the required measures are only applied in respect of that part or component;

Amendment 1032 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point a

(a) where th~~at risk~~e suspicion is limited to a~~n identifiabl~~ discrete part or component of a service, the required measures are only applied in respect of the uploads and communications of the suspects via that part or component;

Amendment 1033 #

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point b

(b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4)~~, (5)~~ and (65) are provided for;

Amendment 1034 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 7 – paragraph 9

9. The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date. The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the detection order. It shall not be earlier than three months from the date at which the provider received the detection order and not be later than 12 months from that date. The period of application of detection orders concerning the dissemination of known or new child sexual abuse material shall not exceed 24 months and that of detection orders concerning the solicitation of children shall not exceed 12 months.deleted

Amendment 1035 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1

The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date., within which the providers of hosting services and providers of interpersonal communications services shall prove that their service is no longer misused for child sexual abuse and their specific service provided no longer poses a risk for child sexual abuse;

Amendment 1036 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1

~~The competent judicial authority or independent administrative authority~~A court of law shall specify in the detection order the period during which it applies, indicating the start date and the end date.

Amendment 1037 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1

The competent judicial authority or independent administrative authority shall specify in the targeted detection order the period during which it applies, indicating the start date and the end date.

Amendment 1038 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1

The competent judicial authority ~~or independent administrative authority~~ shall specify in the detection order the period during which it applies, indicating the start date and the end date.

Amendment 1039 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2

The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the detection order. ~~It shall not be earlier than three months from the date at which the provider received the detection order and not be later than 12 months from that date.~~

Amendment 1040 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2

The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the targeted detection order. It shall not be earlier than three months from the date at which the provider received the targeted detection order and not be later than 12 months from that date.

Amendment 1041 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2

The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the detection ~~order~~warrant. It shall not be earlier than three months from the date at which the provider received the detection order and not be later than 12 months from that date.

Amendment 1042 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 3

The period of application of detection orders ~~concerning the dissemination of known or new child sexual abuse material shall not exceed 24 months and that of detection orders concerning the solicitation of children shall not exceed 12 months~~shall be proportionate, taking all relevant factors into account.

Amendment 1043 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 3

The period of application of detection ~~order~~warrants concerning the dissemination of known ~~or new~~ child sexual abuse material shall not exceed ~~24 months and that of detection orders concerning the solicitation of children shall not exceed 12~~6 months.

Amendment 1044 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 3

The period of application of targeted detection orders concerning the dissemination of known or new child sexual abuse material shall not exceed 24 ~~months and that of detection orders concerning the solicitation of children shall not exceed 12~~ months.

Amendment 1045 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 3

Amendment 1046 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 3 a (new)

The European Data Protection Board shall also issue guidelines regarding the compliance with Regulation (EU) 2016/679 of existing and future technologies that are used for the detection of child sexual abuse material in encrypted and non-encrypted environments.Supervisory authorities as referred to in that Regulation shall supervise the application of those guidelines. Prior to the use of any specific technology pursuant to this Article, a mandatory prior data protection impact assessment as referred to in Article 35 of Regulation (EU) 2016/679 and a mandatory prior consultation procedure as referred to in Article 36 of that Regulation must be conducted.

Amendment 1047 #

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 3 b (new)

The competent supervisory authorities designated pursuant to Chapter VI, Section 1, of Regulation (EU) 2016/678 shall have the right to challenge a detection warrant within the competence pursuant to Chapter VI, Section 2 of Regulation (EU) 2016/678 before the courts of the Member State of the competent judicial authority that issued the detection warrant.

Amendment 1048 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 7 – paragraph 9 a (new)

9a. The competent supervisory authorities designated pursuant to Chapter VI, Section 1, of Regulation (EU) 2016/678 shall have the right to challenge a detection warrant within the competence pursuant to Chapter VI, Section 2 of Regulation (EU) 2016/678 before the competent judicial authority that issued the detection warrant.

Amendment 1049 #

Proposal for a regulation
Article 7 a (new)

Article7a Safeguards on encrypted services For the scope of this Regulation and for the the sole purpose to prevent and combat child sexual abuse, providers of interpersonal communications services shall be subjected to obligations to prevent, detect, report and remove online child sexual abuse on all their services, which may include as well those covered by end-to-end encyption, when there is a significant risk that their specific service is misused for online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment established in Article 3 of this Regulation. The technologies deployed to execute the detection order pursuant to Article 7 of this Regulation shall never prohibit encryption or make it impossible and shall only be deployed after a prior authorization by the Coordinating Authority, in consultation with the competent data protection authority, and be subjected to constant monitoring and auditing by the competent data protection authority to verify their compliance with Union law.

Amendment 1050 #

Proposal for a regulation
Article 7 a (new)

Article7a Safeguards on encrypted services For the scope of this regulation and for the sole purpose to prevent and combat child sexual abuse, providers of interpersonal communications services shall be subjected to obligations to prevent, detect, report and remove online child sexual abuse on all their services, which may include as well those covered by end-to-end encryption, when there is a significant risk that their specific service is misused for online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment established in Article 3 of this Regulation. The technologies deployed to execute the detection order pursuant to Article 7 of this Regulation shall never prohibit or make encryption impossible and only be deployed after a prior authorization by the Coordinating Authority, in consultation with the competent data protection authority, and be subjected to constant monitoring and auditing by the competent data protection authority to verify their compliance with Union law.

Amendment 1051 #

Proposal for a regulation
Article 8

~~[...]~~deleted

Amendment 1052 #

Proposal for a regulation
Article 8

~~[...]~~deleted

Amendment 1053 #

Proposal for a regulation
Article 8

~~[...]~~deleted

Amendment 1054 #

Proposal for a regulation
Article 8 – title

Additional rules regarding targeted detection orders

Amendment 1055 #

Proposal for a regulation
Article 8 – title

Additional rules regarding detection ~~order~~warrants

Amendment 1056 #

Proposal for a regulation
Article 8 – title

Additional rules regarding detection ~~order~~warrants

Amendment 1057 #

Proposal for a regulation
Article 8 – paragraph 1

1. The competent judicial authority or independent administrative authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include: (a) information regarding the measures to be taken to execute the detection order, including the indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3) and, where applicable, any additional safeguards as referred to in Article 7(8); (b) identification details of the competent judicial authority or the independent administrative authority issuing the detection order and authentication of the detection order by that judicial or independent administrative authority; (c) the name of the provider and, where applicable, its legal representative; (d) the specific service in respect of which the detection order is issued and, where applicable, the part or component of the service affected as referred to in Article 7(8); (e) whether the detection order issued concerns the dissemination of known or new child sexual abuse material or the solicitation of children; (f) the start date and the end date of the detection order; (g) a sufficiently detailed statement of reasons explaining why the detection order is issued; (h) a reference to this Regulation as the legal basis for the detection order; (i) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the detection order; (j) easily understandable information about the redress available to the addressee of the detection order, including information about redress to a court and about the time periods applicable to such redress.deleted

Amendment 1058 #

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

1. ~~The competent judicial authority or independent administrative authority~~A court of law shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include:

Amendment 1059 #

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

1. The competent judicial authority ~~or independent administrative authority~~ shall issue the detection orders referred to in Article 7 ~~using the template set out in Annex I. D~~. Targeted detection orders shall include at minimum:

Amendment 1060 #

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

1. The competent judicial authority ~~or independent administrative authority~~ shall issue the detection ~~order~~warrants referred to in Article 7 using the template set out in Annex I. Detection ~~order~~warrants shall include:

Amendment 1061 #

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

Amendment 1062 #

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

1. The competent judicial authority ~~or independent administrative~~ authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include:

Amendment 1063 #

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

1. The competent judicial authority ~~or independent administrative authority~~ shall issue the targeted detection orders referred to in Article 7 using the template set out in Annex I. DTargered detection orders shall include:

Amendment 1064 #

Proposal for a regulation
Article 8 – paragraph 1 – point a

(a) information regarding the specific measures to be taken to execute the detection order, including the specific person or specific persons the detection must concern, the temporal scope, indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3) and, where applicable, any additional safeguards as referred to in Article 7(8);

Amendment 1065 #

Proposal for a regulation
Article 8 – paragraph 1 – point a

(a) information regarding the measures to be taken to execute the detection order, including the indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3) ~~and, where applicable, any additional safeguards as referred to in Article 7(8)~~;

Amendment 1066 #

Proposal for a regulation
Article 8 – paragraph 1 – point a a (new)

(aa) information, with respect to each device or user account, detailing the specific purpose and scope of the warrant, including the legal basis for the reasonable suspicion.

Amendment 1067 #

Proposal for a regulation
Article 8 – paragraph 1 – point b

Amendment 1068 #

Proposal for a regulation
Article 8 – paragraph 1 – point b

(b) identification details of the competent judicial authority ~~or the independent administrative authority~~ issuing the detection order and authentication of the targeted detection order by that judicial ~~or independent administrative~~ authority;

Amendment 1069 #

Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)

(ca) (c) the name of the user(s) for whom a targeted detection order has been issued, insofar it is known, and digital aliases in use by the user(s).

Amendment 1070 #

Proposal for a regulation
Article 8 – paragraph 1 – point d

(d) the specific service in respect of which the targeted detection order is issued and, where applicable, the part or component of the service affected as referred to in Article 7(8);

Amendment 1071 #

Proposal for a regulation
Article 8 – paragraph 1 – point e

~~(e) whether the detection order issued concerns the dissemination of known or new child sexual abuse material or the solicitation of children;~~deleted

Amendment 1072 #

Proposal for a regulation
Article 8 – paragraph 1 – point e

~~(e) whether the detection order issued concerns the dissemination of known or new child sexual abuse material or the solicitation of children;~~deleted

Amendment 1073 #

Proposal for a regulation
Article 8 – paragraph 1 – point e

~~(e) whether the detection order issued concerns the dissemination of known or new child sexual abuse material or the solicitation of children;~~deleted

Amendment 1074 #

Proposal for a regulation
Article 8 – paragraph 1 – point e

(e) whether the targeted detection order issued concerns the dissemination of known or new child sexual abuse material ~~or the solicitation of children~~;

Amendment 1075 #

Proposal for a regulation
Article 8 – paragraph 1 – point e a (new)

(ea) the person or group of persons covered by the detection order and specifics of the suspicion of illegal activities;

Amendment 1076 #

Proposal for a regulation
Article 8 – paragraph 1 – point f

(f) the start date and the end date of the targeted detection order;

Amendment 1077 #

Proposal for a regulation
Article 8 – paragraph 1 – point g

(g) a sufficiently detailed ~~statement of reas~~justifications explaining why the detection ~~order~~warrant is issued and how it is necessary, effective and proportionate;

Amendment 1078 #

Proposal for a regulation
Article 8 – paragraph 1 – point g

(g) a sufficiently detailed statement of ~~reasons~~evidence explaining why the targeted detection order is issued;

Amendment 1079 #

Proposal for a regulation
Article 8 – paragraph 1 – point g

(g) a ~~sufficiently~~ detailed statement of reasons explaining why the detection order is issued;

Amendment 1080 #

Proposal for a regulation
Article 8 – paragraph 1 – point h

(h) the factual and legal grounds justifying the issuing of the order, and a reference to this Regulation as the legal basis for the detection order;

Amendment 1081 #

Proposal for a regulation
Article 8 – paragraph 1 – point h

(h) a reference to this Regulation as the legal basis for the targeted detection order;

Amendment 1082 #

Proposal for a regulation
Article 8 – paragraph 1 – point i

(i) the date, time stamp and electronic signature of the judicial ~~or independent administrative~~ authority issuing the detection order;

Amendment 1083 #

Proposal for a regulation
Article 8 – paragraph 1 – point i

(i) the date, time stamp and electronic signature of the judicial ~~or independent administrative~~ authority issuing the targeted detection order;

Amendment 1084 #

Proposal for a regulation
Article 8 – paragraph 1 – point j

(j) easily understandable information about the redress available to the addressee of the targeted detection order, including information about redress to a court and about the time periods applicable to such redress.

Amendment 1085 #

Proposal for a regulation
Article 8 – paragraph 2

2. The competent judicial authority or independent administrative authority issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24. The detection order shall be transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2). The detection order shall be drafted in the language declared by the provider pursuant to Article 23(3).deleted

Amendment 1086 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

The co~~mpetent judicial authority or independent administrative authority~~urt of law issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.

Amendment 1087 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

Amendment 1088 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

The competent judicial authority ~~or independent administrative authority~~ issuing the targeted detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.

Amendment 1089 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2

The targeted detection order shall be transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2).

Amendment 1090 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2

The detection order shall be securly transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2).

Amendment 1091 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 3

The targeted detection order shall be drafted in the language declared by the provider pursuant to Article 23(3).

Amendment 1092 #

Proposal for a regulation
Article 8 – paragraph 3

3. If the provider cannot execute the detection order because it contains manifest errors or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex II.deleted

Amendment 1093 #

Proposal for a regulation
Article 8 – paragraph 3

3. If the provider cannot execute the detection order because it contains ~~manifest errors~~errors, it appears unnecessary or disproportionate, or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary corrections or clarifications to the Coordinating Authority of establishment, using the template set out in Annex II.

Amendment 1094 #

Proposal for a regulation
Article 8 – paragraph 3

Amendment 1095 #

Proposal for a regulation
Article 8 – paragraph 4

~~4. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 86 in order to amend Annexes I and II where necessary to improve the templates in view of relevant technological developments or practical experiences gained.~~

Amendment 1096 #

Proposal for a regulation
Article 8 – paragraph 4

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 in order to amend Annex~~es I and I~~ I where necessary to improve the templates in view of relevant technological developments or practical experiences gained.

Amendment 1097 #

Proposal for a regulation
Article 8 a (new)

Article8a Preservation of data in the context of detection orders 1. Detection orders may require the expedited preservation by the provider, insofar as the data is under their control, of one or more of the following data concerning the specific users against whom the detection order is directed, including new data generated after issuance of the order, as part of a planned or current criminal investigation; a) Traffic data: i) Pseudonyms, screen names or other identifiers used by the subject(s) of the investigation; ii) Network identifiers, such as IP addresses, port numbers, or MAC addresses used by, or associated with, the subject(s) of the investigation; iii) Any other traffic data, including metadata, of any activity linked to subject(s) of the investigation; b) Content data: i) Copies of any pictures or videos uploaded, downloaded or otherwise communicated by the subject(s) of the investigation; 2. Access to the data shall be made available to law enforcement authorities on the basis of the national law of the country of establishment of the provider. 3. The provider shall inform all users concerned of the order, unless the issuing authority instructs it, on the basis of a reasoned opinion, not to do so.

Amendment 1098 #

Proposal for a regulation
Article 9

~~[...]~~deleted

Amendment 1099 #

Proposal for a regulation
Article 9

~~[...]~~deleted

Amendment 1100 #

Proposal for a regulation
Article 9

~~[...]~~deleted

Amendment 1101 #

Redress, information, reporting and modification of targeted detection orders

Amendment 1102 #

Proposal for a regulation
Article 9 – title

9 Redress, information, reporting and modification of detection ~~order~~warrants

Amendment 1103 #

Proposal for a regulation
Article 9 – paragraph 1

1. Providers of hosting services and providers of interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detection order.deleted

Amendment 1104 #

Proposal for a regulation
Article 9 – paragraph 1

1. Providers of hosting services and providers of number independent interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detection order.

Amendment 1105 #

Proposal for a regulation
Article 9 – paragraph 1

1. Providers of hosting services and providers of number-independent interpersonal communications services that have received a detection ~~order~~warrant, as well as users affected by the measures taken to execute it, shall have a right to information and effective redress. That right shall include the right to challenge the detection ~~order~~warrant before the courts of the Member State of the competent judicial authority ~~or independent administrative authority~~ that issued the detection order.

Amendment 1106 #

Proposal for a regulation
Article 9 – paragraph 1

1. Providers of hosting services and providers of interpersonal communications services that have received a targeted detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the targeted detection order before the courts of the Member State of the competent judicial authority ~~or independent administrative authority~~ that issued the detection order.

Amendment 1107 #

Proposal for a regulation
Article 9 – paragraph 1

1. Providers of hosting services and providers of number-independent interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority ~~or independent administrative authority~~ that issued the detection order.

Amendment 1108 #

Proposal for a regulation
Article 9 – paragraph 2

2. When the detection order becomes final, the competent judicial authority or independent administrative authority that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2). For the purpose of the first subparagraph, a detection order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the detection order following an appeal.deleted

Amendment 1109 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1

When the detection order becomes final, the co~~mpetent judicial authority or independent administrative authority~~urt of law that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).

Amendment 1110 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1

Amendment 1111 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1

When the targeted detection order becomes final, the competent judicial authority ~~or independent administrative authority~~ that issued the targeted detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).

Amendment 1112 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2

For the purpose of the first subparagraph, a targeted detection order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the targeted detection order following an appeal.

Amendment 1113 #

Proposal for a regulation
Article 9 – paragraph 3

3. Where the period of application of the detection order exceeds 12 months, or six months in the case of a detection order concerning the solicitation of children, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detection order at least once, halfway through the period of application. Those reports shall include a detailed description of the measures taken to execute the detection order, including the safeguards provided, and information on the functioning in practice of those measures, in particular on their effectiveness in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, and on the consequences of those measures for the rights and legitimate interests of all parties affected.deleted

Amendment 1114 #

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1

Where the period of application of the detection order exceeds 12 months, ~~or six months in the case of a detection order concerning the solicitation of children,~~ the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detection order at least once, halfway through the period of application.

Amendment 1115 #

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1

Amendment 1116 #

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1

Where the period of application of the detection order exceeds 12six months, or ~~six~~three months in the case of a detection order concerning the solicitation of children, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detection order at least once, halfway through the period of application.

Amendment 1117 #

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2

Those reports shall include a detailed description of the measures taken to execute the detection order, including the safeguards provided, and information on the functioning in practice of those measures, ~~in particular on their effectiveness in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable,~~ and on the consequences of those measures for the rights and legitimate interests of all parties affected.

Amendment 1118 #

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2

Those reports shall include a detailed description of the measures taken to execute the detection order, including the safeguards provided, and information on the functioning in practice of those measures, in particular on their effectiveness in detecting the dissemination of known or new child sexual abuse material ~~or the solicitation of children~~, as applicable, and on the consequences of those measures for the rights and legitimate interests of all parties affected.

Amendment 1119 #

Proposal for a regulation
Article 9 – paragraph 4

4. In respect of the detection orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the significant risk identified at the time of the issuance of the detection order. That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the detection order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis.deleted

Amendment 1120 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

In respect of the targeted detection orders that the competent judicial authority ~~or independent administrative authority~~ issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the significant risk identified at the time of the issuance of the detection orderevidence has been substantiated.

Amendment 1121 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

In respect of the detection orders that the competent judicial authority ~~or independent administrative authority~~ issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the ~~significant risk~~reasonable suspicion or evidence identified at the time of the issuance of the detection order.

Amendment 1122 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

Amendment 1123 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

Amendment 1124 #

Proposal for a regulation
Article 10

~~[...]~~deleted

Amendment 1125 #

Proposal for a regulation
Article 10

~~[...]~~deleted

Amendment 1126 #

Proposal for a regulation
Article 10

~~[...]~~deleted

Amendment 1127 #

Proposal for a regulation
Article 10 – paragraph 1

Amendment 1128 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Abir AL-SAHLANI, Michal ŠIMEČKA, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 10 – paragraph 1

1. Providers of hosting services and providers of interpersonal communication services that have received a detection order concerning the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46.

Amendment 1129 #

Proposal for a regulation
Article 10 – paragraph 1

1. Providers of hosting services and providers of interpersonal communication services that have received a detection order or undertake voluntary detection measures in accordance with Article 4a, shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46.

Amendment 1130 #

Proposal for a regulation
Article 10 – paragraph 1

1. Providers of hosting services and providers of number-independent interpersonal communication services that have received a detection ~~order~~warrant shall execute it by installing and operating ~~technologies~~secure and privacy-friendly technologies, approved by the Centre, to detect the dissemination of known ~~or new~~ child sexual abuse material ~~or the solicitation of children~~, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46.

Amendment 1131 #

Proposal for a regulation
Article 10 – paragraph 1

1. Providers of hosting services and providers of interpersonal communication services that have received a targeted detection order shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46 and with Article 6a.

Amendment 1132 #

Proposal for a regulation
Article 10 – paragraph 1

1. Providers of hosting services and providers of interpersonal communication services that have received a detection order shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators providedaccording to article 7 shall execute it to collect evidence on one or more specific user’s child sexual abuse offences, using, if necessary, specific technologies approved for this purpose by the EU Centre in accordance with Article 46.

Amendment 1133 #

Proposal for a regulation
Article 10 – paragraph 1

1. Providers of hosting services and providers of number-independent interpersonal communication services that have received a detection ~~order~~warrant shall execute it by installing and operating technologies to detect the dissemination of known ~~or new~~ child sexual abuse material ~~or the solicitation of children~~, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46.

Amendment 1134 #

Proposal for a regulation
Article 10 – paragraph 2

2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies.deleted

Amendment 1135 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 10 – paragraph 2

2. The provider shall be entitled to acquire, install and operate, free of charge, technologies specified in the orders and made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made availabletechnologies relied on, regardless of whether provided by the EU service or procured or developped by the provider itself, shall be audited independently as per their performance, and the results of these audits as well as the benchmarks used to measure the performance shall be made publicly-available. Relying on technologies provided by the EU Centrer shall not ~~affec~~exempt the ~~responsibility of the provider to comply with those requirements and for any decisions it may take in connection to~~ provider from the obligation to conduct a prior data protection impact assessment, as referred to in Article 35 of Regulation (EU) 2016/679, and a prior consultation procedure, as referred to in Article 36 of that Regulation. The prior consultation shall include access of the supervisory a~~s a result of the use of the technologies~~uthority to the algorithm and the databases the content is matched against.

Amendment 1136 #

Proposal for a regulation
Article 10 – paragraph 2

2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order and, where needed, of adopting the security measures imposed by Article 7(3)(a). The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies.

Amendment 1137 #

Proposal for a regulation
Article 10 – paragraph 2

2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the ~~sole~~ purpose of using voluntary measures, when authorised, ofr executing ~~the~~a detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies.

Amendment 1138 #

Proposal for a regulation
Article 10 – paragraph 2

2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection order or voluntary detection. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies.

Amendment 1139 #

Proposal for a regulation
Article 10 – paragraph 2

2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the targeted detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies.

Amendment 1140 #

Proposal for a regulation
Article 10 – paragraph 2

2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of executing the detection ~~order~~warrant. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies.

Amendment 1141 #

Proposal for a regulation
Article 10 – paragraph 3

3. The technologies shall be: (a) effective in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable; (b) not be able to extract any other information from the relevant communications than the information strictly necessary to detect, using the indicators referred to in paragraph 1, patterns pointing to the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable; (c) in accordance with the state of the art in the industry and the least intrusive in terms of the impact on the users’ rights to private and family life, including the confidentiality of communication, and to protection of personal data; (d) sufficiently reliable, in that they limit to the maximum extent possible the rate of errors regarding the detection.deleted

Amendment 1142 #

Proposal for a regulation
Article 10 – paragraph 3 – introductory part

3. The technologies specified in the detection orders shall be:

Amendment 1143 #

Proposal for a regulation
Article 10 – paragraph 3 – point a

(a) be effective in ~~det~~collecting evidence on the dissemination of ~~known or new~~ child sexual abuse material ~~or the solicitation of children, as applicable~~;

Amendment 1144 #

Proposal for a regulation
Article 10 – paragraph 3 – point a

(a) effective in detecting the dissemination of known ~~or new~~ child sexual abuse material ~~or the solicitation of children~~, as applicable;

Amendment 1145 #

Proposal for a regulation
Article 10 – paragraph 3 – point a

(a) effective in detecting the dissemination of known ~~or new~~ child sexual abuse material ~~or the solicitation of children~~, as applicable;

Amendment 1146 #

Proposal for a regulation
Article 10 – paragraph 3 – point b

(b) not be able to extract nor deduce the substance of the content of the communications or any other information, from the relevant communications other than the information strictly necessary to detect, using the indicators referred to in paragraph 1, patterns pointing to the dissemination of ~~known or new~~ child sexual abuse material ~~or the solicitation of children, as applicable~~;

Amendment 1147 #

Proposal for a regulation
Article 10 – paragraph 3 – point b

(b) not be able to extract any other information from the relevant communications than the information strictly necessary to detect, using the indicators referred to in paragraph 1, patterns pointing to the dissemination of known ~~or new~~ child sexual abuse material ~~or the solicitation of children~~, as applicable;

Amendment 1148 #

Proposal for a regulation
Article 10 – paragraph 3 – point b

Amendment 1149 #

Proposal for a regulation
Article 10 – paragraph 3 – point c

(c) in accordance with the state of the art in the industry and the least intrusive in terms of the impact on the users’ rights to private and family life, including the confidentiality of communication, and to protection of personal data. It shall not weaken or undermine end-to-end encryption and shall not limit providers of information society services from providing their services applying end-to- end encryption;

Amendment 1150 #

Proposal for a regulation
Article 10 – paragraph 3 – point c

(c) be in accordance with the technological state of the art ~~in the industry~~ and the least intrusive in terms of the impact on the users’ rights to private and family life, including the confidentiality of communication, and to protection of personal data;

Amendment 1151 #

(d) be sufficiently reliable, in that they limit to the maximum extent possible the rate of errors ~~regarding the detection.~~where content is wrongly identified as known child sexual abuse material (“false positives”) to at most 1 in 50 billion, and where such occasional errors occur, their consequences are rectified without delay;

Amendment 1152 #

Proposal for a regulation
Article 10 – paragraph 3 – point d

(d) sufficiently reliable, in that they limit to the maximum extent possible the rate of errors regarding the detection., of content representing online child sexual abuse and, where such occasional errors occur, their consequences are rectified without delay;

Amendment 1153 #

Javier ZARZALEJOS

Proposal for a regulation
Article 10 – paragraph 3 – point d

(d) sufficiently reliable, in that they limit to the maximum extent possible the rate of errors regarding the detection. , with special attention to avoid deviations and bias with proper testing and training of algorithms and models where applicable.

Amendment 1154 #

Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)

(da) for searching known child sexual abuse material, create a unique, non- reconvertible digital signature (ʻhashʼ) of electronically communicated pictures or videos for the sole purpose of immediately comparing that hash with a database containing hashes of material previously reliably identified as child sexual abuse and exploitation material as provided by the EU Centre pursuant to Article 44(1);

Amendment 1155 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)

(da) the technologies used to detect patterns of possible solicitation of children are limited to the use of relevant key indicators and objectively identified risk factors such as age difference and the likely involvement of a child in the scanned communication, without prejudice to the right to human review.

Amendment 1156 #

Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)

(da) effective in setting up a reliable age-based filter that verifies the age of users and effectively prevents the access of child users to websites subject to online child sexual abuse, and child sexual abuse offenses.

Amendment 1157 #

Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)

(da) (e) focused on communications where there is an established suspicion of illegal activity and the technologies shall not lead to general monitoring of private communications;

Amendment 1158 #

Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)

(da) ensure that the interference with the fundamental right to privacy and the other rights laid down in the Charter is limited to what is strictly necessary.

Amendment 1159 #

Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)

(da) ensure that the interference with the fundamental right to privacy and the other rights laid down in the Charter is limited to what is strictly necessary

Amendment 1160 #

Hilde VAUTMANS, Maite PAGAZAURTUNDÚA, Fabienne KELLER, Olivier CHASTEL, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)

(da) not able to weaken end-to end encryption and to lead to a general monitoring of private comunications.

Amendment 1161 #

(da) not able to prohibit or make end- to-end encryption impossible.

Amendment 1162 #

Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)

(da) not able to prohibit or make end- to-end encryption impossible.

Amendment 1163 #

Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)

(da) not able to weaken end-to-end encryption.

Amendment 1164 #

Proposal for a regulation
Article 10 – paragraph 3 – point d b (new)

(db) ensure the processing is limited to what is strictly necessary for the purpose of detection, reporting and removal of child sexual abuse material and, unless child sexual abuse material has been detected and confirmed as such, the data is erased immediately;

Amendment 1165 #

Proposal for a regulation
Article 10 – paragraph 3 – point d c (new)

(dc) ensure the processing does not interfere with, weaken, or circumvent the security of encrypted communications, and only applies to unencrypted communications;

Amendment 1166 #

Proposal for a regulation
Article 10 – paragraph 4

4. The provider shall: (a) take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly necessary to execute the detection orders addressed to them; (b) establish effective internal procedures to prevent and, where necessary, detect and remedy any misuse of the technologies, indicators and personal data and other data referred to in point (a), including unauthorized access to, and unauthorised transfers of, such personal data and other data; (c) ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors and potential solicitation of children are detected, human intervention; (d) establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner; (e) inform the Coordinating Authority, at the latest one month before the start date specified in the detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3); (f) regularly review the functioning of the measures referred to in points (a), (b), (c) and (d) of this paragraph and adjust them where necessary to ensure that the requirements set out therein are met, as well as document the review process and the outcomes thereof and include that information in the report referred to in Article 9(3).deleted

Amendment 1167 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 1168 #

Proposal for a regulation
Article 10 – paragraph 4 – introductory part

4. The ~~provider~~issuing authority shall:

Amendment 1169 #

Proposal for a regulation
Article 10 – paragraph 4 – point -a (new)

(-a) ensure privacy by design and safety-by-design and by default and, where applicable, the protection of encryption.

Amendment 1170 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 10 – paragraph 4 – point a

(a) request, in respect of any specific technology used for the purpose set out in this Article, a mandatory prior data protection impact assessment as referred to in Article 35 of Regulation (EU) 2016/679, and request a mandatory prior consultation procedure as referred to in Article 36 of that Regulation have been conducted and take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known ~~or new~~ child sexual abuse material ~~or the solicitation of children~~, as applicable, insofar as strictly necessary to execute the detection ~~order~~warrants addressed to them;

Amendment 1171 #

Proposal for a regulation
Article 10 – paragraph 4 – point a

(a) take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly necessary to use voluntary measures, when authorised, or execut~~e th~~e detection orders addressed to them;

Amendment 1172 #

Proposal for a regulation
Article 10 – paragraph 4 – point a

(a) take all the necessary measures to ensure that the technologies specified in detection orders and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of ~~known or new~~ child sexual abuse material ~~or the solicitation of children, as applicable,~~ insofar as strictly necessary to execute the detection orders ~~addressed to them~~they issue;

Amendment 1173 #

Proposal for a regulation
Article 10 – paragraph 4 – point a

(a) take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material ~~or the solicitation of children~~, as applicable, insofar as strictly necessary to execute the targeted detection orders addressed to them;

Amendment 1174 #

Proposal for a regulation
Article 10 – paragraph 4 – point a a (new)

(aa) ensure privacy by design and safety-by-design and by default and, where applicable, the protection of encryption.

Amendment 1175 #

Proposal for a regulation
Article 10 – paragraph 4 – point b

(b) ~~establish effective~~include in detection orders specific internal procedures for providers to prevent and, where necessary, detect and remedy any misuse of the technologies, indicators and personal data and other data referred to in point (a), including unauthorized access to, and unauthorised transfers of, such personal data and other data;

Amendment 1176 #

Proposal for a regulation
Article 10 – paragraph 4 – point b

(b) establish effective internal procedures to prevent and, where necessary, detect and remedy any misuse of the technologies, indicators and personal data and other data referred to in point (a), including unauthorizsed access to, and unauthorised transfers of, such personal data and other data;

Amendment 1177 #

Proposal for a regulation
Article 10 – paragraph 4 – point c

(c) ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors and potential solicitation of children are detected, human intervention; ensure that any malfunctions or defects in the technologies used are remedied within a matter of hours;

Amendment 1178 #

Proposal for a regulation
Article 10 – paragraph 4 – point c

(c) include in detection orders specific obligations on providers ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors ~~and potential solicitation of children~~ are detected, human intervention;

Amendment 1179 #

(c) ensure ~~regular~~continuous human oversight ~~as necessary~~ to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors ~~and potential solicitation of children~~ are detected, immediate human intervention;

Amendment 1180 #

Proposal for a regulation
Article 10 – paragraph 4 – point c

(c) ensure ~~regular~~ human oversight a~~s necessary~~t any moment to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors ~~and potential solicitation of children~~ are detected, immediate human intervention;

Amendment 1181 #

Proposal for a regulation
Article 10 – paragraph 4 – point d

(d) establish and operate an accessible, ~~age~~child-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of ~~its~~providers’ obligations under this Section, as well as any decisions that ~~the~~ provider may have taken in relation to the use of the technologies, ~~including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users,~~ and process such complaints in an objective, effective and timely manner;

Amendment 1182 #

Proposal for a regulation
Article 10 – paragraph 4 – point d

(d) establish and operate an accessible, age-appropriate and user- and child- friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner ;

Amendment 1183 #

Proposal for a regulation
Article 10 – paragraph 4 – point d

Amendment 1184 #

Proposal for a regulation
Article 10 – paragraph 4 – point e

(e) inform the Coordinating Authority and competent Data Protection Authority, at the latest one month before the start date specified in the detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3);

Amendment 1185 #

Proposal for a regulation
Article 10 – paragraph 4 – point e

(e) inform the Coordinating Authority and Data Protection Authorities, at the latest one month before the start date specified in the detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3);

Amendment 1186 #

Proposal for a regulation
Article 10 – paragraph 4 – point e

(e) inform the Coordinating Authority, at the latest one month before the start date specified in the targeted detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3);

Amendment 1187 #

Proposal for a regulation
Article 10 – paragraph 4 – point e a (new)

(ea) request in respect of any specific technology used for the purpose set out in this Article, a prior data protection impact assessment as referred to in Article 35 of Regulation (EU) 2016/679, and request a prior consultation procedure as referred to in Article 36 of that Regulation have been conducted;

Amendment 1188 #

Proposal for a regulation
Article 10 – paragraph 4 – point f a (new)

(fa) ensure privacy without hampering the integrity of encryption and without leading to a general monitoring of private communications.

Amendment 1189 #

Proposal for a regulation
Article 10 – paragraph 4 – point f a (new)

(fa) ensure privacy by design and by default and, where applicable, without hampering the integrity of encryption.

Amendment 1190 #

Proposal for a regulation
Article 10 – paragraph 4 a (new)

4a. in respect of any specific technology used for the purpose set out in this Article, conduct a mandatory prior data protection impact assessment as referred to in Article 35 of Regulation (EU) 2016/679 and a mandatory prior consultation procedure as referred to in Article 36 of that Regulation;

Amendment 1191 #

Proposal for a regulation
Article 10 – paragraph 5

5. The provider shall inform users in a clear, prominent and comprehensible way of the following: (a) the fact that it operates technologies to detect online child sexual abuse to execute the detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications; (b) the fact that it is required to report potential online child sexual abuse to the EU Centre in accordance with Article 12; (c) the users’ right of judicial redress referred to in Article 9(1) and their rights to submit complaints to the provider through the mechanism referred to in paragraph 4, point (d) and to the Coordinating Authority in accordance with Article 34. The provider shall not provide information to users that may reduce the effectiveness of the measures to execute the detection order.deleted

Amendment 1192 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point a

(a) the fact that it operates technologies to detect ~~online~~known child sexual abuse material to execute the detection ~~order~~warrant, the ways in which it operates those technologies and the impact on the users’ fundamental rights to private and family life, including the confidentiality of ~~users’~~ communications and the protection of personal data;

Amendment 1193 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point a

(a) the fact that it operates technologies to detect ~~online~~ child sexual abuse material to execute the detection order, the ways in which it operates those technologies and the ~~impact on~~on the users’ fundamental rights to private and family life, including the confidentiality of ~~users’~~ communications; and the protection of personal data;

Amendment 1194 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point a

Amendment 1195 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point a

(a) the fact that it operates technologies to detect online child sexual abuse to execute the targeted detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications;

Amendment 1196 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point a

(a) the fact that it operates technologies to detect ~~online~~ child sexual abuse to execute the detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications;

Amendment 1197 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point b

~~(b) the fact that it is required to report potential online child sexual abuse to the EU Centre in accordance with Article 12;~~deleted

Amendment 1198 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point c

(c) the users’ right of judicial redress referred to in Article 9(1) and their rights to submit complaints to the provider through the mechanism referred to in paragraph 4, point (d) and to the Data Protection Authority and Coordinating Authority in accordance with Article 34.

Amendment 1199 #

Sven SIMON, Christian DOLESCHAL, Niclas HERBST, Sara SKYTTEDAL, Jessica POLFJÄRD, Tomas TOBÉ, Arba KOKALARI

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 2

The provider shall not provide information to users that may reduce the effectiveness of the measures to execute the targeted detection order, notwithstanding Article 6a and general advice on confidential communication.

Amendment 1200 #

Proposal for a regulation
Article 10 – paragraph 6

Amendment 1201 #

Proposal for a regulation
Article 10 – paragraph 6

Amendment 1202 #

Proposal for a regulation
Article 10 – paragraph 6

6. Where a provider detects potential online child sexual abuse through the measures taken to execute the targeted detection order, it shall inform the users concerned without undue delay, after Europol or the national law enforcement authority of a Member State that received the report pursuant to Article 48 has confirmed that the information to the users would not interfere with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.

Amendment 1203 #

Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Article 10 – paragraph 6

6. Where a provider detects potential ~~online~~ child sexual abuse material through the measures taken to execute the detection order, it shall inform the users concerned without undue delay, after ~~Europol or~~ the national law enforcement authority of a Member State that received the report pursuant to Article 48 has confirmed that the information to the users would not interfere with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.

Amendment 1204 #

Proposal for a regulation
Article 10 a (new)

Article10a Safeguarding end-to-end encryption The integrity of end-to-end encryption services must be safeguarded. The detection obligations set out in this section shall therefore not apply to end-to-end encryption services. This includes, inter alia, no possibility within end-to-end encryption technology to build in so called ‘backdoors’ i.e. client-side scanning with side-channel leaks which could weaken the end-to-end encryption and lead to a third part getting access to private data. Client-side scanning, when a message is scanned twice, on sending and receiving, threatens the integrity and privacy of users. Such ‘backdoors’ shall not be built in on end-to-end encryption in the pursuit of enforcing this regulation.

Amendment 1205 #

Proposal for a regulation
Article 11

The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having dueArticle 11 deleted Guidelines regard in ~~particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used.~~g detection obligations

Amendment 1206 #

Proposal for a regulation
Article 11

Amendment 1207 #

Proposal for a regulation
Article 11 – title

~~Guidelin~~Additional rules regarding detection obligations

Amendment 1208 #

The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used.deleted

Amendment 1209 #

Proposal for a regulation
Article 11 – paragraph 1

The Commission, in cooperation with the European Data Protection Board, Fundamental Rights Agency, Coordinating Authorities and the EU Centre and after having conducted a public consultation, ~~may~~shall issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments, ensuring that the interference with the fundamental right to privacy and the other rights laid down in the Charter is limited to what is strictly necessary and the manners in which the services covered by those provisions are offered and used.

Amendment 1210 #

Proposal for a regulation
Article 11 – paragraph 1

The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and trends reported by law enforcement, hotlines and civil society and the manners in which the services covered by those provisions are offered and used.

Amendment 1211 #

Proposal for a regulation
Article 11 – paragraph 1

The Commission, in cooperation with the Coordinating Authorities, and the EU Centre, after having consulted the European Data Protection Board and after having conducted a public consultation, may issue ~~guideline~~delegated acts on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used.

Amendment 1212 #

Proposal for a regulation
Article 11 – paragraph 1

The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having consulted the European Data Protection Board and having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used.

Amendment 1213 #

Proposal for a regulation
Chapter II – Section 3 – title

3 Reporting and removal obligations

Amendment 1214 #

Reporting and removal obligations

Amendment 1215 #

Proposal for a regulation
Article 12 – paragraph 1

1. Where a provider of hosting services or a provider of number- independent interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation of a~~ny information indicating potential~~lleged online child sexual abuse on its services, it shall promptly report, without delay, that abuse to the competent law enforcement and independent judicial authorities and submit a report thereon to the EU Centre in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2).

Amendment 1216 #

Proposal for a regulation
Article 12 – paragraph 1

1. Where a provider of hosting services or a provider of publicly available number-independent interpersonal communications services ~~becomes aware~~has actual knowledge of alleged online child sexual abuse on its services in any manner other than through a removal order issued in accordance with this Regulation ~~of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report thereon to the EU Centre~~, it shall promptly submit, using state of the art encryption, a report to the EU Centre and the relevant compent national authority in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2).

Amendment 1217 #

Proposal for a regulation
Article 12 – paragraph 1

1. Where a provider of hosting services or a provider of number- independent interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential ~~online~~ child sexual abuse material on its services, it shall promptly submit a report thereon to the EU Centre in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2).

Amendment 1218 #

Proposal for a regulation
Article 12 – paragraph 1

1. Where a provider of hosting services or a provider of number independent interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report thereon to the EU Centre in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2).

Amendment 1219 #

Proposal for a regulation
Article 12 – paragraph 1 a (new)

1a. Where a provider of hosting services has actual knowledge of online child sexual abuse material on its services and of its unlawful nature it shall expeditiously remove or disable access to it in all Member States.

Amendment 1220 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

Where the provider submits a report pursuant to paragraph 1, it shall ~~inform the user concerned, providing~~request authorisation from the EU Centre to notify the user concerned, which shall reply without undue delay, at maximum within two days. In case of authorisation, the provider shall notify the user without undue delay. The notification shall include information on the main content of the report, on the manner in which the provider has become aware of the ~~potential~~alleged child sexual abuse concerned, on the authority the report has been transferred to, on the follow-up given to the report insofar as such information is available to the provider and on the user’s possibilities of redress, including on the right to submit complaints to the Coordinating Authority in accordance with Article 34.

Amendment 1221 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

Where the provider submits a report pursuant to paragraph 1, it shall inform the user concerned, providing information on the main content of the report, on the manner in which the provider has become aware of the potential child sexual abuse concerned, on the follow-up given to the report insofar as such information is available to the provider and on the user’s possibilities of redress, including on the right to submit complaints to the Data Protection Authority and Coordinating Authority in accordance with Article 34.

Amendment 1222 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

Amendment 1223 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

Amendment 1224 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

The provider shall inform the user concerned without undue delay, either after having received a communication from the EU Centre indicating that it considers the report to be ~~manifestly~~ unfounded as referred to in Article 48(2), or after the expiry of a time period of three months from the date of the report without having received a communication from the EU Centre indicating that the information is not to be provided as referred to in Article 48(6), point (a), whichever occurs first.

Amendment 1225 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3

Amendment 1226 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3

Amendment 1227 #

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2a. The EU Center shall coordinate with the relevant competent authority the requests it receives for exercise of individuals’ right of access, rectification and deletion in relation to personal data processed pursuant to this Regulation.

Amendment 1228 #

Proposal for a regulation
Article 12 – paragraph 3

~~3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service.~~deleted

Amendment 1229 #

Proposal for a regulation
Article 12 – paragraph 3

3. The provider ~~shall establish and operate an accessible, age-appropriat~~, the EU centre, the competent authority or any judicial enforcement bodies , shall, without undue delay, notify the aind ~~user-friendly mechanism~~ividual or entity that have notified thate all~~ows users to flag to the provider potential online child sexual abuse~~eged online child sexual abuse, of their decision in respect of the information to which the notified content relates, providing information on the possibilities for redress in respect onf th~~e service~~at decision.

Amendment 1230 #

Proposal for a regulation
Article 12 – paragraph 3

3. The provider shall establish and operate an accessible, age-appropriate, child-friendly and user-friendly mechanism, including self-reporting tools, that allows users to flag or notify to the provider potential online child sexual abuse on the services. Those mechanisms shall allow for anonymous reporting already available through anonymous reporting channels as defined by Directive (EU) 2019/1937.

Amendment 1231 #

Proposal for a regulation
Article 12 – paragraph 3

3. The provider shall establish and operate an accessible, ~~age-appropriate and~~ user-friendly mechanism with age-appropriate and anonymous options that allows users to flag to the provider potential online child sexual abuse on the service.

Amendment 1232 #

Proposal for a regulation
Article 12 – paragraph 3

3. The provider shall establish and operate an accessible, age-appropriate and child- and user-friendly mechanism that allows users to flag to the provider potential online child sexual abuse on the service.

Amendment 1233 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. Providers of hosting services and providers of number independent interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include, insofar available:

Amendment 1234 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. Providers of hosting services and providers of number-independent interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include:

Amendment 1235 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

Amendment 1236 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

Amendment 1237 #

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

Amendment 1238 #

Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)

(aa) where applicable, an exact uniform resource locator and, where necessary, additional information for the identification of the child sexual abuse material

Amendment 1239 #

Proposal for a regulation
Article 13 – paragraph 1 – point a b (new)

(ab) the specific technology that enabled the provider to become aware of the potential online child sexual abuse;

Amendment 1240 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

Amendment 1241 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

Amendment 1242 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

Amendment 1243 #

Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)

(ca) where applicable, an exact uniform resource locator and, where necessary, additional information for the identification of the child sexual abuse material;

Amendment 1244 #

Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)

(ca) information on the reporting mechanism or specific technology used to detect the content;

Amendment 1245 #

Proposal for a regulation
Article 13 – paragraph 1 – point d

~~(d) all available data other than content data related to the potential online child sexual abuse;~~deleted

Amendment 1246 #

Proposal for a regulation
Article 13 – paragraph 1 – point d

~~(d) all available data other than content data related to the potential online child sexual abuse;~~deleted

Amendment 1247 #

Proposal for a regulation
Article 13 – paragraph 1 – point d

(d) ~~all~~other available data ~~other than content data~~ related to the reported potential online child sexual abuse;, including unique identifiers of the user and metadata related to media files and communications

Amendment 1248 #

Proposal for a regulation
Article 13 – paragraph 1 – point d

(d) ~~all available~~other relevant data other than content data related to the ~~potential~~suspected online child sexual abuse;

Amendment 1249 #

Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)

(da) a list of all traffic data and metadata retained in relation to the potential online child sexual abuse, which could be made available to law enforcement authorities, together with information concerning default retention periods.

Amendment 1250 #

Proposal for a regulation
Article 13 – paragraph 1 – point e

~~(e) whether the potential online child sexual abuse concerns the dissemination of known or new child sexual abuse material or the solicitation of children;~~deleted

Amendment 1251 #

Proposal for a regulation
Article 13 – paragraph 1 – point e

~~(e) whether the potential online child sexual abuse concerns the dissemination of known or new child sexual abuse material or the solicitation of children;~~deleted

Amendment 1252 #

Proposal for a regulation
Article 13 – paragraph 1 – point e

(e) whether the potential online child sexual abuse to their knowledge concerns the dissemination of known or new child sexual abuse material or the solicitation of children;

Amendment 1253 #

Proposal for a regulation
Article 13 – paragraph 1 – point f

~~(f) information concerning the geographic location related to the potential online child sexual abuse, such as the Internet Protocol address;~~deleted

Amendment 1254 #

Proposal for a regulation
Article 13 – paragraph 1 – point f

~~(f) information concerning the geographic location related to the potential online child sexual abuse, such as the Internet Protocol address;~~deleted

Amendment 1255 #

Proposal for a regulation
Article 13 – paragraph 1 – point f

(f) information concerning the apparent geographic location related to the potential online child sexual abuse, such as the Internet Protocol address;

Amendment 1256 #

Proposal for a regulation
Article 13 – paragraph 1 – point f

(f) information concerning the geographic location related to the ~~potential~~suspected online child sexual abuse~~, such as the Internet Protocol address;~~

Amendment 1257 #

Proposal for a regulation
Article 13 – paragraph 1 – point g

(g) a list of available information ~~concern~~indicating the identity of any user involved in the potential online child sexual abuse together with default retention periods;

Amendment 1258 #

Proposal for a regulation
Article 13 – paragraph 1 – point g

(g) information concerning the identity of any user involved in the ~~potential~~suspected online child sexual abuse;

Amendment 1259 #

Proposal for a regulation
Article 13 – paragraph 1 – point g a (new)

(ga) whether the provider considers that the report involves and imminent threat to the life or safety of a child or requires urgent action;

Amendment 1260 #

Proposal for a regulation
Article 13 – paragraph 1 – point h

(h) whether the provider has also reported, or will also report, the ~~potential~~suspected online child sexual abuse to a public authority or other entity competent to receive such reports of a third country and if so, which authority or entity;

Amendment 1261 #

Proposal for a regulation
Article 13 – paragraph 1 – point i

(i) where the ~~potential~~alleged online child sexual abuse concerns the dissemination of ~~known or new~~ child sexual abuse material, whether the provider has removed or disabled access to the material;

Amendment 1262 #

Proposal for a regulation
Article 13 – paragraph 1 – point i

(i) where the ~~potential~~suspected online child sexual abuse concerns the dissemination of known ~~or new~~ child sexual abuse material, whether the provider has removed ~~or disabled~~ access to the material;

Amendment 1263 #

Proposal for a regulation
Article 13 – paragraph 1 – point i a (new)

(ia) information on the specific technology that enabled the provider to become aware of the relevant abusive content, in case the provider became aware of the potential child sexual abuse following measures taken to execute a detection order issued in accordance with Article 7 of the Proposal.

Amendment 1264 #

Proposal for a regulation
Article 13 – paragraph 1 – point j

(j) whether the provider considers that the report is indicative of an imminent threat to the life or safety of a child or otherwise requires urgent action;

Amendment 1265 #

Proposal for a regulation
Article 13 – paragraph 1 – point j a (new)

(ja) information on the tools used by the provider to become aware of the reported online child sexual abuse, including data and aggregate statistics on how technologies used by the provider work;

Amendment 1266 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Abir AL-SAHLANI, Michal ŠIMEČKA, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 14 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it ~~or another independent administrative authority of that Member State~~ to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove ~~or disable access~~ in all Member States of one or more specific items of material that, after a diligent assessment, the ~~Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1)~~courts identified as constituting child sexual abuse material.

Amendment 1267 #

Proposal for a regulation
Article 14 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it ~~or another independent administrative authority of that Member State~~ to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts ~~or other independent administrative authorities referred to in Article 36(1)~~ identified as constituting illegal child sexual abuse material.

Amendment 1268 #

Proposal for a regulation
Article 14 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it ~~or another independent administrative authority of that Member State~~ to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts ~~or other independent administrative authorities~~ referred to in Article 36(1) identified as constituting child sexual abuse material.

Amendment 1269 #

Proposal for a regulation
Article 14 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it ~~or another independent administrative authority of that Member State~~ to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material.

Amendment 1270 #

Proposal for a regulation
Article 14 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove ~~or disable access~~ in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1) identified as constituting child sexual abuse material.

Amendment 1271 #

Proposal for a regulation
Article 14 – paragraph 2

2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof. For micro, small and medium enterprises, including open source providers, the removal order shall allow additional time, proportionate to the size and the resources of the provider, but in any case no longer than 3 days.

Amendment 1272 #

Proposal for a regulation
Article 14 – paragraph 2

Amendment 1273 #

Proposal for a regulation
Article 14 – paragraph 2

Amendment 1274 #

Proposal for a regulation
Article 14 – paragraph 2

Amendment 1275 #

Proposal for a regulation
Article 14 – paragraph 3 – introductory part

3. The competent judicial authority ~~or the independent administrative authority~~ shall issue a removal order using the template set out in Annex IV. Removal orders shall include:

Amendment 1276 #

Proposal for a regulation
Article 14 – paragraph 3 – point a

(a) identification details of the judicial ~~or independent administrative~~ authority issuing the removal order and authentication of the removal order by that authority;

Amendment 1277 #

Proposal for a regulation
Article 14 – paragraph 3 – point c

~~(c) the specific service for which the removal order is issu~~deleted;

Amendment 1278 #

Proposal for a regulation
Article 14 – paragraph 3 – point g

(g) a reference to Article 14 of this Regulation as the legal basis for the removal order;

Amendment 1279 #

Proposal for a regulation
Article 14 – paragraph 3 – point h

(h) the date, time stamp and electronic signature of the judicial ~~or independent administrative~~ authority issuing the removal order;

Amendment 1280 #

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1

Amendment 1281 #

Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1

If the provider cannot execute the removal order on grounds of force majeure or de facto impossibility ~~not attributable to it, including for objectively justifiable technical or operational reasons,~~ it shall, without undue delay, inform the Coordinating Authority of establishment of those grounds, using the template set out in Annex V.

Amendment 1282 #

Proposal for a regulation
Article 14 – paragraph 5 a (new)

5a. If the provider considers that the removal order has not been issued in accordance with this Article, or is manifestly abusive, it shall refuse to execute the order and provide a reasoned justification to the Coordinating Authority that issued the order.

Amendment 1283 #

Proposal for a regulation
Article 14 – paragraph 7

7. The provider shall, without undue delay and using the template set out in Annex VI, inform the Coordinating Authority of establishment and the EU Centre, of the measures taken to execute the removal order, indicating, in particular, whether the provider removed the child sexual abuse material ~~or disabled access thereto~~ in all Member States and the date and time thereof.

Amendment 1284 #

Proposal for a regulation
Article 14 – paragraph 8 a (new)

8a. Where Europol or a national authority become aware of the presence of child sexual abuse material on a hosting service, they shall notify the Coordinating authority of its exact uniform resource locator, and the Coordinating authority shall request a removal order where the conditions of paragraph 1 are met.

Amendment 1285 #

Proposal for a regulation
Article 15 – paragraph 1

Amendment 1286 #

Amendment 1287 #

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

Amendment 1288 #

(a) the fact that it removed the material ~~or disabled access thereto~~;

Amendment 1289 #

Proposal for a regulation
Article 15 – paragraph 3 – point b

(b) the reasons for the removal ~~or disabling~~, providing a copy of the removal order ~~upon the user’s request~~;

Amendment 1290 #

Proposal for a regulation
Article 15 – paragraph 3 – point b

(b) the reasons for the removal or disabling, providing a copy of the removal order ~~upon the user’s request~~;

Amendment 1291 #

Amendment 1292 #

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1

The Coordinating Authority of establishment may request, when requesting the judicial authority or independent administrative authority issuing the removal order, and after having consulted with relevant public authorities, that the provider is not to disclose any information regarding the removal of ~~or disabling of access to the~~ child sexual abuse material, where and to the extent necessary to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.

Amendment 1293 #

Proposal for a regulation
Chapter II – Section 5

~~[...]~~deleted

Amendment 1294 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Michal ŠIMEČKA, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Chapter II – Section 5

~~[...]~~deleted

Amendment 1295 #

Proposal for a regulation
Chapter II – Section 5

~~[...]~~deleted

Amendment 1296 #

~~[...]~~deleted

Amendment 1297 #

Proposal for a regulation
Article 16

~~[...]~~deleted

Amendment 1298 #

Proposal for a regulation
Article 16

~~[...]~~deleted

Amendment 1299 #

Proposal for a regulation
Article 16

~~[...]~~deleted

Amendment 1300 #

Proposal for a regulation
Article 16

~~[...]~~deleted

Amendment 1301 #

Proposal for a regulation
Article 16 – paragraph 1

Amendment 1302 #

Proposal for a regulation
Article 16 – paragraph 2

2. The Coordinating Authority of establishment shall, before requesting the issuance of a blocking order, carry out all investigations and assessments necessary to determine whether the conditions of paragraph 4 have been met. To that end, it shall, where appropriate: (a) verify that, in respect of all or a representative sample of the uniform resource locators on the list referred to in paragraph 1, the conditions of Article 36(1), point (b), are met, including by carrying out checks to verify in cooperation with the EU Centre that the list is complete, accurate and up-to-date; (b) require the provider to submit, within a reasonable time period set by that Coordinating Authority, the necessary information, in particular regarding the accessing or attempting to access by users of the child sexual abuse material indicated by the uniform resource locators, regarding the provider’s policy to address the risk of dissemination of the child sexual abuse material and regarding the provider’s financial and technological capabilities and size; (c) request the EU Centre to provide the necessary information, in particular explanations and assurances regarding the accuracy of the uniform resource locators in indicating child sexual abuse material, regarding the quantity and nature of that material and regarding the verifications by the EU Centre and the audits referred to in Article 36(2) and Article 46(7), respectively; (d) request any other relevant public authority or relevant experts or entities to provide the necessary information.deleted

Amendment 1303 #

Proposal for a regulation
Article 16 – paragraph 3

Amendment 1304 #

Proposal for a regulation
Article 16 – paragraph 4

4. The Coordinating Authority of establishment shall request the issuance of the blocking order, and the competent judicial authority or independent authority shall issue the blocking order, where it considers that the following conditions are met: (a) there is evidence of the service having been used during the past 12 months, to an appreciable extent, for accessing or attempting to access the child sexual abuse material indicated by the uniform resource locators; (b) the blocking order is necessary to prevent the dissemination of the child sexual abuse material to users in the Union, having regard in particular to the quantity and nature of that material, the need to protect the rights of the victims and the existence and implementation by the provider of a policy to address the risk of such dissemination; (c) the uniform resource locators indicate, in a sufficiently reliable manner, child sexual abuse material; (d) the reasons for issuing the blocking order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties, including the exercise of the users’ freedom of expression and information and the provider’s freedom to conduct a business. When assessing whether the conditions of the first subparagraph have been met, account shall be taken of all relevant facts and circumstances of the case at hand, including any information obtained pursuant to paragraph 2 and the views of the provider submitted in accordance with paragraph 3.deleted

Amendment 1305 #

Proposal for a regulation
Article 16 – paragraph 5

Amendment 1306 #

Proposal for a regulation
Article 16 – paragraph 6

6. The Coordinating Authority shall specify in the blocking order the period during which it applies, indicating the start date and the end date. The period of application of blocking orders shall not exceed five years.deleted

Amendment 1307 #

Proposal for a regulation
Article 16 – paragraph 7

7. In respect of the blocking orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority shall, where necessary and at least once every year, assess whether any substantial changes to the grounds for issuing the blocking orders occurred and, in particular, whether the conditions of paragraph 4 continue to be met. That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the blocking order the modification or revocation of such order, where necessary in the light of the outcome of that assessment or to take account of justified requests or the reports referred to in Article 18(5) and (6), respectively. The provisions of this Section shall apply to such requests, mutatis mutandis.deleted

Amendment 1308 #

Proposal for a regulation
Article 17

~~[...]~~deleted

Amendment 1309 #

Proposal for a regulation
Article 17

~~[...]~~deleted

Amendment 1310 #

Proposal for a regulation
Article 17

~~[...]~~deleted

Amendment 1311 #

Proposal for a regulation
Article 17

~~[...]~~deleted

Amendment 1312 #

Proposal for a regulation
Article 17

~~[...]~~deleted

Amendment 1313 #

Proposal for a regulation
Article 17 – paragraph 1

Amendment 1314 #

Proposal for a regulation
Article 17 – paragraph 1 – point d

(d) the specific service in respect of which the targeted detection order is issued;

Amendment 1315 #

Proposal for a regulation
Article 17 – paragraph 2

Amendment 1316 #

Proposal for a regulation
Article 17 – paragraph 3

Amendment 1317 #

Proposal for a regulation
Article 17 – paragraph 4

~~4. The blocking order shall be drafted in the language declared by the provider pursuant to Article 23(3).~~deleted

Amendment 1318 #

Proposal for a regulation
Article 17 – paragraph 5

Amendment 1319 #

Proposal for a regulation
Article 17 – paragraph 6

Amendment 1320 #

Proposal for a regulation
Article 18

~~[...]~~deleted

Amendment 1321 #

Proposal for a regulation
Article 18

~~[...]~~deleted

Amendment 1322 #

Proposal for a regulation
Article 18

~~[...]~~deleted

Amendment 1323 #

Proposal for a regulation
Article 18

~~[...]~~deleted

Amendment 1324 #

Proposal for a regulation
Article 18

~~[...]~~deleted

Amendment 1325 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 19

Amendment 1326 #

Proposal for a regulation
Article 19 – title

Liability of providers and hotlines

Amendment 1327 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 19 – paragraph 1

Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, ~~in particular activities aimed at detecting, identifying,~~or because of the voluntary measures they take to remov~~ing,~~e or disabl~~ing of~~e access to~~, blocking or reporting online child sexual abuse in accordance with those requirement~~ child sexual abuse material on their services.

Amendment 1328 #

Proposal for a regulation
Article 19 – paragraph 1

Providers of relevant information society services and hotlines shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, disabling of access to, blocking or reporting online child sexual abuse in accordance with those requirements.

Amendment 1329 #

Proposal for a regulation
Article 19 – paragraph 1

Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing~~, disabling of access to, blocking~~ or reporting online child sexual abuse in accordance with those requirements.

Amendment 1330 #

Proposal for a regulation
Article 19 – paragraph 1

Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing~~, disabling of access to, blocking~~ or reporting online child sexual abuse in accordance with those requirements.

Amendment 1331 #

Proposal for a regulation
Article 19 – paragraph 1

Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying, removing, ~~disabling of access to, block~~labelling, or reporting online child sexual abuse in accordance with those requirements.

Amendment 1332 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Abir AL-SAHLANI, Michal ŠIMEČKA, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 19 a (new)

Article19a Respect to Privacy Nothing in this Regulation shall be interpreted as a requirement to 1. break cryptography; 2. scan content on users’ devices; 3. restrict anonymous access to online services and software applications.

Amendment 1333 #

Proposal for a regulation
Article 20 – title

20 ~~Victims’~~Survivors' right to information amd support

Amendment 1334 #

Proposal for a regulation
Article 20 – title

Victims’ right to information and support

Amendment 1335 #

Proposal for a regulation
Article 20 – title

~~Victim~~Survivors’ right to information

Amendment 1336 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1

~~Persons residing~~Victims of child sexual abuse material hosted or disseminated in the Union or their representatives and persons in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they are~~side,~~ or a Coordinating Authority of their choosing, easily understandable and accessible information regarding any known instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. The right shall cover both an occasional information as well as a periodic information. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. The information in question shall be given in the language indicated by that person.

Amendment 1337 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1

~~Persons~~Any survivor, including child survivors and, after obtaining consent of the child, a parent of child survivors or their legal representative, residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, age-appropriate information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12 and referral to support services. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them.

Amendment 1338 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1

Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. . The information shall be provided to the persons requesting it in a confidential, easily understandable and accessible manner.

Amendment 1339 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1

~~Persons~~Victims of abuse residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them by staff adequately trained for such delicate task.

Amendment 1340 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1

~~Person~~Victims residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information and the referral to support regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them.

Amendment 1341 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1

~~Persons residing in the Union~~Victims shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them.

Amendment 1342 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)

The Coordinating Authority shall ensure that survivors, including child survivors and parents of child survivors, are informed about survivor support services where the survivors can receive age- appropriate and gender-sensitive information and support.

Amendment 1343 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2

Amendment 1344 #

Proposal for a regulation
Article 20 – paragraph 1 a (new)

1a. Victims of child sexual abuse or their representatives and persons living in the Union shall have the right to receive, upon their request, from the Coordinating Authority information regarding victim’s rights, support and assistance.The information shall be age-appropriate, accessible and gender-sensitive and shall include at a minimum: (a) the type of support they can obtain and from whom, including, where relevant, basic information about access to medical support, any specialist support, including psychological or social support, and alternative accommodation; (b) the procedures for making complaints with regard to a criminal offence and their role in connection with such procedures; (c) how and under what conditions they can obtain protection, including protection measures; (d) how and under what conditions they can access legal advice, legal aid and any other sort of advice; (e) how and under what conditions they can access compensation; (f) how and under what conditions they are entitled to interpretation and translation.

Amendment 1345 #

Proposal for a regulation
Article 20 – paragraph 1 b (new)

1b. In case a victim or victim representative indicates the preference for a periodic request, the Coordinating Authority shall submit, without delay, the information referred to in paragraph 3 proactively to the requester after the first submitted reply, in any new instances of reports referred to in paragraph 1 on a weekly basis. Victims or victim representatives may terminate the periodic request at any time by notifying the Coordinating Authority in question.

Amendment 1346 #

Proposal for a regulation
Article 20 – paragraph 2 – point b

(b) where applicable, the individual or entity ~~that is to receive the information on behalf~~formally assisting or representing the person that is to receive the information on behalf of the person making the request, with verifiable proof of approval of the person making the request;

Amendment 1347 #

Proposal for a regulation
Article 20 – paragraph 2 – point c

(c) sufficient elements to ~~demonstr~~verify thate the ~~identity~~child sexual abuse material in question matches with of the person making the request.;

Amendment 1348 #

Proposal for a regulation
Article 20 – paragraph 2 – point c a (new)

(ca) an indication if the request is occasional or covers a certain time period.

Amendment 1349 #

Proposal for a regulation
Article 20 – paragraph 3 – point d

(d) whether the provider reported having removed or disabled access to the material, in accordance with Article 13(1), point (i)., and in that case, all related information;

Amendment 1350 #

Proposal for a regulation
Article 20 – paragraph 3 – point d

(d) whether the provider reported having removed ~~or disabled access to~~ the material, in accordance with Article 13(1), point (i).

Amendment 1351 #

Proposal for a regulation
Article 20 – paragraph 3 – point d a (new)

(da) information regarding age- appropriate and gender-sensitive survivor support services to provide the child, family and survivors with adequate emotional and psychosocial support as well as practical and legal assistance.

Amendment 1352 #

Proposal for a regulation
Article 20 – paragraph 3 – point d a (new)

(da) if there were appeals to such removal, and in that case, all related information

Amendment 1353 #

Proposal for a regulation
Article 20 – paragraph 3 – point d b (new)

(db) relevant age-appropriate, accessible and gender-sensitive information on victim support and assistance in the victim’s region.

Amendment 1354 #

Proposal for a regulation
Article 21 – title

~~Victim~~Survivors’ right of assistance and support for removal

Amendment 1355 #

Proposal for a regulation
Article 21 – title

~~Victim~~Survivors’ right of assistance and support for removal

Amendment 1356 #

Proposal for a regulation
Article 21 – paragraph 1

Amendment 1357 #

Proposal for a regulation
Article 21 – paragraph 1

1. Providers of hosting services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known or new child sexual abuse material depicting them removed or to have access thereto disabled by the provider complemented in a timely matter and, if possible and appropriate, also included in the list of indicators used to prevent the further dissemination of these items and submitted to the Coordinating Authority in accordance with Article 36.

Amendment 1358 #

Proposal for a regulation
Article 21 – paragraph 1

1. Providers of hosting services shall provide ~~reasonabl~~adequate assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider. The assistance shall be provided by staff specifically trained to interact with victims of serious abuses.

Amendment 1359 #

Proposal for a regulation
Article 21 – paragraph 1

1. Providers of ~~hosting~~relevant information society services shall provide reasonable assistance, on request, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider.

Amendment 1360 #

Proposal for a regulation
Article 21 – paragraph 1

Amendment 1361 #

Proposal for a regulation
Article 21 – paragraph 1 a (new)

1a. Each Member State shall ensure the functioning of hotlines, including through funding and capacity building, in order for victims and their families to receive support from the competent authority in a timely manner.

Amendment 1362 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1

PVictims of child sexual abuse material hosted or disseminated in the Union or their representatives or persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides~~, support from the EU Centre when they seek to have a provider of hosting~~ or the Coordinating Authority of their choosing, age appropriate and gender-sensitive information on support for removal, including support from civil society organisations, hotlines and from the EU Centre when they seek to have a provider of hosting services or publicly available number-independent interpersonal communications services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them.

Amendment 1363 #

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1

~~Person~~Victims residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them taking into account the vulnerabilities of the person depicted. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. All professionals likely to come into contact with child victims of sexual abuse online should be adequately trained and able to recognise and address the specific needs of victims.

Amendment 1364 #

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1

Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services ~~remove or disable access to~~ one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. The information shall be provided to the persons requesting it in a confidential, easily understandable and accessible way.

Amendment 1365 #

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1

~~Person~~Victims residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the ~~person~~victim resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them.

Amendment 1366 #

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1

Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove ~~or disable access to~~ one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them.

Amendment 1367 #

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1

Persons residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove ~~or disable access to~~ one or more specific items of known child sexual abuse material depicting them. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them.

Amendment 1368 #

Proposal for a regulation
Article 21 – paragraph 2 – point 1 (new)

(1) The Member States shall provide for a support fund for victims of abuse. The fund shall provide legal assistance and shall be activated only once the EU Centre has proved an effective violation within the meaning of Article 1 of this regulation.

Amendment 1369 #

Proposal for a regulation
Article 21 – paragraph 3

3. The requests referred to in paragraphs 1 and 2 shall indicate the relevant item or items of child sexual abuse material and any other relevant information.

Amendment 1370 #

Proposal for a regulation
Article 21 – paragraph 4 – point b

(b) verifying whether the provider removed ~~or disabled access to~~ that item or those items, including by conducting the searches referred to in Article 49(1);

Amendment 1371 #

Proposal for a regulation
Article 21 – paragraph 4 – point b

(b) verifying whether the provider removed ~~or disabled access to~~ that item or those items, including by conducting the searches referred to in Article 49(1);

Amendment 1372 #

Proposal for a regulation
Article 21 – paragraph 4 – point d

(d) where necessary, informing the Coordinating Authority of establishment of the presence of that item or those items on the provider's service, with a view to the issuance of a removal order pursuant to Article 14. and the obligations under Article 21;

Amendment 1373 #

Proposal for a regulation
Article 21 – paragraph 4 – point d a (new)

(da) information regarding victim’s rights, assistance and support pursuant to Article 21.

Amendment 1374 #

Proposal for a regulation
Article 21 a (new)

Article21a Right to lodge a complaint with a supervisory authority 1. Without prejudice to any other administrative or judicial remedy, every user shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the user considers that the processing of personal data relating to him or her infringes this Regulation or Regulation (EU) 2016/679. 2. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 21b.

Amendment 1375 #

Proposal for a regulation
Article 21 b (new)

Article21b Right to an effective judicial remedy against a provider of a hosting services or a providers of a number-independent interpersonal communications service 1. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to 21a, each user shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation or Regulation (EU) 2016/679. 2. Proceedings against a provider of a hosting service or a provider of a number- independent interpersonal communications service shall be brought before the courts of the Member State where the provider has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the user has his or her habitual residence.

Amendment 1376 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – introductory part

Providers of hosting services and providers of number-independent interpersonal communications services shall preserve the content data and other data processed in connection to the measures taken to comply with this Regulation and the personal data generated through such processing, only for one or more of the following purposes, as applicable:

Amendment 1377 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – introductory part

Amendment 1378 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – introductory part

Amendment 1379 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – introductory part

Providers of hosting services and providers of number independent interpersonal communications services shall preserve the content data and other data processed in connection to the measures taken to comply with this Regulation and the personal data generated through such processing, only for one or more of the following purposes, as applicable:

Amendment 1380 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point a

(a) executing a ~~detection order issued pursuant to Article 7, or a~~ removal order issued pursuant to Article 14;

Amendment 1381 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – point c

~~(c) blocking the account of, or suspending or terminating the provision of the service to, the user concern~~deleted;

Amendment 1382 #

(e) responding to requests issued by competent law enforcement authorities and judicial authorities in accordance with the applicable law, with a view to providing them with the necessary information for the prevention, detection, investigation or prosecution of child sexual abuse offences, insofar as the content data and other data relate to a report that the provider has submitted to the EU Centre pursuant to Article 12. All such requests shall be logged.

Amendment 1383 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 2

As regards the first subparagraph, point (a), the provider may also preserve the information for the purpose of improving the effectiveness and accuracy of the technologies to detect online child sexual abuse for the execution of a detection order issued to it in accordance with Article 7. However, it shall not store any personal data for that purpose.deleted

Amendment 1384 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 2

Amendment 1385 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 2

Amendment 1386 #

Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 2

As regards the first subparagraph, point (a), the provider ~~may also preserve the information for the purpose of improving the effectiveness and accuracy of the~~who uses its own detection technologies to detect online child sexual abuse for the execution of a detection order issued to it in accordance with Article 7~~. However, it shall not store any personal data~~ may also preserve the information for the purpose of improving the effectiveness and accuracy of these technologies, if the personal data preserved this way is fully anonymised. No personal data shall be retained for that purpose.

Amendment 1387 #

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1

Providers shall securely preserve the information referred to in paragraph 1 for no longer than necessary for the applicable purpose and, in any event, no longer than 12 months from the date of the reporting or of the removal or disabling of access, whichever occurs first.

Amendment 1388 #

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1

Providers shall preserve the information referred to in paragraph 1 for no longer than necessary for the applicable purpose and, in any event, no longer than 12 months from the date of the reporting or of the removal ~~or disabling of access~~, whichever occurs first.

Amendment 1389 #

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 3

Providers shall ensure that the information referred to in paragraph 1 is preserved in a ~~secure manner~~n encrypted or protected in a similarly secure way and that the preservation is subject to state of the art appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the information can be accessed and processed only for the purpose for which it is preserved, that unauthorised access to, and unauthorised transfers of, such personal data and other data are prevented, that a high level of security is achieved and that the information is deleted upon the expiry of the applicable time periods for preservation. Providers shall regularly review those safeguards and adjust them where necessary.

Amendment 1390 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 3

Providers shall ensure that the information referred to in paragraph 1 is preserved in a secure manner and that the preservation is subject to appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the information can be accessed and processed only for the purpose for which it is preserved, that a high level of security is achieved, all access to the data is logged, and that the information is deleted upon the expiry of the applicable time periods for preservation. Providers shall regularly review those safeguards and adjust them where necessary.

Amendment 1391 #

Proposal for a regulation
Article 23 – paragraph 1

1. PAs referred to in Article 12 of the Digital Service Act Regulation, providers of relevant information society services shall establish a single point of contact allowing for direct communication, by electronic means, with the Coordinating Authorities, other competent authorities of the Member States, the Commission and the EU Centre, for the application of this Regulation.

Amendment 1392 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 24 – paragraph 3

3. The provider shall mandate its legal representatives to be addressed in addition to or instead of the provider by the Coordinating Authorities, other competent authorities of the Member States and the Commission on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation~~, including detection orders, removal orders and blocking orders~~.

Amendment 1393 #

Proposal for a regulation
Article 24 a (new)

Article24a Anonymous public reporting of online child sexual abuse 1. Member States shall ensure that the public has the possibility to anonymously report child sexual abuse material and child sexual exploitation activities to recognised non-governmental organisations specialised in combatting online child sexual abuse material. 2. Member States shall ensure that hotlines operating in their territory are authorised to view, assess and process anonymous reports of child sexual abuse material. 3. Member States shall grant hotlines the authority to issue content removal notices for confirmed instances of child sexual abuse material. 4. Member States shall authorise hotlines to voluntarily conduct pro-active searching for child sexual abuse material online.

Amendment 1394 #

Proposal for a regulation
Article 25 – paragraph 1

Amendment 1395 #

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1

Where Member States ~~shall, by the date referred to in paragraph 1, designate~~designate more than one competent authority, it shall appoint one of those competent authorities as their Coordinating Authority for child sexual abuse issues (‘Coordinating Authority’). Where they designate only one competent authority, that competent authority shall be the Coordinating Authority.

Amendment 1396 #

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2

The Coordinating Authority shall be responsible for all matters related to application and enforcement of this Regulation in the Member State concerned, unless that Member State has assigned certain specific tasks or sectors to other competent authorities. The Coordinating Authority shall also be responsible for the coordination and adaptation of prevention techniques, elaborated by the EU Centre. The Coordinating Authority shall issue recommendations and good practices on improving digital skills and competences, including media literacy, amongst the population through the realization of awareness campaigns on a national level, targeting in particular parents and children on the detection and prevention of child sexual abuse online.

Amendment 1397 #

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2

Amendment 1398 #

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3

The Coordinating Authority shall in any event be responsible for ensuring coordination and overseeing the implementation at national level in respect of those matters, including issues related to prevention, education and awareness raising and the organisation of regular training activities for officials, including in law enforcement authorities who deal with cases which involve children, and for contributing to the effective, efficient and consistent application and enforcement of this Regulation throughout the Union.

Amendment 1399 #

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3

The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters including issues related to prevention, education and awareness raising and the organisation of regular training activities for officials, including in law enforcement authorities who deal with cases which involve children and for contributing to the effective, efficient and consistent application and enforcement of this Regulation throughout the Union.

Amendment 1400 #

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3

The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters, including matters related to prevention, and for contributing to the effective, efficient and consistent application and enforcement of this Regulation and Directive 2011/93/EU throughout the Union.

Amendment 1401 #

Paul TANG, Alex AGIUS SALIBA, Marcos ROS SEMPERE

Proposal for a regulation
Article 25 – paragraph 5

5. Each Member State shall ensure that a sufficiently staffed contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters ~~related to the applic~~contributing to the achievements of the objective of this Regulation and enforcement of ~~this Regulation~~Directive 2011/93/EU in that Member State~~. Member States shall make the information on the contact point publicly available and communicate it~~, including for trusted organisations providing assistance to victims and providing education and awareness raising. Member States shall make the information on the contact point widely accessible through gender-sensitive and age-appropriate online and offline awareness raising campaigns and communicate this information to the EU Centre. They shall keep that information updated.

Amendment 1402 #

Proposal for a regulation
Article 25 – paragraph 5

5. Each Member State shall ensure that a contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation in that Member State. Member States shall make the information on the contact point publicly available ~~and~~, shall disseminate this information through gender-sensitive awareness raising campaigns in public places frequented by children, and girls in particular, and shall communicate it to the EU Centre. They shall keep that information updated.

Amendment 1403 #

Proposal for a regulation
Article 25 – paragraph 6

6. Within two weeks after the designation of the Coordinating Authorities pursuant to paragraph 2, the EU Centre shall set up an online public register listing the Coordinating Authorities and their contact points. The EU Centre shall regularly publish any modification thereto.

Amendment 1404 #

Proposal for a regulation
Article 25 – paragraph 7 – point a

~~(a) provide certain information or technical expertise on matters covered by this Regulation;~~deleted

Amendment 1405 #

Proposal for a regulation
Article 25 – paragraph 7 – point a

(a) provide certain information o~~r technical expertise on matters covered by this Regulation;~~n matters covered by this Regulation, including knowledge and expertise on appropriate prevention techniques against online solicitation of children and the dissemination of CSAM online.

Amendment 1406 #

Proposal for a regulation
Article 25 – paragraph 7 – point a a (new)

(aa) provide information and expertise on gender-sensitive and age appropriate victim support and prevention of online child sexual abuse.

Amendment 1407 #

Proposal for a regulation
Article 25 – paragraph 7 – point b

Amendment 1408 #

Proposal for a regulation
Article 25 – paragraph 7 – point b

(b) assist in assessing, in accordance with Article 5(2), the risk assessment conducted or updated or the mitigation measures taken by a provider of hosting or number-independent interpersonal communication services under the jurisdiction of the Member State that designated the requesting Coordinating Authority;

Amendment 1409 #

Proposal for a regulation
Article 25 – paragraph 7 – point c

Amendment 1410 #

Proposal for a regulation
Article 25 – paragraph 7 – point c

(c) verify the possible need to request competent national authorities to issue a ~~detection order, a removal order or a blocking~~removal order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority;

Amendment 1411 #

Proposal for a regulation
Article 25 – paragraph 7 – point c

(c) verify the possible need to request competent national authorities to issue a detection ~~order~~warrant, a removal order or a blocking order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority;

Amendment 1412 #

Proposal for a regulation
Article 25 – paragraph 7 – point c

(c) verify the possible need to request competent national authorities to issue a detection order, a removal order ~~or a blocking order~~ in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority;

Amendment 1413 #

Proposal for a regulation
Article 25 – paragraph 7 – point d

~~(d) verify the effectiveness of a detection order or a removal order issued upon the request of the requesting Coordinating Authority.~~deleted

Amendment 1414 #

Proposal for a regulation
Article 25 – paragraph 7 – point d

(d) verify the effectiveness of a ~~detection order or a~~ removal order issued upon the request of the requesting Coordinating Authority.

Amendment 1415 #

Proposal for a regulation
Article 25 – paragraph 7 – point d a (new)

(da) provide knowledge and expertise on appropriate prevention techniques tailored by age and gender against online solicitation of children and the dissemination of child sexual abuse material online.

Amendment 1416 #

Paul TANG, Alex AGIUS SALIBA, Marcos ROS SEMPERE

Proposal for a regulation
Article 25 – paragraph 8

8. The EU Centre shall provide such assistance free of charge and in accordance with its tasks and obligations under this Regulation ~~and insofar as its resources and priorities allow~~.

Amendment 1417 #

Proposal for a regulation
Article 25 – paragraph 8 a (new)

8a. The EU Centre shall support Member States in designing preventive and gender-sensitive measures, such as awareness-raising campaigns to combat child sexual abuse, guaranteeing comprehensive sexuality and relationships education in all schools, introducing digital skills, literacy and safety online programs in formal education, ensuring the full availability of specialized support services tailored by gender and age for child survivors of sexual abuse and children in vulnerable situations.

Amendment 1418 #

Proposal for a regulation
Article 25 – paragraph 9 a (new)

9a. In its contact with survivors or in any decision affecting survivors, the Coordinating Authority shall operate in an age-appropriate and gender-sensitive way that minimises risks to survivors, especially children, addresses harm of survivors and meets their needs. It shall operate in a victim and gender sensitive manner which prioritises recognising and listening to the survivor, avoids secondary victimisation and retraumatisation, and systematically focuses on their safety, rights, well-being, expressed needs and choices, and ensures they are treated in an empathetic, sensitive and non- judgmental way.

Amendment 1419 #

Proposal for a regulation
Article 25 – paragraph 9 a (new)

9a. In its engagement with victims and survivors or in any decision affecting victims and survivors, the Coordination Autority shall operate in a way that minimises risks to victims and survivors, especially children.

Amendment 1420 #

Proposal for a regulation
Article 25 a (new)

Article25a Cooperation with third parties Where necessary for the performance of its tasks under this Regulation, including the achievement of the objective of this regulation, and in order to promote the generation and sharing of knowledge in line with article 43 (6), the Coordinating Authority shall cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse, including civil society organisations and semi-public organisations and practitioners.

Amendment 1421 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 26 – paragraph 1

1. Member States shall ensure that the Coordinating Authorities that they designated perform their tasks under this Regulation in an objective, impartial, transparent and timely manner, while fully respecting ~~the~~all fundamental rights of all parties affected. They shall also ensure that their Coordinating Authorities perform their tasks with utmost respect and sensitivity towards victims and their representatives, with a focus on avoidance of re-victimization, the safety of the victim and their needs. Member States shall also ensure that their Coordinating Authorities have adequate technical, financial and human resources to carry out their tasks.

Amendment 1422 #

Proposal for a regulation
Article 26 – paragraph 2 – point c

(c) are free from any undue external influence, whether direct or indirect, it being understood that (a) the receipt of any type of financial aid by the Coordinating Authority and (b) the membership of the Coordinating Authority in a recognised international network shall not prejudice its independent character;

Amendment 1423 #

Proposal for a regulation
Article 26 – paragraph 2 – point c

Amendment 1424 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 26 – paragraph 2 – point e

~~(e) are not charged with tasks relating to the prevention or combating of child sexual abuse, other than their tasks under this Regulation.~~deleted

Amendment 1425 #

Proposal for a regulation
Article 26 – paragraph 2 – point e

(e) ~~are not charged with tasks relating to~~have demonstrated competence, skills and experience in the pare~~vention~~a orf combatting ofnline child sexual abuse~~, other than their tasks under this Regulation~~.

Amendment 1426 #

Proposal for a regulation
Article 26 – paragraph 4

4. The Coordinating Authorities shall ensure that relevant members of staff have the required qualifications, experience and technical skills to perform their duties. under this Regulation. They shall also ensure that members of staff coming into contact with victims are adequately and frequently trained in intersectional victim support.

Amendment 1427 #

Proposal for a regulation
Article 26 – paragraph 5

5. TWithout prejudice to national or Union legislation on whistleblower protection, the management and other staff of the Coordinating Authorities shall, in accordance with Union or national law, be subject to a duty of professional secrecy both during and after their term of office, with regard to any confidential information which has come to their knowledge in the course of the performance of their tasks. Member States shall ensure that the management and other staff are subject to rules guaranteeing that they can carry out their tasks in an objective, impartial and independent manner, in particular as regards their appointment, dismissal, remuneration and career prospects. Coordinating Authorities shall take into account the application of Directive 2021/93/EU on Pay Transparency.

Amendment 1428 #

Proposal for a regulation
Article 27 – paragraph 1 – introductory part

1. ~~Where needed for carrying out their tasks,~~ Coordinating Authorities shall have the following ~~powers of investigation,~~investigatory powers in respect of providers of relevant information society services under the jurisdiction of the Member State that designated them:

Amendment 1429 #

Proposal for a regulation
Article 27 – paragraph 1 – point a

Amendment 1430 #

Proposal for a regulation
Article 27 – paragraph 1 – point a

Amendment 1431 #

Proposal for a regulation
Article 27 – paragraph 1 – point b

Amendment 1432 #

Proposal for a regulation
Article 27 – paragraph 1 – point b

(b) the power to carry out, or to request an independent judicial authority in their Member State to order remote or on-site inspections of any premises that those providers or the other persons referred to in point (a) use for purposes related to their trade, business, craft or profession, or to request other public authorities to do so, in order to examine, seize, take or obtain copies of information relating to a suspected infringement of this Regulation in any form, irrespective of the storage medium;

Amendment 1433 #

Proposal for a regulation
Article 27 – paragraph 1 – point c

(c) the power to ask any member of staff or representative of those providers or the other persons referred to in point (a) to give explanations in respect of any information relating to a suspected infringement of this Regulation and to record the answers;deleted

Amendment 1434 #

Proposal for a regulation
Article 27 – paragraph 1 – point c

(c) in accordance with national legislation, the power to ask any member of staff or representative of those providers or the other persons referred to in point (a) to give explanations in respect of any information relating to a suspected infringement of this Regulation and to record the answers;

Amendment 1435 #

Proposal for a regulation
Article 27 – paragraph 1 – point d

(d) the power to request information, ~~including to assess whether the measures taken to execute a detection order, removal order or blocking order comply~~to assess compliance with the requirements of this Regulation.

Amendment 1436 #

Proposal for a regulation
Article 27 – paragraph 1 – point d

(d) the power to request information from the service provider, including to assess whether the measures taken to execute a ~~detection order, removal order or blocking~~removal order comply with the requirements of this Regulation.

Amendment 1437 #

Proposal for a regulation
Article 27 – paragraph 2

~~2. Member States may grant additional investigative powers to the Coordinating Authorities.~~deleted

Amendment 1438 #

Proposal for a regulation
Article 28 – paragraph 1 – introductory part

1. ~~Where needed for carrying out their tasks,~~ Coordinating Authorities shall have the following enforcement powers, in respect of providers of relevant information society services under the jurisdiction of the Member State that designated them:

Amendment 1439 #

Proposal for a regulation
Article 28 – paragraph 1 – point a

~~(a) the power to accept the commitments offered by those providers in relation to their compliance with this Regulation and to make those commitments binding;~~deleted

Amendment 1440 #

Proposal for a regulation
Article 28 – paragraph 1 – point b

(b) the power to order the cessation of infringements of this Regulation ~~and, where appropriate, to impose remedies proportionate to the infringement and necessary to bring the infringement effectively to an end~~;

Amendment 1441 #

Proposal for a regulation
Article 28 – paragraph 1 – point b

(b) the power to order specific measures to bring about the cessation of infringements of this Regulation and~~, where appropriate,~~ to impose remedies proportionate to the infringement and necessary to bring the infringement effectively to an end;

Amendment 1442 #

Proposal for a regulation
Article 28 – paragraph 1 – point c

(c) the power to impose fines, or request a judicial authority in their Member State to do so, in accordance with Article 35 for infringements of this Regulation~~, including non-compliance with any of the orders issued pursuant to Article 27 and to point (b) of this paragraph~~;

Amendment 1443 #

Proposal for a regulation
Article 28 – paragraph 1 – point c

(c) the power to impose fines~~, or request a judicial authority in their Member State to do so,~~ in accordance with Article 35 for infringements of this Regulation, including non-compliance with any of the orders issued pursuant to Article 27 and to point (b) of this paragraph;

Amendment 1444 #

Proposal for a regulation
Article 28 – paragraph 1 – point e

(e) the power to adopt appropriate, reasonable, and proportionate interim measures to ~~avoid the risk of~~prevent serious harm.

Amendment 1445 #

Proposal for a regulation
Article 28 – paragraph 2

~~2. Member States may grant additional enforcement powers to the Coordinating Authorities.~~deleted

Amendment 1446 #

Proposal for a regulation
Article 28 – paragraph 3

3. As regards paragraph 1, points (c) and (d), Coordinating Authorities shall have the enforcement powers set out in those points also in respect of the other persons referred to in Article 27, for failure to comply with any of the orders issued to them pursuant to that Article.deleted

Amendment 1447 #

Proposal for a regulation
Article 28 – paragraph 4

4. They shall only exercise those enforcement powers after having provided those other persons in good time with all relevant information relating to such orders, including the applicable time period, the fines or periodic payments that may be imposed for failure to comply and redress possibilities.deleted

Amendment 1448 #

Proposal for a regulation
Article 29

~~[...]~~deleted

Amendment 1449 #

Proposal for a regulation
Article 29 – paragraph 1 – introductory part

1. ~~Where needed for carrying out their tasks,~~ Coordinating Authorities shall have the additional enforcement powers referred to in paragraph 2 of this Article, in respect of providers of relevant information society services under the jurisdiction of the Member State that designated them, provided that:

Amendment 1450 #

Proposal for a regulation
Article 29 – paragraph 1 – point b

(b) the infringement persists; and

Amendment 1451 #

Proposal for a regulation
Article 29 – paragraph 2 – point a – point i

(i) adopt and submit an action plan setting out the necessary measures to terminate the infringement, subject to the approval of the Coordinating Authority;

Amendment 1452 #

Proposal for a regulation
Article 29 – paragraph 2 – point b – introductory part

Amendment 1453 #

Proposal for a regulation
Article 29 – paragraph 2 – point b – point ii

(ii) the infringement persists and causes serious harm that is greater than the likely harm to users relying on the service for legal purposes and;

Amendment 1454 #

Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 2

The temporary restriction shall apply for a period of four weeks, subject to the possibility for the competent judicial authority, ~~in its order, to allow the Coordinating Authority~~ to extend that period for further periods of the same lengths, subject to a maximum number of extensions set by that judicial authority.

Amendment 1455 #

Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 3 – point a

(a) the provider has failed to take ~~the~~ necessary and proportionate measures to terminate the infringement; and

Amendment 1456 #

Proposal for a regulation
Article 30 – paragraph 1

1. The measures taken by the Coordinating Authorities in the exercise of their investigatory and enforcement powers referred to in Articles 27~~, 28~~ and 298 shall be effective, dissuasive and proportionate, having regard, in particular, to the nature, gravity, recurrence and duration of the infringement of this Regulation or suspected infringement to which those measures relate, as well as the economic, technical and operational capacity of the provider of relevant information society services concerned, where applicable.

Amendment 1457 #

Proposal for a regulation
Article 30 – paragraph 2

2. Member States shall ensure that any exercise of the investigatory and enforcement powers referred to in Articles 27, 28 and 29 is subject to adequate safeguards laid down in the applicable national law to respect the fundamental rights of all parties affected. In particular, those measures shall ~~only~~be targetd and precise, be taken in accordance with the right to respect for private life and the rights of defence, including the rights to be heard and of access to the file, and subject to the right to an effective judicial remedy of all parties affected.

Amendment 1458 #

Proposal for a regulation
Article 30 – paragraph 2

2. Member States shall ensure that any exercise of the investigatory and enforcement powers referred to in Articles 27~~, 28~~ and 298 is subject to adequate safeguards laid down in the applicable national law to respect the fundamental rights of all parties affected. In particular, those measures shall only be taken in accordance with the right to respect for private life and the rights of defence, including the rights to be heard and of access to the file, and subject to the right to an effective judicial remedy of all parties affected.

Amendment 1459 #

Proposal for a regulation
Article 31 – paragraph 1

Coordinating Authorities shall have the power to carry out searches on publicly accessible material on hosting services to detect the dissemination of known ~~or new~~ child sexual abuse material, using the indicators contained in the databases referred to in Article 44(1), points (a) and (b), where necessary to verify whether the providers of hosting services under the jurisdiction of the Member State that designated the Coordinating Authorities comply with their obligations under this Regulation.

Amendment 1460 #

Proposal for a regulation
Article 31 – paragraph 1

Coordinating Authorities shall have the power to carry out searches on publicly accessible material on hosting services to detect the dissemination of known ~~or new~~ child sexual abuse material, ~~using the indicators contained in the databases referred to in Article 44(1), points (a) and (b),~~ where necessary to verify whether the providers of hosting services under the jurisdiction of the Member State that designated the Coordinating Authorities comply with their obligations under this Regulation.

Amendment 1461 #

Proposal for a regulation
Article 32

Amendment 1462 #

Proposal for a regulation
Article 32 – paragraph 1

Coordinating Authorities shall have the power to notify providers of hosting services under the jurisdiction of the Member State that designated them ~~of the presence on their service~~in accordance with Article 33 of the presence on their service and any other hosting service provider of one or more specific items of known child sexual abuse material and to request them to remove ~~or disable access~~ to that item or those items, for the providers’ voluntary consideration.

Amendment 1463 #

Proposal for a regulation
Article 33 – paragraph 2 – subparagraph 2

Where a provider which does not have its main establishment in the Union failed to appoint a legal representative in accordance with Article 24, all Member States shall have jurisdiction. Where a Member State decides to exercise jurisdiction under this subparagraph, it shall inform all other Member States and ensure that the principle of ne bis in idem is respected.

Amendment 1464 #

Proposal for a regulation
Article 34 – paragraph 1

1. Users and any body, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf shall have the right to lodge a complaint alleging an infringement of this Regulation affecting them against providers of relevant information society services with the Coordinating Authority designated by the Member State where the user resides or is established.

Amendment 1465 #

Proposal for a regulation
Article 34 – paragraph 1

1. Users shall have the right to lodge a complaint alleging an infringement of this Regulation affecting them against providers of relevant information society services with the Coordinating Authority designated by the Member State ~~where the user resides or is established~~of choice.

Amendment 1466 #

Proposal for a regulation
Article 34 – paragraph 1 a (new)

1a. During these proceedings, both parties shall have the right to be heard and receive appropriate information about the status of the complaint, in accordance with national law

Amendment 1467 #

Proposal for a regulation
Article 34 – paragraph 1 b (new)

1b. The Coordinating authority shall offer easy to use mechanisms to anonymously submit information about infringements of this Regulation.

Amendment 1468 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 34 – paragraph 2

2. Coordinating Authorities shall provide ~~child-friendly~~age-appropriate and accessible mechanisms to submit a complaint under this Article and adopt a ~~child~~n age-appropriate and gender-sensitive approach when handling complaints ~~submitted by children,~~ taking due account of the ~~child'~~person’s age, maturity, views, needs and concerns. The processing of complaints shall take into account due diligence and shall provide necessary information to the complainant.

Amendment 1469 #

Proposal for a regulation
Article 34 – paragraph 3 a (new)

3a. Users shall have the possibility to lodge a complaint alleging an infringement of this Regulation against providers of information society services with recognised non-governmental organisations specialised in combatting online child sexual abuse material, including the hotlines.

Amendment 1470 #

Proposal for a regulation
Article 34 a (new)

Article34a Representative actions The following is added to Annex I of Directive (EU) 2020/1828 on Representative actions for the protection of the collective interests of consumers: “Regulation xxxx/xxxx of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse”

Amendment 1471 #

Proposal for a regulation
Article 34 a (new)

Article34a Reporting of breaches and protection of reporting persons Directive (EU) 2019/1937 of the European Parliament and of the Council shall apply to the reporting of breaches of this Regulation and the protection of persons reporting such breaches.

Amendment 1472 #

Proposal for a regulation
Article 35 – paragraph 2

Amendment 1473 #

Proposal for a regulation
Article 35 – paragraph 3

3. Penalties for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information or to submit to an on-site inspection shall not exceed 13% of the annual income or global turnover of the preceding business year of the provider ~~or the other person referred to in Article 27~~.

Amendment 1474 #

Proposal for a regulation
Article 35 – paragraph 3

3. Penalties for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information or to submit to an on-site inspection shall not exceed 1% of the annual ~~income or global~~worldwide turnover of the preceding business year of the provider or the other person referred to in Article 27.

Amendment 1475 #

Proposal for a regulation
Article 35 – paragraph 4

4. Member States shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily global turnover of the provider ~~or the other person referred to in Article 27~~ in the preceding financial year per day, calculated from the date specified in the decision concerned.

Amendment 1476 #

Proposal for a regulation
Article 35 – paragraph 4

Amendment 1477 #

Proposal for a regulation
Article 35 – paragraph 4 a (new)

4a. Member States shall ensure that penalties imposed for the infringement of this Regulation do not encourage the over reporting or the removal of material which does not constitute child sexual abuse material.

Amendment 1478 #

Proposal for a regulation
Article 35 – paragraph 4 a (new)

Amendment 1479 #

Proposal for a regulation
Article 35 a (new)

Article35a Compensation Users and any body, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf shall have the right to seek, in accordance with Union and national law, compensation from providers of relevant information society services, for any damage or loss suffered due to an infringement by those providers of their obligations under this Regulation.

Amendment 1480 #

Proposal for a regulation
Article 35 a (new)

Amendment 1481 #

Proposal for a regulation
Article 36 – title

Identification and submission of ~~online~~ child sexual abuse material

Amendment 1482 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point a

(a) anonymised specific items of material ~~and transcripts of conversations that Coordinating Authorities or that the competent judicial authorities or other independent administrative~~that the competent judicial authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material ~~or the solicitation of children~~, as applicable, for the EU Centre to generate indicators in accordance with Article 44(3);

Amendment 1483 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point a

(a) specific items of material ~~and transcripts of conversations~~ that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material ~~or the solicitation of children~~, as applicable, for the EU Centre ~~to generate indicators in accordance with Article 44(3);~~

Amendment 1484 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point a

(a) specific items of material ~~and transcripts of conversations~~ that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material ~~or the solicitation of children~~, as applicable, for the EU Centre to generate indicators in accordance with Article 44(3);

Amendment 1485 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point b

(b) exact uniform resource locators indicating specific items of material that Coordinating Authorities or that competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, hosted by providers of hosting services not offering services in the Union, that cannot be removed due to those providers’ refusal to remove or disable access thereto and to the lack of cooperation by the competent authorities of the third country having jurisdiction, for the EU Centre to compile the list of uniform resource locators in accordance with Article 44(3).deleted

Amendment 1486 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point b

(b) ~~exact uniform resource locators indicating~~ specific items of material that Coordinating Authorities or that the competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, hosted by providers of hosting services not offering services in the Union, that cannot be removed due to those providers’ refusal to remove or disable access thereto and to the lack of cooperation by the competent authorities of the third country having jurisdiction, for the EU Centre to compile the list of uniform resource locators in accordance with Article 44(3).as applicable, for the EU Centre

Amendment 1487 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 – point b

(b) exact uniform resource locators indicating specific items of material that Coordinating Authorities or that competent judicial authorities or other independent administrative authorities of a Member State have identified, after a diligent assessment, as constituting child sexual abuse material, hosted by providers of hosting services not offering services in the Union, that cannot be removed due to those providers’ refusal to remove ~~or disable access thereto~~it and to the lack of cooperation by the competent authorities of the third country having jurisdiction, for the EU Centre to compile the list of uniform resource locators in accordance with Article 44(3).

Amendment 1488 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 2

Member States shall take the necessary measures to ensure that the Coordinating Authorities that they designated receive, without undue delay, ~~the~~encrypted copies of material identified as child sexual abuse material~~, the transcripts of conversations identified as the solicitation of children, and the uniform resource locators,~~ identified by a competent judicial authority or other ~~independent administrative authority~~ than the Coordinating Authority, for submission to the EU Centre in accordance with the first subparagraph.

Amendment 1489 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 2

Member States shall take the necessary measures to ensure that the Coordinating Authorities that they designated receive, without undue delay, the material identified as child sexual abuse material, ~~the transcripts of conversations identified as the solicitation of children, and the uniform resource locators,~~ identified by a competent judicial authority or other independent administrative authority than the Coordinating Authority, for submission to the EU Centre in accordance with the first subparagraph.

Amendment 1490 #

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 2

Member States shall take the necessary measures to ensure that the Coordinating Authorities that they designated receive, without undue delay, the material identified as child sexual abuse material, ~~the transcripts of conversations identified as the solicitation of children,~~ and the uniform resource locators, identified by a competent judicial authority or other independent administrative authority than the Coordinating Authority, for submission to the EU Centre in accordance with the first subparagraph.

Amendment 1491 #

Proposal for a regulation
Article 36 – paragraph 2

2. Upon the request of the EU Centre where necessary to ensure that the data contained in the databases referred to in Article 44(1) are complete, accurate and up-to-date, Coordinating Authorities shall verify or provide clarifications or additional information as to whether the conditions of paragraph 1, points (a) and (b) have been and, where relevant, continue to be met, in respect of a given submission to the EU Centre in accordance with that paragraph.deleted

Amendment 1492 #

Proposal for a regulation
Article 36 – paragraph 3

3. Member States shall ensure that, where their law enforcement authorities receive a report ~~of the dissemination of new child sexual abuse material or of the solicitation of children forwarded to them~~ by the EU Centre in accordance with Article 48(3), a diligent assessment is conducted in accordance with paragraph 1 and, if the material ~~or conversation~~ is identified as constituting child sexual abuse material ~~or as the solicitation of children~~, the Coordinating Authority submits the material to the EU Centre, in accordance with that paragraph, within one ~~month~~week from the date of reception of the report ~~or, where the assessment is particularly complex, two months from that date~~.

Amendment 1493 #

Proposal for a regulation
Article 36 – paragraph 3

3. Member States shall ensure that, where their law enforcement authorities receive a report of the dissemination of new child sexual abuse material ~~or of the solicitation of children forwarded~~ to them by the EU Centre in accordance with Article 48(3), a diligent assessment is conducted in accordance with paragraph 1 and, if the material ~~or conversation~~ is identified as constituting child sexual abuse material ~~or as the solicitation of children,~~ the Coordinating Authority submits the material to the EU Centre, in accordance with that paragraph, within one month from the date of reception of the report or, where the assessment is particularly complex, two months from that date.

Amendment 1494 #

Proposal for a regulation
Article 36 – paragraph 4

4. They shall also ensure that, where the diligent assessment indicates that the material does not constitute child sexual abuse material ~~or the solicitation of children~~, the Coordinating Authority is informed of that outcome and subsequently informs the EU Centre thereof, within ~~the time periods specified in the first subparagraph~~one week from the date of the reception of such assessment. Member States shall establish effective procedures that such material, including any associated data, which does not constitute child sexual abuse material is deleted from the records and databases at the Coordinating Authority and the Member States law enforcement authorities within one week after having received the notice about it.

Amendment 1495 #

Proposal for a regulation
Article 36 – paragraph 4

Amendment 1496 #

Proposal for a regulation
Article 36 – paragraph 4

Amendment 1497 #

Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2

Where the Commission has reasons to suspect that a provider of relevant information society services infringed this Regulation in a manner involving at least three Member States, it may recommend that the Coordinating Authority of establishment assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.deleted

Amendment 1498 #

Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2

Where ~~the Commission has reason~~, in the reasoned opinion of the Commission, there are grounds to suspect that a provider of relevant information society services infringed this Regulation in a manner ~~involv~~causing harm ing at least three Member States, it may recommend that the Coordinating Authority of establishment assess the matter ~~and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation~~.

Amendment 1499 #

Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2 a (new)

No action shall be taken without a decision from a court of law in the Member State where the provider of the relevant information is located;

Amendment 1500 #

Proposal for a regulation
Article 37 – paragraph 2 – introductory part

2. The request ~~or recommendation~~ referred to in paragraph 1 shall at least indicate:

Amendment 1501 #

Proposal for a regulation
Article 37 – paragraph 2 – point b

(b) a description of the relevant facts, the provisions of this Regulation concerned and the reasons why the Coordinating Authority that sent the request~~, or the Commission suspects, that the provider infringed this Regulation~~;

Amendment 1502 #

Proposal for a regulation
Article 37 – paragraph 2 – point c

(c) any other information that the Coordinating Authority that sent the request~~, or the Commission, considers relevant, including, where appropriate, information gathered on its own initiative and suggestions for specific investigatory or enforcement measures to be taken.~~ considers relevant;

Amendment 1503 #

Proposal for a regulation
Article 37 – paragraph 2 – point c

Amendment 1504 #

Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 1

The Coordinating Authority of establishment shall assess the suspected infringement, taking into utmost account the request ~~or recommendation~~ referred to in paragraph 1.

Amendment 1505 #

Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 1

The Coordinating Authority of establishment shall assess the suspected infringement, taking into utmost account the request ~~or recommendation~~ referred to in paragraph 1.

Amendment 1506 #

Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 2

Where it considers that it has insufficient information to asses the suspected infringement or to act upon the request ~~or recommendation~~ and has reasons to consider that the Coordinating Authority that sent the request~~, or the Commission,~~ could provide additional information, it may request such information. The time period laid down in paragraph 4 shall be suspended until that additional information is provided.

Amendment 1507 #

Where it considers that it has insufficient information to assess the suspected infringement or to act upon the request ~~or recommendation~~ and has reasons to consider that the Coordinating Authority that sent the request, or the Commission, could provide additional information, it may request such information. The time period laid down in paragraph 4 shall be suspended until that additional information is provided.

Amendment 1508 #

Proposal for a regulation
Article 37 – paragraph 4

4. The Coordinating Authority of establishment shall, without undue delay and in any event not later than two months following receipt of the request ~~or recommendation~~ referred to in paragraph 1, communicate to the Coordinating Authority that sent the request, ~~or the Commission,~~ the outcome of its assessment of the suspected infringement, or that of any other competent authority pursuant to national law where relevant, and, where applicable, an explanation of the investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation.

Amendment 1509 #

Proposal for a regulation
Article 37 – paragraph 4

Amendment 1510 #

Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1

Coordinating Authorities shall share best practice standards and guidance on the detection and removal of child sexual abuse material and may participate in joint investigations, which may be coordinated with the support of the EU Centre, of matters covered by this Regulation, concerning providers of relevant information society services that offer their services in several Member States. Those joint investigations shall also take place on the darkweb.

Amendment 1511 #

Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1

Amendment 1512 #

Proposal for a regulation
Article 38 – paragraph 1 a (new)

1a. Coordinating Authorities shall increase public awareness regarding the nature of the problem of child sexual abuse material, how to seek assistance, and how to work with providers of relevant information society services to remove content and coordinate victim identification efforts undertaken in collaboration with existing victim identification programmes.

Amendment 1513 #

Proposal for a regulation
Article 38 – paragraph 2

2. The participating Coordinating Authorities shall make the results of the joint investigations available to other Coordinating Authorities~~, the Commission~~ and the EU Centre, through the system established in accordance with Article 39(2), for the fulfilment of their respective tasks under this Regulation.

Amendment 1514 #

Proposal for a regulation
Article 38 – paragraph 2 a (new)

2a. Coordinating Authorities shall increase public awareness regarding the nature of the problem of online child sexual abuse material, how to seek assistance, and how to work with providers of relevant information society services to remove content and coordinate victim identification efforts undertaken in collaboration with existing victim identification programmes.

Amendment 1515 #

Proposal for a regulation
Article 39 – paragraph 1

1. Coordinating Authorities shall cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and other relevant Union agencies, including Europol, the European Union Agency for Cybersecurity (ENISA), and other organisations such as NCMEC to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement.

Amendment 1516 #

Proposal for a regulation
Article 39 – paragraph 1

1. Coordinating Authorities shall cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority~~, the Commission,~~ the EU Centre and other relevant Union agencies, ~~including Europol,~~ to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement.

Amendment 1517 #

Proposal for a regulation
Article 39 – paragraph 1

Amendment 1518 #

Proposal for a regulation
Article 39 – paragraph 2

2. The EU Centre shall ~~establish and maintain one or more~~use the software provided by eu-LISA pursuant to Regulation (EU) [Joint Investigation Teams online collaboration platform] to establish and maintain a reliable and secure information sharing systems supporting communications between Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services. In accordance with Article 88 of Regulation (EU) 2018/1725, the EU Centre shall keep logs of its processing operations. It shall not be possible to modify the logs.

Amendment 1519 #

Proposal for a regulation
Article 39 – paragraph 2

2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems with highest cybersecurity standards supporting communications between Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services.

Amendment 1520 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 39 – paragraph 2

2. The EU Centre shall establish and maintain one ~~or more~~ reliable and secure information sharing systems supporting communications between Coordinating Authorities, ~~the Commission,~~ the EU Centre, other relevant Union agencies and providers of relevant information society services.

Amendment 1521 #

Proposal for a regulation
Article 39 – paragraph 2

2. The EU Centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between Coordinating Authorities, the Commission, the EU Centre, hotlines, other relevant Union agencies and providers of relevant information society services.

Amendment 1522 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 39 – paragraph 3

3. The Coordinating Authorities, the Commission, the EU Centre, other relevant Union agencies and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation. Regulation (EU) [Joint Investigation Teams online collaboration platform] shall apply mutatis mutandis.

Amendment 1523 #

Proposal for a regulation
Article 39 – paragraph 3

3. The Coordinating Authorities, the Commission, the EU Centre, hotlines, other relevant Union agencies and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation.

Amendment 1524 #

Proposal for a regulation
Article 39 – paragraph 3

3. The Coordinating Authorities, ~~the Commission,~~ the EU Centre, other relevant Union agencies and providers of relevant information society services shall use the information- sharing systems referred to in paragraph 2 for all relevant communications pursuant to this Regulation.

Amendment 1525 #

Proposal for a regulation
Article 39 – paragraph 3 a (new)

3a. Where the EU Centre receives a report from a hotline, or where a provider that submitted the report to the EU Centre has indicated that the report is based on the information received from a hotline, the EU Centre shall coordinate with the relevant Coordinating Authorities in order to avoid duplicated reporting on the same material that has already been reported to the national law enforcement authorities by the hotlines, and monitor the removal of the child sexual abuse material or cooperate with the relevant hotline to track the status.

Amendment 1526 #

Proposal for a regulation
Article 39 a (new)

Article39a Independence The Commission shall ensure in the draft general budget of the Union that the European Data Protection Board and European Data Protection Supervisor are provided with sufficient human, technical and financial resources, premises and infrastructure necessary for the effective performance of its tasks and exercise of its powers pursuant to this Regulation.

Amendment 1527 #

Proposal for a regulation
Chapter IV – title

IV EUJOINT CENTRE TO PREVENT AND COMBAT CHILD SEXUAL ABUSE

Amendment 1528 #

Proposal for a regulation
Chapter IV – title

IV EU CENTRE TO PR~~EVENT AND COMBAT CHILD SEXUAL ABUSE~~OTECT CHILDREN

Amendment 1529 #

Proposal for a regulation
Article 40 – title

Establishment and scope of action of the EUJoint Centre

Amendment 1530 #

1. A ~~European Union~~n intergovernmental Agency to prevent and combat child sexual abuse, the EUJoint Centre on Child Sexual Abuse, is established.

Amendment 1531 #

Proposal for a regulation
Article 40 – paragraph 1

1. A European Union Agency to pr~~event and combat child sexual abuse~~otect children, the EU Centre on Child ~~Sexual Abuse~~Protection, is established.

Amendment 1532 #

Proposal for a regulation
Article 40 – paragraph 1 a (new)

1a. The EU Center must be completely independent from Europol.

Amendment 1533 #

Proposal for a regulation
Article 40 – paragraph 2

2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online. Its remit and powers shall not be expanded without prior evaluation and unanimous decision by Member States.

Amendment 1534 #

Proposal for a regulation
Article 40 – paragraph 2

2. The EUJoint Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.

Amendment 1535 #

Proposal for a regulation
Article 40 – paragraph 2

2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, and removal ~~or disabling of access to, and blocking of online~~, of child sexual abuse material and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.

Amendment 1536 #

Proposal for a regulation
Article 40 – paragraph 2

2. The EU Centre shall contribute to the achievement of the objectives of this Regulation by supporting and facilitating the implementation of its provisions concerning the ~~detection,~~ reporting, and removal ~~or disabling of access to, and blocking~~ of online child sexual abuse and gather and share information, educational materials, good practices and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.

Amendment 1537 #

Proposal for a regulation
Article 41 – paragraph 1

1. The EUJoint Centre shall be a ~~body of the Union~~n intergovernmental body with legal personality in a Member State.

Amendment 1538 #

Proposal for a regulation
Article 41 – paragraph 2

2. In each of the Member States the EU Centre shall ~~enjoy the most extensive legal capac~~fully comply wityh a~~ccorded to legal persons under their laws. It may, in particular~~nd respect their laws. It may, with the consent of the Member State concerned, acquire and dispose of movable and immovable property and be party to legal proceedings.

Amendment 1539 #

Proposal for a regulation
Article 42 – paragraph 1

The ~~seat of the EU Centre shall be The Hague, The Netherland~~choice of the location of the seat of the Centre shall be made in accordance with the ordinary legislative procedure, based on the following criteria: (a) it shall not affect the Centre’s execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; (b) it shall ensure that the Centre is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; (da) it shall ensure a balanced geographical distribution of EU institutions, bodies and agencies across the Union; (db) it shall ensure its national Child Sexual Abuse framework is of a proven quality and repute, and shall benefit from the experience of national authorities; (dc) it shall enable adequate training opportunities for combating child sexual abuse activities; (dd) it shall enable close cooperation with EU institutions, bodies and agencies but it shall be independent of any of the aforementioned; (de) it shall ensure sustainability and digital security and connectivity with regards to physical and IT infrastructure and working conditions.

Amendment 1540 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Nathalie LOISEAU

Proposal for a regulation
Article 42 – paragraph 1

The seat of the EU Centre shall be ~~The Hague, The Netherlands.~~ […] The choice of the location of the seat of the EU centre will be made in accordance with the ordinary legislative procedure, based on the following criteria: (a) it shall not affect the EU center's execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; (b) it shall ensure that the EU center is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; da) it shall ensure a balanced geographical distribution of EU institutions, bodies and agencies across the Union; (db) it shall ensure its national child protection framework is of a proven quality and repute, and shall benefit from the experience of national authorities; (dd) it shall enable close cooperation with EU institutions, bodies and agencies; (de) it shall ensure digital security and connectivity with regards to physical and IT infrastructure and working conditions.

Amendment 1541 #

Proposal for a regulation
Article 42 – paragraph 1

The choice of the location of the seat of the EU Centre shall be ~~The Hague, The Netherland~~made in accordance with the ordinary legislative procedure, based on the following criteria: (a) it shall not affect the EU Centre’s execution of its tasks or the organisation of its governance structure; (b) it shall ensure that the EU Centre is able to recruit the high-qualified and specialised staff it requires to perform the tasks provided by this Regulation; (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; (e) it shall enable close cooperation with EU institutions, bodies and agencies; (f) it shall ensure sustainability and digital security and connectivity with regards to physical and IT infrastructure and working conditions.

Amendment 1542 #

Proposal for a regulation
Article 42 – paragraph 1

. The choice of the location of the seat of the EU Centre shall be ~~The Hague, The Netherlands.~~made in accordance with the ordinary legislative procedure. The following criteria shall in particular be respected when assessing the possible choices of location for the EU Center: (a) it shall not affect the EU Centre’s execution of its tasks or the organisation of its governance structure; (b) it shall not comprise its independence vis-à-vis EU Member States or EU institutions, bodies and agencies, in particular Europol; (e) it shall ensure a balanced geographical distribution of EU institutions, bodies and agencies across the Union;

Amendment 1543 #

Proposal for a regulation
Article 42 – paragraph 1

The seat of the EU Centre shall be ~~The Hague, The Netherlands~~in Bratislava, Slovakia.

Amendment 1544 #

Proposal for a regulation
Article 42 – paragraph 1

The ~~seat of the~~ EU Centre shall ~~be The Hague, The Netherlands.~~have its seat in […]

Amendment 1545 #

Proposal for a regulation
Article 43 – title

43 Tasks of the EU Centre on Child Protection

Amendment 1546 #

Proposal for a regulation
Article 43 – paragraph -1 (new)

Amendment 1547 #

Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point a

(a) supporting the Commission in the preparation of the guidelines referred to in Article 3(86), Article 4(5)~~, Article 6(4)~~ and Article 11, including by collecting and providing relevant information, expertise and best practices, taking into account advice from the Technology Committee and the Survivor’s Advisory Board referred to in Article 66 and 66a (new);

Amendment 1548 #

Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point a

(a) supporting the Commission and European Data Protection Board in the preparation of the guidelines referred to in Article 3(8), Article 4(5), ~~Article 6(4)~~ and Article 11, including by collecting and providing relevant information, expertise and best practices, taking into account advice from the Technology Committee referred to in Article 66;

Amendment 1549 #

Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point a

(a) ~~supporting the Commission in the preparation of~~preparing the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) ~~and Article 11~~, including by collecting and providing relevant information, expertise and best practices, taking into account advice from the Technology Committee referred to in Article 66;

Amendment 1550 #

Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point b

~~(b) upon request from a provider of relevant information services, providing an analysis of anonymised data samples for the purpose referred to in Article 3(3);~~deleted

Amendment 1551 #

Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point b

~~(b) upon request from a provider of relevant information services, providing an analysis of anonymised data samples for the purpose referred to in Article 3(3);~~deleted

Amendment 1552 #

Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point b a (new)

(ba) operating accounts, including child accounts, on publicly available number-independent interpersonal communications services and reporting relevant findings concerning the risk of solicitation of children to the Coordinating Authority of establishment; where the Centre becomes aware of potential online child sexual abuse, Article 48(3) of this Regulation shall apply mutatis mutandis;

Amendment 1553 #

Proposal for a regulation
Article 43 – paragraph 1 – point 2

(2) facilitate the detection process referred to in Section 2 of Chapter II, by: (a) providing the opinions on intended detection orders referred to in Article 7(3), first subparagraph, point (d); (b) maintaining and operating the databases of indicators referred to in Article 44; (c) giving providers of hosting services and providers of interpersonal communications services that received a detection order access to the relevant databases of indicators in accordance with Article 46; (d) making technologies available to providers for the execution of detection orders issued to them, in accordance with Article 50(1);deleted

Amendment 1554 #

Proposal for a regulation
Article 43 – paragraph 1 – point 2

Amendment 1555 #

Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point b

(b) maintaining and operating the databases of indicators ~~referred to in Article 44~~of known child sexual abuse material;

Amendment 1556 #

Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point c

(c) giving providers of hosting services and providers of number-independent interpersonal communications services that received a detection order access to the relevant databases of indicators in accordance with Article 46;

Amendment 1557 #

Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point c

(c) giving providers of hosting services and providers of number independent interpersonal communications services that received a detection order access to the relevant databases of indicators in accordance with Article 46;

Amendment 1558 #

Proposal for a regulation
Article 43 – paragraph 1 – point 4 – introductory part

(4) facilitate the removal process referred to in Section 4 of Chapter II ~~and the other processes referred to in Section 5 and 6 of that Chapter,~~ by:

Amendment 1559 #

Proposal for a regulation
Article 43 – paragraph 1 – point 4 – introductory part

(4) facilitate the removal process referred to in Section 4 of Chapter II and the other processes referred to in Section ~~5 and~~ 6 of that Chapter, by:

Amendment 1560 #

Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point b

~~(b) cooperating with and responding to requests of Coordinating Authorities in connection to intended blocking orders as referred to in Article 16(2);~~deleted

Amendment 1561 #

Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point b

~~(b) cooperating with and responding to requests of Coordinating Authorities in connection to intended blocking orders as referred to in Article 16(2);~~deleted

Amendment 1562 #

Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point b

~~(b) cooperating with and responding to requests of Coordinating Authorities in connection to intended blocking orders as referred to in Article 16(2);~~deleted

Amendment 1563 #

Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point c

~~(c) receiving and processing the blocking orders transmitted to it pursuant to Article 17(3);~~deleted

Amendment 1564 #

~~(c) receiving and processing the blocking orders transmitted to it pursuant to Article 17(3);~~deleted

Amendment 1565 #

Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point c

~~(c) receiving and processing the blocking orders transmitted to it pursuant to Article 17(3);~~deleted

Amendment 1566 #

Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point d

(d) providing information and support to ~~victim~~survivors in accordance with Articles 20 and 21;

Amendment 1567 #

Proposal for a regulation
Article 43 – paragraph 1 – point 4 a (new)

(4a) conduct proactive searches of publicly accessible content on hosting services for known child sexual abuse material in accordance with Article 49;

Amendment 1568 #

Proposal for a regulation
Article 43 – paragraph 1 – point 5 – introductory part

(5) support the Coordinating Authorities ~~and the Commission~~ in the performance of their tasks under this Regulation and facilitate cooperation, coordination and communication in connection to matters covered by this Regulation, by:

Amendment 1569 #

Proposal for a regulation
Article 43 – paragraph 1 – point 5 – point c

~~(c) assisting the Commission, upon its request, in connection to its tasks under the cooperation mechanism referred to in Article 37;~~deleted

Amendment 1570 #

Proposal for a regulation
Article 43 – paragraph 1 – point 5 – point e

(e) assisting the Commission in the preparation of the delegated and implementing acts ~~and the guidelines~~ that the Commission adopts under this Regulation;

Amendment 1571 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a

(a) collecting, recording, analysing and providing information, providing analysis based on anonymised and non-personal data gathering, and providing expertise on matters regarding the prevention and combating of online child sexual abuse, in accordance with Article 51, including education, awareness raising and intervention programmes, and facilitating the drafting of recommendations and guidelines on prevention and mitigation of child sexual abuse, in particular in the digital space and taking into account technological developments;

Amendment 1572 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a

(a) collecting, recording, analysing and providing gender and age specific information, providing analysis based on anonymised and non-personal data gathering, including gender and age disaggregated data, and providing expertise on matters regarding the prevention and combating of online child sexual abuse, in accordance with Article 51;

Amendment 1573 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a a (new)

(aa) supporting awareness-raising and prevention campaigns in the Union carried out by public and private bodies, stakeholders and education institutions, and elaborating best practices in this regard;

Amendment 1574 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b

Amendment 1575 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b

(b) supporting the development and dissemination of research and expertise on those matters and on assistance to ~~victims~~survivors, taking into account the gender dimension, including by serving as a hub of expertise to support evidence-based policy;

Amendment 1576 #

Paul TANG, Alex AGIUS SALIBA, Marcos ROS SEMPERE, Birgit SIPPEL, Theresa BIELOWSKI

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b

(b) supporting the development and dissemination of research and expertise on those matters and on assistance to ~~victim~~survivors, including by serving as a hub of expertise to support evidence-based policy;

Amendment 1577 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)

(ba) providing technical expertise and promoting the exchange of best practices among Member States on raising awareness for the prevention of child sexual abuse online in formal and non- formal education. Such efforts shall be age-appropriate and gender-sensitive;

Amendment 1578 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)

(ba) contribute to the implementation of awareness campaigns as per the potential risks posed by the online environment to children, in order to equip them with adequate skills for detecting potential grooming and deceit, to ensure safe use of the internet by children;

Amendment 1579 #

Hilde VAUTMANS, Abir AL-SAHLANI, Maite PAGAZAURTUNDÚA, Olivier CHASTEL, Fabienne KELLER, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)

(ba) Supporting national authorities to develop age-appropriate awareness material for minors, including specific campaigns on how to avoid risks while navigating the internet.

Amendment 1580 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)

(ba) Referring victims to the appropriate national child protection services;

Amendment 1581 #

Paul TANG, Alex AGIUS SALIBA, Birgit SIPPEL, Theresa BIELOWSKI

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b b (new)

(bb) assisting with expertise and knowledge in the development and implementation of teacher training across the Union, in order to vest teachers with the necessary skills for guiding children on safely using information society services and detecting potentially malicious behaviour online;

Amendment 1582 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b b (new)

(bb) exchanging best practices among Coordinating Authorities regarding the available tools to reduce the risk of children becoming victims of sexual abuse and to provide specialized assistance to survivors, in an age-appropriate and gender-sensitive way.

Amendment 1583 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b b (new)

(bb) Support national authorities to develop awareness raising material targeted to adults, including parents and educators.

Amendment 1584 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b c (new)

(bc) supporting the collaboration of victim support services and elaborating best practices;

Amendment 1585 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b c (new)

(bc) referring survivors to appropriate child protection services;

Amendment 1586 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b d (new)

(bd) supporting the exchange of law enforcement agencies and providers and elaborating best practices;

Amendment 1587 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c a (new)

(ca) in its engagement with survivors or in any decision affecting survivors, the EU Centre shall operate in a way that minimises risks to survivors, especially children, addresses harm of survivors and meets their needs in an age-appropriate, and gender- and victim-sensitive manner.

Amendment 1588 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c b (new)

(cb) create and oversee an "EU hashing list of known child sexual abuse material" and modify the content of that list, independently and autonomously and free of political, government or industry influence or interference;

Amendment 1589 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c c (new)

(cc) develop, in accordance with the implementing act as referred to in Article 43a, the European Centralised Helpline for Abuse of Teenagers (eCHAT), interconnecting via effective interoperability the national hotline's helplines, allowing children to reach out 24/7 via a recognisable central helpline in an anonymous way in their own language and free of charge;

Amendment 1590 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c d (new)

(cd) dispose over the resources needed to develop, where possible, open source, hashing technology tools for small and medium sized relevant information society services to prevent the dissemination of known child sexual abuse material in publicly accessible content.

Amendment 1591 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c e (new)

(ce) coordinate sharing and filter of Suspicious Activity Reports on alleged "known child sexual abuse material", operating independently, autonomously, free of political, government or industry influence or interference and in full respect of fundamental rights, including privacy and data protection. [By 1 year after entry into force] the Commission shall adopt a delegated act laying down requirements for a Suspicious Activy Reports format, as referred to in this paragraph, and the differentiation between actionable and non-actionable Suspicious Activity Reports. This delegated act shall not prohibit, weaken or undermine end-to-end encryption, prohibit providers of information society services from providing their services applying end-to- end encryption or be interpreted in that way.

Amendment 1592 #

Hilde VAUTMANS, Abir AL-SAHLANI, Maite PAGAZAURTUNDÚA, Olivier CHASTEL, Fabienne KELLER, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point c f (new)

(cf) scan public servers and public communications channels for known child sexual abuse material, with proven technology, solely for the purposes of amending the EU Hashing List and flagging the content for removal to the service provider of the specific public server or public communications channel, without prejudice to Art. -3. The European Data Protection Board shall issue guidelines regarding the compliance with Regulation (EU) 2016/679 of existing and future technologies that are used for the purpose of scanning.

Amendment 1593 #

(6a) support Member States in designing preventive measures, such as awareness-raising campaigns to combat child sexual abuse, with a specific focus on girls and other prevalent demographics, including by: (a) Acting on behalf of victims in liaising with other relevant authorities of the Member States for reparations and all other victim support programmes; (b) Referring victims to the appropriate child protection services, and to pro bono legal support services; (c) Facilitating access to care qualified health support services, including mental health and psychological support;

Amendment 1594 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 a (new)

(6a) support Member States in designing preventive measures, such as awarness-raising campaigns to combat child sexual abuse, with a specific focus on girls and other prevalent demographics, including by: a) acting on behalf of victims in liaising with other relevant authorities of the Member States for reparations and all other victim support programmes; b) referring victims to the appropriate child protection services, and to pro bono legal support services.

Amendment 1595 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 a (new)

(6a) Establish mechanisms to listen to and incorporate the views of children in its work, in accordance with the Directive 2012/29/EU and the Charter of Fundamental Rights of the European Union.

Amendment 1596 #

Proposal for a regulation
Article 43 – paragraph 1 – point 6 b (new)

(6b) shall operate in a way that minimises risks to victims, especially children, when engaging with victims or in any decision affecting victims;

Amendment 1597 #

Proposal for a regulation
Article 43 a (new)

Article43a Implementing act for the interconnection of helplines 1. The national helpline referred to in Article 43 shall be interconnected via the European Centralised Helpline for Abuse of Teenagers (eCHAT) to be developed and operated by the EU Centre by ... [two years after the date of entry into force of this Regulation] 2. The Commission shall be empowered to adopt, by means of implementing acts, technical specifications and procedures necessary to provide for the interconnection of national hotlines' online chat systems via eCHAT in accordance with Article 43 with regard to: (a) the technical data necessary forthe eCHAT system to perform itsfunctions and the method of storage, useand protection of that technical data; (b) the common criteria according to which national helplines shall be available through the system of interconnection of helplines; (c) the technical details on how helplines shall be madeavailable; (d) the technical conditions of availability of services provided by the system of interconnection of helplines. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 5 of Regulation (EU) 182/2011. 3. When adopting the implementingacts referred to in paragraph 2, the Commission shall take into account proven technology and existing practices.

Amendment 1598 #

Proposal for a regulation
Article 44

1. The EU Centre shall create, maintain and operate databases of the following three types of indicators of online child sexual abuse: (a) indicators to detect the dissemination of child sexual abuse material previously detected and identified as constituting child sexual abuse material in accordance with Article 36(1); (b) indicators to detect the dissemination of child sexual abuse material not previously detected and identified as constituting child sexual abuse material in accordance with Article 36(1); (c) indicators to detect the solicitation of children. 2. The databases of indicators shall solely contain: (a) relevant indicators, consisting of digital identifiers to be used to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, on hosting services and interpersonal communications services, generated by the EU Centre in accordance with paragraph 3; (b) as regards paragraph 1, point (a), the relevant indicators shall include a list of uniform resource locators compiled by the EU Centre in accordance with paragraph 3; (c) the necessary additional information to facilitate the use of the indicators in accordance with this Regulation, including identifiers allowing for a distinction between images, videos and, where relevant, other types of material for the detection of the dissemination of known and new child sexual abuse material and language identifiers for the detection of solicitation of children. 3. The EU Centre shall generate the indicators referred to in paragraph 2, point (a), solely on the basis of the child sexual abuse material and the solicitation of children identified as such by the Coordinating Authorities or the courts or other independent authorities of the Member States, submitted to it by the Coordinating Authorities pursuant to Article 36(1), point (a). The EU Centre shall compile the list of uniform resource locators referred to in paragraph 2, point (b), solely on the basis of the uniform resource locators submitted to it pursuant to Article 36(1), point (b). 4. The EU Centre shall keep records of the submissions and of the process applied to generate the indicators and compile the list referred to in the first and second subparagraphs. It shall keep those records for as long as the indicators, including the uniform resource locators, to which they correspond are contained in the databases of indicators referred to in paragraph 1.Article 44 deleted Databases of indicators

Amendment 1599 #

Proposal for a regulation
Article 44 – paragraph 1 – introductory part

1. The EU Centre shall create, maintain and operate databases of the following ~~three~~ types of indicators of online child sexual abuse material:

Amendment 1600 #

Proposal for a regulation
Article 44 – paragraph 1 – introductory part

1. The EU Centre shall create, maintain and operate databases of the following three types of indicators of ~~online~~ child sexual abuse material:

Amendment 1601 #

Proposal for a regulation
Article 44 – paragraph 1 – point a

(a) indicators to detect ~~the dissemination of~~ child sexual abuse material previously detected and identified as constituting child sexual abuse material in accordance with Article 36(1);

Amendment 1602 #

Proposal for a regulation
Article 44 – paragraph 1 – point b

~~(b) indicators to detect the dissemination of child sexual abuse material not previously detected and identified as constituting child sexual abuse material in accordance with Article 36(1);~~deleted

Amendment 1603 #

Proposal for a regulation
Article 44 – paragraph 1 – point b

Amendment 1604 #

Amendment 1605 #

Proposal for a regulation
Article 44 – paragraph 1 – point c

~~(c) indicators to detect the solicitation of children.~~deleted

Amendment 1606 #

Proposal for a regulation
Article 44 – paragraph 1 – point c

~~(c) indicators to detect the solicitation of children.~~deleted

Amendment 1607 #

Proposal for a regulation
Article 44 – paragraph 1 – point c

~~(c) indicators to detect the solicitation of children.~~deleted

Amendment 1608 #

Proposal for a regulation
Article 44 – paragraph 2 – point a

(a) relevant indicators, consisting of digital identifiers to be used to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, on hosting services and number independent interpersonal communications services, generated by the EU Centre in accordance with paragraph 3;

Amendment 1609 #

Proposal for a regulation
Article 44 – paragraph 2 – point a

(a) relevant indicators, consisting of digital identifiers to be used to detect ~~the dissemination of known or new~~known child sexual abuse material ~~or the solicitation of children~~, as applicable, on hosting services and number-independent interpersonal communications services, generated by the EU Centre in accordance with paragraph 3;

Amendment 1610 #

Proposal for a regulation
Article 44 – paragraph 2 – point a

(a) relevant indicators, consisting of digital identifiers to be used to detect the dissemination of known ~~or new~~ child sexual abuse material ~~or the solicitation of children,~~ as applicable, on hosting services and number-independent interpersonal communications services, generated by the EU Centre in accordance with paragraph 3;

Amendment 1611 #

Proposal for a regulation
Article 44 – paragraph 2 – point b

~~(b) as regards paragraph 1, point (a), the relevant indicators shall include a list of uniform resource locators compiled by the EU Centre in accordance with paragraph 3;~~deleted

Amendment 1612 #

Proposal for a regulation
Article 44 – paragraph 2 – point c

(c) the necessary additional information to facilitate the use of the indicators in accordance with this Regulation, including identifiers allowing for a distinction between images~~, videos and, where relevant, other types of material~~ and videos for the detection of the dissemination of known ~~and new~~ child sexual abuse material ~~and language identifiers for the detection of solicitation of children~~.

Amendment 1613 #

Proposal for a regulation
Article 44 – paragraph 2 – point c

(c) the necessary additional information to facilitate the use of the indicators in accordance with this Regulation, including identifiers allowing for a distinction between images, videos and, where relevant, other types of material for the detection of ~~the dissemination of known and new~~known child sexual abuse material ~~and language identifiers for the detection of solicitation of children~~.

Amendment 1614 #

Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1

The EU Centre shall generate the indicators referred to in paragraph 2, point (a), solely ~~on the basis of the~~from child sexual abuse material ~~and the solicitation of children identified as such by the Coordinating Authorities or the courts or other independent~~identified as such by the competent judicial authorities of the Member States, submitted to it by the Coordinating Authorities pursuant to Article 36(1), point (a).

Amendment 1615 #

Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1

The EU Centre shall generate the indicators referred to in paragraph 2, point (a), solely on the basis of the child sexual abuse material ~~and the solicitation of children~~ identified as such by the Coordinating Authorities or the courts or other independent authorities of the Member States, submitted to it by the Coordinating Authorities pursuant to Article 36(1), point (a).

Amendment 1616 #

Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 2

The EU Centre shall compile the list of uniform resource locators referred to in paragraph 2, point (b), solely on the basis of the uniform resource locators submitted to it pursuant to Article 36(1), point (b).deleted

Amendment 1617 #

Proposal for a regulation
Article 44 – paragraph 4

4. The EU Centre shall keep records of the submissions and of the process applied to generate the indicators and compile the list referred to in the first and second subparagraphs. It shall keep those records for as long as the indicators~~, including the uniform resource locators, to which they correspond~~ are contained in the databases of indicators referred to in paragraph 1.

Amendment 1618 #

Proposal for a regulation
Article 44 – paragraph 4 a (new)

4a. The EU Centre shall ensure through all technical means available that the database of indicators is secure and cannot be alterated by providers, users and any other actor at the moment of its deployment for the purpose of detection.

Amendment 1619 #

Proposal for a regulation
Article 45 – paragraph 1

1. The EU Centre shall create, maintain and operate a database for the reports submitted to it by providers of hosting services and providers of number independent interpersonal communications services in accordance with Article 12(1) and assessed and processed in accordance with Article 48.

Amendment 1620 #

Proposal for a regulation
Article 45 – paragraph 1

1. The EU Centre shall create, maintain and operate a database for the reports submitted to it by providers of hosting services and providers of number- independent interpersonal communications services in accordance with Article 12(1) and assessed and processed in accordance with Article 48.

Amendment 1621 #

Proposal for a regulation
Article 45 – paragraph 1

Amendment 1622 #

(b) where the EU Centre considered the report unfounded or manifestly unfounded, the reasons and the date and time of informing the provider in accordance with Article 48(2);

Amendment 1623 #

Proposal for a regulation
Article 45 – paragraph 2 – point b

(b) where the EU Centre considered the report ~~manifestly~~ unfounded, the reasons and the date and time of informing the provider in accordance with Article 48(2);

Amendment 1624 #

Proposal for a regulation
Article 45 – paragraph 2 – point c

(c) where the EU Centre forwarded the report in accordance with Article 48(3), the date and time of such forwarding and the name of the competent law enforcement authority or authorities to which it forwarded the report or, where applicable, information on the reasons for forwarding the report solely to Europol for further analysis;deleted

Amendment 1625 #

Proposal for a regulation
Article 45 – paragraph 2 – point c

(c) where the EU Centre forwarded the report in accordance with Article 48(3), the date and time of such forwarding and the name of the competent law enforcement authority or authorities to which it forwarded the report ~~or, where applicable, information on the reasons for forwarding the report solely to Europol for further analysis~~;

Amendment 1626 #

Proposal for a regulation
Article 45 – paragraph 2 – point c

(c) where the EU Centre forwarded the report in accordance with Article 48(3), the date and time of such forwarding and the name of the competent law enforcement authority or authorities to which it forwarded the report or~~, where applicable, information on the reasons for forwarding the report solely to Europol for further analysis;~~

Amendment 1627 #

Proposal for a regulation
Article 45 – paragraph 2 – point e

(e) where available, information indicating that the provider that submitted a report concerning the dissemination of known ~~or new child~~ sexual abuse material removed ~~or disabled access to~~ the material;

Amendment 1628 #

Proposal for a regulation
Article 45 – paragraph 2 – point e

(e) where available, information indicating that the provider that submitted a report concerning the dissemination of known ~~or new~~ child sexual abuse material removed ~~or disabled access to~~ the material;

Amendment 1629 #

Proposal for a regulation
Article 45 – paragraph 2 – point e

(e) where available, information indicating that the provider that submitted a report concerning the dissemination of ~~known or new~~ child sexual abuse material removed or disabled access to the material;

Amendment 1630 #

Proposal for a regulation
Article 45 – paragraph 2 – point g

~~(g) relevant indicators and ancillary tags associated with the reported potential child sexual abuse material.~~deleted

Amendment 1631 #

Proposal for a regulation
Article 46 – paragraph 1

1. Subject to paragraphs 2 and 3, solely EU Centre staff and auditors duly authorised by the Executive Director and Data Protection Officer shall have access to and be entitled to process the data contained in the databases referred to in Articles 44 and 45.

Amendment 1632 #

Proposal for a regulation
Article 46 – paragraph 1

1. Subject to paragraphs 2 and 3, solely EU Centre staff and auditors duly authorised by the Executive Director shall have access to and be entitled to process the data contained in the databases referred to in Article~~s 44 and~~ 45.

Amendment 1633 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 46 – paragraph 2

2. The EU Centre shall give providers of hosting services, providers of interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection or blocking orders that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection or blocking orders concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein.deleted

Amendment 1634 #

Proposal for a regulation
Article 46 – paragraph 2

2. The EU Centre shall give providers of hosting services, providers of interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to put in place voluntary measures, when authorised, and execute the detection or blocking orders that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection or blocking orders concerned as well as for the execution of the voluntary measures, when authorised, and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein.

Amendment 1635 #

Proposal for a regulation
Article 46 – paragraph 2

2. The EU Centre shall give providers of hosting services, providers of number independent interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection or blocking orders that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection or blocking orders concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein.

Amendment 1636 #

Proposal for a regulation
Article 46 – paragraph 2

2. The EU Centre shall give providers of hosting services, providers of number- independent interpersonal communications services ~~and providers of internet access services~~ access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection ~~or blocking~~ orders that they received in accordance with Articles 7 ~~or 16~~. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection ~~or blocking~~ orders concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein.

Amendment 1637 #

Proposal for a regulation
Article 46 – paragraph 2

2. The EU Centre shall give providers of hosting services, providers of number- independent interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection ~~or blocking order~~warrants that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection ~~or blocking order~~warrants concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein.

Amendment 1638 #

Proposal for a regulation
Article 46 – paragraph 3

3. The EU Centre shall give Coordinating Authorities access to the databases of indicators referred to in Article 44 where and to the extent necessary for the performance of their tasks under this Regulation.deleted

Amendment 1639 #

Proposal for a regulation
Article 46 – paragraph 4

4. The EU Centre shall give Europol and the competent law enforcement authorities of the Member States access to the databases of indicators referred to in Article 44 where and to the extent necessary for the performance of their tasks of investigating suspected child sexual abuse offences.deleted

Amendment 1640 #

Proposal for a regulation
Article 46 – paragraph 4

4. The EU Centre shall give ~~Europol and~~ the competent law enforcement authorities of the Member States access to the databases of indicators referred to in Article 44 where and to the extent necessary for the performance of their tasks of investigating suspected child sexual abuse offences.

Amendment 1641 #

Proposal for a regulation
Article 46 – paragraph 4 a (new)

4a. The EU Centre shall give Europol access to the databases of indicators referred to in Article 44 only limited to specific data, such as hit/no hit procedure, and solely if necessary for the performance of their tasks of investigating cross-border cases of suspected child sexual abuse offences.

Amendment 1642 #

Proposal for a regulation
Article 46 – paragraph 5

5. The EU Centre shall give Europol access to the databases of reports referred to in Article 45, where and to the extent necessary for the performance of its tasks of assisting investigations of suspected child sexual abuse offencesdeleted

Amendment 1643 #

Proposal for a regulation
Article 46 – paragraph 5

Amendment 1644 #

Proposal for a regulation
Article 46 – paragraph 5

5. The EU Centre shall give Europol access to the databases of indicators and reports referred to in Article 454 and Article 45, solely on a case-by-case basis with cross-border elements, where and to the extent necessary for the performance of its tasks of assisting investigations of suspected child sexual abuse offences . The EU Centre shall provide the access only where a link to criminal activity can be demonstrated by Europol and solely upon the authorisation of a request, specifying the purpose of the request, the modalities of the requested access, the intented subsequent use and the degree of access needed to achieve that purpose. The requests for the access shall be introduced via the Secure Information Exchange Network Application (SIENA). The EU Centre shall diligently assess those requests and only grant access where it considers that the requested access is necessary for and proportionate to the specified purpose.

Amendment 1645 #

Proposal for a regulation
Article 46 – paragraph 6 – subparagraph 1

The EU Centre shall provide the access referred to in paragraph~~s 2, 3, 4 and~~ 5 only upon the reception of a request, specifying the purpose of the request, the modalities of the requested access, and the degree of access needed to achieve that purpose. ~~The requests for the access referred to in paragraph 2 shall also include a reference to the detection order or the blocking order, as applicable.~~

Amendment 1646 #

Proposal for a regulation
Article 46 – paragraph 6 – subparagraph 1

The EU Centre shall provide the access referred to in paragraphs 2, 3~~, 4~~ and 54 only upon the reception of a request, specifying the purpose of the request, the modalities of the requested access, and the degree of access needed to achieve that purpose. The requests for the access referred to in paragraph 2 shall also include a reference to the detection order or the blocking order, as applicable.

Amendment 1647 #

Proposal for a regulation
Article 46 – paragraph 6 – subparagraph 1

The EU Centre shall provide the access referred to in paragraphs 2, 3, 4 ~~and 5~~ only upon the reception of a request, specifying the purpose of the request, the modalities of the requested access, and the degree of access needed to achieve that purpose. The requests for the access referred to in paragraph 2 shall also include a reference to the detection order ~~or the blocking order,~~ as applicable.

Amendment 1648 #

Proposal for a regulation
Article 46 – paragraph 6 – subparagraph 2

The EU Centre shall duly and diligently assess those requests on a case-by-case basis, and only grant access where it considers that the requested access is necessary for and proportionate to the specified purpose. Where it considers that an access request by Europol is necessary and proportionate, it shall provided the relevant data to Europol via the Secure Information Exchange Network Application (SIENA).

Amendment 1649 #

Proposal for a regulation
Article 46 – paragraph 6 – subparagraph 2

The EU Centre shall diligently assess those requests and only grant access where it considers that the requested access is necessary for and proportionate to the specified purpose, and in accordance with Union law.

Amendment 1650 #

Proposal for a regulation
Article 46 – paragraph 7

7. The EU Centre shall regularly verify that the data contained in the databases referred to in Articles 44 and 45 is, in all respects, complete, accurate and up-to-date and continues to be necessary for the purposes of reporting, detection ~~and blocking~~ in accordance with this Regulation, as well as facilitating and monitoring of accurate detection technologies and processes. In particular, as regards the uniform resource locators contained in the database referred to Article 44(1), point (a), the EU Centre shall, where necessary in cooperation with the Coordination Authorities, regularly verify that the conditions of Article 36(1), point (b), continue to be met. Those verifications shall include audits, where appropriate. Where necessary in view of those verifications, it shall immediately complement, adjust or delete the data.

Amendment 1651 #

Proposal for a regulation
Article 46 – paragraph 7

7. The EU Centre shall regularly verify that the data contained in the databases referred to in Article~~s 44 and~~ 45 is, in all respects, complete, accurate and up-to-date and continues to be necessary for the purposes of reporting~~, detection and blocking~~ in accordance with this Regulation, as well as facilitating and monitoring of accurate detection technologies and processes. In particular, as regards the uniform resource locators contained in the database referred to Article 44(1), point (a), the EU Centre shall, where necessary in cooperation with the Coordination Authorities, regularly verify that the conditions of Article 36(1), point (b), continue to be met.. Those verifications shall include audits, where appropriate. Where necessary in view of those verifications, it shall immediately complement, adjust or delete the data.

Amendment 1652 #

Proposal for a regulation
Article 46 – paragraph 7

Amendment 1653 #

Proposal for a regulation
Article 46 – paragraph 8

8. The EU Centre shall ensure that the data contained in the databases referred to in Articles 44 and 45 is stored in a ~~secure manner~~n encrypted or protected in a similarly secure way and that the storage is subject to ~~appropriate~~highest state of the art technical and organisational safeguards. Those safeguards shall ensure, in particular, that the data can be accessed and processed only by duly authorised persons for the purpose for which the person is authorised and that a high level of security is achieved. The EU Centre shall regularly review those safeguards and adjust them where necessary.

Amendment 1654 #

Proposal for a regulation
Article 46 – paragraph 8

8. The EU Centre shall ensure that the data contained in the databases referred to in Article~~s 44 and~~ 45 is stored in a secure manner and that the storage is subject to appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the data can be accessed and processed only by duly authorised persons for the purpose for which the person is authorised and that a high level of security is achieved. The EU Centre shall regularly review those safeguards and adjust them where necessary.

Amendment 1655 #

Proposal for a regulation
Article 46 a (new)

Article46a Logging 1. The EU Centre, the Coordinating Authorities and competent authorities shall provide for logs to be kept for at least the following processing operations, in relation to tasks performed on the basis of this Regulation: collection, alteration, consultation, disclosure including transfers, combination and erasure. 2. The logs of consultation and disclosure shall make possible to establish the justification, date and time of such operations and, as far as possible, the identification of the person who consulted or disclosed the data, and the identity of the recipients of such data. 3. The logs shall be used solely for verification of the lawfulness of processing, self-monitoring, ensuring the integrity and security of the personal data, and for criminal proceedings. 4. The EU Centre, the Coordinating Authorities and competent authorities shall make the logs available to the relevant data protection supervisory authority on request.

Amendment 1656 #

Proposal for a regulation
Article 47 – paragraph 1 – point a

(a) the types, precise content, set-up and operation of the databases of indicators referred to in Article 44(1), including the indicators and the necessary additional information to be contained therein referred to in Article 44(2);deleted

Amendment 1657 #

Proposal for a regulation
Article 47 – paragraph 1 – point b

(b) the processing of the submissions by Coordinating Authorities, the generation of the indicators, the compilation of the list of uniform resource locators and the record-keeping, referred to in Article 44(3);deleted

Amendment 1658 #

Proposal for a regulation
Article 47 – paragraph 1 – point b

(b) the processing of the submissions by Coordinating Authorities, the generation of the indicators~~, the compilation of the list of uniform resource locators and the record-keeping,~~ referred to in Article 44(3);

Amendment 1659 #

Proposal for a regulation
Article 47 – paragraph 1 – point d

(d) access to the databases referred to in Articles 44 and 45, including the modalities of the access referred to in Article 46(1) to (5), the content, processing and assessment of the requests referred to in Article 46(6), procedural matters related to such requests and the necessary measures referred to in Article 46(6);deleted

Amendment 1660 #

Proposal for a regulation
Article 47 – paragraph 1 – point d

Amendment 1661 #

Proposal for a regulation
Article 47 – paragraph 1 – point d

(d) access to the databases referred to in Article~~s 44 and~~ 45, including the modalities of the access referred to in Article 46(1) to (5), the content, processing and assessment of the requests referred to in Article 46(6), procedural matters related to such requests and the necessary measures referred to in Article 46(6);

Amendment 1662 #

Proposal for a regulation
Article 47 – paragraph 1 – point e

(e) the regular verifications and audits to ensure that the data contained in th~~ose~~is databases is complete, accurate and up-to- date referred to in Article 46(7) and the security of the storage of the data, including the technical and organisational safeguards and regular review referred to in Article 46(8).

Amendment 1663 #

Proposal for a regulation
Article 48 – paragraph 1

1. The EU Centre shall expeditiously assess and process reports submitted by providers of hosting services and providers of number independent interpersonal communications services in accordance with Article 12 to determine whether the reports are manifestly unfounded or are to be forwarded.

Amendment 1664 #

Proposal for a regulation
Article 48 – paragraph 1

1. The EU Centre shall expeditiously assess and process reports submitted by providers of hosting services and providers of number-independent interpersonal communications services in accordance with Article 12 to determine whether the reports are ~~manifestly~~ unfounded or are to be forwarded.

Amendment 1665 #

Proposal for a regulation
Article 48 – paragraph 1

1. The EU Centre shall expeditiously assess and process reports submitted by providers of hosting services and providers of interpersonal communications services in accordance with Article 12 to determine whether the reports are ~~manifestly~~ unfounded or are to be forwarded.

Amendment 1666 #

Proposal for a regulation
Article 48 – paragraph 1 – subparagraph 1 (new)

The EU Centre shall make a free telephone number available to users that shall provide them with assistance in the event of a suspected violation of the provisions of this regulation.

Amendment 1667 #

Proposal for a regulation
Article 48 – paragraph 1 a (new)

1a. Where the EU Centre receives a report from a Hotline, or from a provider who indicated that the report is based on the information received from a Hotline, the EU Centre shall monitor the removal of child sexual abuse material or cooperate with the Hotline to track its status to avoid duplicated reporting on the same material that has already been reported to the national law enforcement authorities.

Amendment 1668 #

Proposal for a regulation
Article 48 – paragraph 2

2. Where the EU Centre considers that the report is ~~manifestly~~ unfounded, it shall inform the provider that submitted the report, specifying the reasons why it considers the report to be unfounded. In cases of unfounded reports the EU Centre shall capture a cryptographic hash value from the reported file and shall store it together with the name of the provider who submitted the report and the date when it was submitted solely for statistical purposes. The unfounded report and any personal data related to it shall be deleted not later than 24h after the provider was informed.

Amendment 1669 #

Proposal for a regulation
Article 48 – paragraph 2

Amendment 1670 #

Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 1

Where the EU Centre considers that a report is not ~~manifestly~~ unfounded, it shall forward the report, that is adequate, relevant and limited to what is strictly necessary together with any additional relevant information available to it, ~~to Europol and~~ to the competent law enforcement authority or authorities of the Member State likely to have jurisdiction to investigate or prosecute the potential child sexual abuse to which the report relates.

Amendment 1671 #

Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 1

Where, after a thorough legal and factual assessment, the EU Centre considers that a report is not ~~manifestly unfounded~~unfounded and actionable, it shall forward the report, together with any additional relevant information available to it~~, to Europol and~~ to the competent law enforcement authority or authorities of the Member State likely to have jurisdiction to investigate or prosecute the potential child sexual abuse to which the report relates.

Amendment 1672 #

Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 1

Where the EU Centre considers that a report is not manifestly unfounded, it ~~shall~~may forward the report, with consent of the survivor, where possible, together with any additional relevant information available to it~~, to Europol and~~ to the competent law enforcement authority or authorities of the Member State likely to have jurisdiction to investigate or prosecute the potential child sexual abuse to which the report relates.

Amendment 1673 #

Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 2

Where that competent law enforcement authority or those competent law enforcement authorities cannot be determined with sufficient certainty, the EU Centre shall forward the report, together with any additional relevant information available to it, to Europol, for further analysis and subsequent referral by Europol to the competent law enforcement authority or authorities.deleted

Amendment 1674 #

Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 2

Where that competent law enforcement authority or those competent law enforcement authorities cannot be determined with sufficient certainty, the EU Centre ~~shall~~may forward the report, with consent of the survivor, where possible, together with any additional relevant information available to it, to Europol, for further analysis and subsequent referral by Europol to the competent law enforcement authority or authorities. The report submitted to Europol shall only contain information necessary for the purpose of identifying the competent law enforcement authority.

Amendment 1675 #

Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 2

WOnly where that competent law enforcement authority or those competent law enforcement authorities cannot be determined with sufficient certainty by a thorough factual assessment, the EU Centre shall forward the report, together with any additional relevant information available to it, to Europol, for further analysis and subsequent referral by Europol to the competent law enforcement authority or authorities. .

Amendment 1676 #

Proposal for a regulation
Article 48 – paragraph 6 – introductory part

6. Where so requested by a competent law enforcement authority of a Member State in order to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offencesit is necessary and proportionate to safeguard the prevention, detection, investigation and prosecution of child sexual abuse offences in a specific case and where requested by a competent law enforcement authority of a Member State, the EU Centre shall:

Amendment 1677 #

Proposal for a regulation
Article 48 – paragraph 6 – point b

(b) where the provider that submitted the report is a provider of hosting services and the report concerns the potential dissemination of child sexual abuse material, communicate to the provider that it is not to remove ~~or disable access to~~ the material, specifying the time period during which the provider is not to do so.

Amendment 1678 #

Proposal for a regulation
Article 48 – paragraph 7

7. The time periods referred to in the first subparagraph of paragraph 6, points (a) and (b), shall be those specified in the competent law enforcement authority’s request to the EU Centre~~, provided that they~~. These time periods shall remain limited to what is necessary ~~to avoid interference~~and proportionate in a democratic society with thdue re~~levant activities and does~~gard to the fundamental rights and legitimate interests of the natural persons concerned and in any caseshall not exceed 184 months.

Amendment 1679 #

Proposal for a regulation
Article 48 – paragraph 8

8. The EU Centre shall verify whether a provider of hosting services that submitted a report concerning the potential dissemination of child sexual abuse material removed ~~or disabled access to~~ the material, insofar as the material is publicly accessible. Where it considers that the provider did not remove ~~or disable access to~~ the material expeditiously, the EU Centre shall inform the Coordinating Authority of establishment thereof.

Amendment 1680 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 48 – paragraph 8

Amendment 1681 #

Proposal for a regulation
Article 48 – paragraph 8 a (new)

8a. Where the EU Centre receives a report from a hotline, or where a provider that submitted the report to the EU Centre has indicated that the report is based on the information received from a hotline, the EU Centre shall: (a) refrain from forwarding the report to the competent law enforcement authority or authorities to avoid duplicated reporting on the same material that has already been reported to the national law enforcement by the hotlines; (b) monitor the removal of the child sexual abuse material or cooperate with the relevant hotline to track the status.

Amendment 1682 #

Proposal for a regulation
Article 48 – paragraph 8 a (new)

8a. The EU Center shall not retain the personal data contained in the reports it receives for a period longer than two working days. This period may be extended by up to one week where duly justified and documented.

Amendment 1683 #

Proposal for a regulation
Article 48 – paragraph 8 b (new)

8b. The EU Center shall keep logs for any of the following processing operations in automated processing systems: the entry, alteration, access, consultation, disclosure, combination and erasure of personal data. The logs of consultation and disclosure shall make possible to establish the justification for, and the date and time of, such operations, the identification of the person who consulted or disclosed operational personal data, and, as far as possible, the identity of the recipients. These logs shall be used for verification of the lawfulness of processing, self-monitoring, and for ensuring its integrity and security. These logs shall be made available to the EU Centre’s data protection officer and to the EDPS on request. Such logs shall be deleted after three years, unless they are required for ongoing control.

Amendment 1684 #

Proposal for a regulation
Article 49

1. The EU Centre shall have the power to conduct searches on hosting services for the dissemination of publicly accessible child sexual abuse material, using the relevant indicators from the database of indicators referred to in Article 44(1), points (a) and (b), in the following situations: (a) where so requested to support a victim by verifying whether the provider of hosting services removed or disabled access to one or more specific items of known child sexual abuse material depicting the victim, in accordance with Article 21(4), point (c); (b) where so requested to assist a Coordinating Authority by verifying the possible need for the issuance of a detection order or a removal order in respect of a specific service or the effectiveness of a detection order or a removal order that the Coordinating Authority issued, in accordance with Article 25(7), points (c) and (d), respectively. 2. The EU Centre shall have the power to notify, after having conducted the searches referred to in paragraph 1, providers of hosting services of the presence of one or more specific items of known child sexual abuse material on their services and request them to remove or disable access to that item or those items, for the providers’ voluntary consideration. The request shall clearly set out the identification details of the EU Centre and a contact point, the necessary information for the identification of the item or items, as well as the reasons for the request. The request shall also clearly state that it is for the provider’s voluntary consideration. 3. Where so requested by a competent law enforcement authority of a Member State in order to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences, the EU Centre shall not submit a notice, for as long as necessary to avoid such interference but no longer than 18 months.Article 49 deleted Searches and notification

Amendment 1685 #

Proposal for a regulation
Article 49 – paragraph 1 – introductory part

1. The EU Centre shall have the power to conduct searches on hosting services for the dissemination of publicly accessible child sexual abuse material, ~~using the relevant indicators from the database of indicators referred to in Article 44(1), points (a) and (b),~~ in the following situations:

Amendment 1686 #

Proposal for a regulation
Article 49 – paragraph 1 – introductory part

Amendment 1687 #

Proposal for a regulation
Article 49 – paragraph 1 – introductory part

1. The EU Centre shall have the power to conduct searches of publicly accessible content on hosting services for ~~the dissemination of publicly accessible~~known child sexual abuse material, using the relevant indicators from the database of indicators referred to in Article 44(1), points (a) ~~and (b),~~ in the following situations:

Amendment 1688 #

Proposal for a regulation
Article 49 – paragraph 1 – point a

(a) where so requested to support a ~~victim~~survivor by verifying whether the provider of hosting services removed ~~or disabled access to~~ one or more specific items of known child sexual abuse material depicting the ~~victim~~survivor, in accordance with Article 21(4), point (c);

Amendment 1689 #

Proposal for a regulation
Article 49 – paragraph 1 – point b

(b) where so requested to assist a Coordinating Authority by verifying the possible need for ~~the issuance of a detection order or~~ a removal order in respect of a specific service or the effectiveness of a ~~detection order or a~~ removal order that the Coordinating Authority issued, in accordance with Article 25(7), points (c) and (d), respectively.

Amendment 1690 #

Proposal for a regulation
Article 49 – paragraph 1 – point b a (new)

(ba) proactively of its own initiative by systematically and automatically analysing and following publicly accessible uniform resource locators (web crawling).

Amendment 1691 #

Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1

The EU Centre shall have the power to notify, after having conducted the searches referred to in paragraph 1, the Coordinating Authoriy to request a removal order persuant to Article 14 and the providers of hosting services of the presence of one or more specific items of known child sexual abuse material on their services and request them to remove ~~or disable access to~~ that item or those items~~, for the providers’ voluntary consideration.~~ .

Amendment 1692 #

Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1

The EU Centre shall have the power to notify, after having conducted the searches referred to in paragraph 1, providers of hosting services of the presence of one or more specific items of known child sexual abuse material on their services and request them to remove ~~or disable access to~~ that item or those items, for the providers’ voluntary consideration.

Amendment 1693 #

Proposal for a regulation
Article 49 – paragraph 3

3. Where so requested by a competent law enforcement authority of a Member State in order to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences, the EU Centre shall not submit a notice, for as long as necessary to avoid such interference butit is necessary and proportionate to safeguard the prevention, detection, investigation and prosecution of child sexual abuse offences in a specific case and where requested by a competent law enforcement authority of a Member State the EU Centre shall not submit a notice. This non-submission shall be timely limited to what is necessary and proportionate in a democratic society with due regard for the fundamental rights and legitimate interests of the natural persons concerned and in any case not longer than 184 months.

Amendment 1694 #

Proposal for a regulation
Article 50 – title

~~Technologies, i~~Information and expertise

Amendment 1695 #

Proposal for a regulation
Article 50 – paragraph 1

1. The EU Centre shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). To that aim, the EU Centre shall compile lists of such technologies, having regard to the requirements of this Regulation and in particular those of Article 10(2). Before including specific technologies on those lists, the EU Centre shall request the opinion of its Technology Committee and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay.deleted

Amendment 1696 #

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1

The EU Centre shall make available technologies that providers of hosting services and providers of number- independent interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). The EU Centre shall provide recommended mitigating measures and relevant best practices that are in particular effective in identifying child sexual abuse material that result from the operation of providers’ mitigating measures, in accordance with Article 4 of the Regulation.

Amendment 1697 #

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1

The EU Centre shall make available: (i) technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1). (ii) technologies that providers of end-to- end encrypted electronic communication services may acquire, install and operate, free of charge, where relevant subject to reasonable licencing conditions, to adopt the security measures imposed on them by Article 7(3)(a).

Amendment 1698 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Abir AL-SAHLANI, Michal ŠIMEČKA, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1

The EU Centre shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1) concerning the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children.

Amendment 1699 #

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1

The EU Centre shall make available technologies that providers of hosting services and providers of number independent interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1).

Amendment 1700 #

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1 a (new)

The EU Centre shall provide recommended mitigating measures and relevant best practices that are in particular effective in identifying child sexual abuse material that result from the operation of providers’ mitigating measures, in accordance with Article 4 of the Regulation.

Amendment 1701 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Abir AL-SAHLANI, Michal ŠIMEČKA, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2

To that aim, the EU Centre shall compile lists of such technologies, having regard to the requirements of this Regulation and in particular those of Article 10(2) and Article 19a (new).

Amendment 1702 #

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 3

Before including specific technologies on those lists, the EU Centre shall request the authoritative opinion of its Technology Committee and of the European Data Protection Board, which it shall fully take into account. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. EU Center shall inform the European Data Protection Board of the action it has taken following its opinion, which shall have the right to object to the inclusion of the specific technology in the lists if it deems that its opinion has not been duly taken into consideration. This opinion shall be notwithstanding the case- by-case assessment of the intended processing by the relevant controller under articles 35 and 36 of Regulation 2016/679.

Amendment 1703 #

Javier ZARZALEJOS

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 3

Before including specific technologies on those lists, the EU Centre shall request the opinions of its Technology Committee and Victims’ Consultative Forum, and, upon request of the European Commission, the opinion of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. Where the EU Centre substantially deviates from those opinions, it shall inform the Technology Committee, the Victims' Consultative Forum, or the European Data Protection Board and the Commission thereof, specifying the points where it deviated and the main reasons for that deviation.

Amendment 1704 #

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 3

Before including specific technologies on those lists, the EU Centre shall request the opinion of its Technology Committee, the Experts Consultative Forum, and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. Where the EU Centre substantially deviates from those opinions, it shall inform the Technology Committee or the European Data Protection Board and the Commission thereof, specifying the points at which it deviated and the main reasons for the deviation.

Amendment 1705 #

Before including specific technologies on those lists, the EU Centre shall request the opinion of its Technology Committee and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within ~~eight~~10 weeks. That period may be extended by a further ~~six~~12 weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU Centre of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay.

Amendment 1706 #

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 3 a (new)

The EU Centre shall respect the positions and findings in the opinion provided by the European Data Protection Board before making specific technologies available.

Amendment 1707 #

Proposal for a regulation
Article 50 – paragraph 2 – introductory part

2. The EU Centre shall collect, record, a~~nalyse and~~ggregate, analyse and proactively make available relevant, objective, reliable and comparable information on matters related to the prevention and combating of child sexual abuse to relevant bodies, Member States, EU institutions and relevant civil society organisations and research institutes, in particular:

Amendment 1708 #

Proposal for a regulation
Article 50 – paragraph 2 – point a

(a) information obtained in the performance of its tasks under this Regulation concerning ~~detection, reporting, removal or disabling of access to, and blocking~~reporting and removal of online child sexual abuse;

Amendment 1709 #

Proposal for a regulation
Article 50 – paragraph 2 – point a

(a) information obtained in the performance of its tasks under this Regulation concerning detection, reporting, removal ~~or disabling of access to, and blocking~~ of online child sexual abuse;

Amendment 1710 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 50 – paragraph 2 – point a

(a) information obtained in the performance of its tasks under this Regulation concerning ~~detection~~, reporting, removal or disabling of access to~~, and blocking of~~ online child sexual abuse;

Amendment 1711 #

Proposal for a regulation
Article 50 – paragraph 2 – point c

Amendment 1712 #

Proposal for a regulation
Article 50 – paragraph 2 – point c a (new)

(ca) information obtained in the performance of its tasks under this Regulation concerning victim assistance and support.

Amendment 1713 #

Proposal for a regulation
Article 50 – paragraph 3

3. Where necessary for the performance of its tasks under this Regulation, the EU Centre shall carry out, participate in or encourage research, surveys and studies, either on its own initiative or, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the Commission. The EU Centre shall support Member States and the Coordinating Authorities in conducting research, taking into account national specificities. The collected knowledge shall serve as a tool to elaborate prevention methods adapted and implemented by Coordinating Authorities in each Member State.

Amendment 1714 #

Proposal for a regulation
Article 50 – paragraph 3 a (new)

3a. The outcome of researches, surveys or studies carried out or led by the EU Centre shall be made publicly available.

Amendment 1715 #

Paul TANG, Alex AGIUS SALIBA, Marcos ROS SEMPERE, Birgit SIPPEL

Proposal for a regulation
Article 50 – paragraph 4

4. The EU Centre shall provide the information referred to in paragraph 2 and the information resulting from the research, surveys and studies referred to in paragraph 3, including its analysis thereof, and its opinions on matters related to the prevention and combating of online child sexual abuse to other Union institutions, bodies, offices and agencies, Coordinating Authorities, other competent authorities and other public authorities of the Member States, either on its own initiative or at request of the relevant authority. Where appropriate, the EU Centre shall make such information publicly available.deleted

Amendment 1716 #

Proposal for a regulation
Article 50 – paragraph 5

5. The EU Centre shall develop a communication strategy and promote dialogue with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse. Communication campaigns shall be easily understandable and accessible to all children, their families and educators in formal, and non-formal education in the Union, aiming to improve digital literacy and ensure a safe digital environment for children. Communication campaigns shall take into account the gender dimension of the crime.

Amendment 1717 #

Proposal for a regulation
Article 50 – paragraph 5

5. The EU Centre shall develop a communication strategy and promote dialogue with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse. Communication campaigns shall be easily understandable and accessible to all children, their families and educators in formal, and non-formal education in the Union, aiming to improve digital literacy and foster a safe digital environment for children.

Amendment 1718 #

Proposal for a regulation
Article 50 – paragraph 5

5. The EU Centre shall ~~develop a communication strategy and promote dialogu~~liase with civil society organisations and providers of hosting or interpersonal communication services to raise public awareness of online child sexual abuse and measures to prevent and combat such abuse.

Amendment 1719 #

Proposal for a regulation
Article 51 – title

Processing activities and ~~data protection~~principles of processing

Amendment 1720 #

Proposal for a regulation
Article 51 – paragraph 2 – point a

~~(a) providing the opinions on intended detection orders referred to in Article 7(3);~~deleted

Amendment 1721 #

Proposal for a regulation
Article 51 – paragraph 2 – point b

~~(b) cooperating with and responding to requests of Coordinating Authorities in connection to intended blocking orders as referred to in Article 16(2);~~deleted

Amendment 1722 #

Proposal for a regulation
Article 51 – paragraph 2 – point b

~~(b) cooperating with and responding to requests of Coordinating Authorities in connection to intended blocking orders as referred to in Article 16(2);~~deleted

Amendment 1723 #

Proposal for a regulation
Article 51 – paragraph 2 – point c

~~(c) receiving and processing blocking orders transmitted to it pursuant to Article 17(3);~~deleted

Amendment 1724 #

Proposal for a regulation
Article 51 – paragraph 2 – point c

~~(c) receiving and processing blocking orders transmitted to it pursuant to Article 17(3);~~deleted

Amendment 1725 #

Proposal for a regulation
Article 51 – paragraph 2 – point d

(d) cooperating with Coordinating Authorities in accordance with Articles 20 and 21 on tasks related to ~~victim~~survivors’ rights to information and assistance;

Amendment 1726 #

Proposal for a regulation
Article 51 – paragraph 2 – point h

~~(h) assisting the Commission, upon its request, in connection to its tasks under the cooperation mechanism referred to in Article 37;~~deleted

Amendment 1727 #

Proposal for a regulation
Article 51 – paragraph 2 – point i

~~(i) create, maintain and operate the databases of indicators referred to in Article 44;~~deleted

Amendment 1728 #

Proposal for a regulation
Article 51 – paragraph 2 – point k

(k) providing and monitoring access to the database~~s of indicators and~~ of reports in accordance with Article 46;

Amendment 1729 #

Proposal for a regulation
Article 51 – paragraph 2 – point m

(m) assessing and processing reports of potential ~~online~~ child sexual abuse in accordance with Article 48;

Amendment 1730 #

Proposal for a regulation
Article 51 – paragraph 2 – point n

~~(n) cooperating with Europol and partner organisations in accordance with Articles 53 and 54, including on tasks related to the identification of victims;~~deleted

Amendment 1731 #

Proposal for a regulation
Article 51 – paragraph 2 – point n

(n) cooperating with Europol and partner organisations in accordance with Articles 53 and 54, including on tasks related to the identification of ~~victim~~survivors;

Amendment 1732 #

Proposal for a regulation
Article 51 – paragraph 3

~~3. The EU Centre shall store the personal data referred to in paragraph 2 only where and for as long as strictly necessary for the applicable purposes listed in paragraph 2.~~deleted

Amendment 1733 #

Proposal for a regulation
Article 51 – paragraph 3 a (new)

3a. Personal data referred to in paragraph 2 shall be processed under the following principles. They shall be (a) processed lawfully and fairly (‘lawfulness and fairness’); (b) collected for specified, explicit and legitimate purposes and not processed in a manner that is incompatible with those purposes (‘purpose limitation’); (c) adequate, relevant, and not excessive in relation to the purposes for which they are processed (‘data minimisation’); (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’); (e) kept in a form which permits identification of data subjects for no longer than is strictly necessary for the purposes for which the personal data are processed (‘storage limitation’).

Amendment 1734 #

Proposal for a regulation
Article 51 – paragraph 4

4. It shall ensure that the personal data is stored in a secure manner and that the storage is subject to appropriate technical and organisational safeguards. Those safeguards shall ensure, in particular, that the personal data can be accessed and processed only for the purpose for which it is stored, that a high level of security is achieved and that the personal data is deleted when no longer strictly necessary for the applicable purposes. It shall regularly review those safeguards and adjust them where necessary.deleted

Amendment 1735 #

Proposal for a regulation
Article 51 – paragraph 4

4. It shall ensure that the personal data is stored in a ~~secure manner~~n encrypted or protected in a similarly secure way and that the storage is subject to ~~appropriate~~highest state of the art, technical and organisational safeguards. Security requirements for data security pursuant to Article 88 of Regulation (EU) 2018/1725, Article 32 of Regulation 767/2008, Article 16 of Regulation 1987/2006, Article 16 of Regulation 2018/1862 and Article 34 of Regulation 603/2013 shall apply accordingly. Those safeguards shall ensure, in particular, that the personal data can be accessed and processed only for the purpose for which it is stored, that a high level of security is achieved and that the personal data is deleted when no longer strictly necessary for the applicable purposes. It shall regularly review those safeguards and adjust them where necessary.

Amendment 1736 #

Proposal for a regulation
Article 51 a (new)

Article51a Data protection and security 1. The EU Centre shall adopt the necessary measures, including a security plan and a disaster recovery plan for its IT Systems, databases and the Communication Infrastructure in order to: (a) physically protect data, including by making contingency plans for the protection of critical infrastructure; (b) deny unauthorised persons access to data-processing facilities used for processing personal data (facilities access control); (c) prevent the unauthorised reading, copying, modification or removal of data media (data media control); (d) prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control); (e) prevent the use of automated data- processing systems by unauthorised persons using data communication equipment (user control); (f) prevent the unauthorised processing of data in the databases and any unauthorised modification or erasure of data processed in the databases (control of data entry); (g) ensure that persons authorised to use an automated data-processing system have access only to the data covered by their access authorisation by means of individual and unique user identifiers and confidential access modes only (data access control); (h) create profiles describing the functions and responsibilities of all persons who are authorised to access the data or the data processing facilities and make those profiles and any other relevant information for supervisory purposes available to the European Data Protection Supervisor without delay upon its request (personnel profiles); (i) ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control); (j) ensure that it is subsequently possible to verify and establish which personal data have been input into automated data- processing systems, when and by whom (input control); (k) prevent the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data or during the transport of data media, in particular by means of appropriate encryption techniques (transport control); (l) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation (self-auditing) and to automatically detect within 24 hours any relevant events arising from the application of measures listed in points (b) to (k) that might indicate the occurrence of a security incident; (m) ensure that, in the event of interrupted operations, installed systems can be restored to normal operation (recovery); (n) ensure that the databases performs their functions correctly, that faults are reported (reliability) and that personal data stored in the databases cannot be corrupted by means of the system malfunctioning (integrity); and (o) ensure the security of its technical sites. 2. The EU Centre shall take measures equivalent to those referred to in paragraph 1 as regards security in respect of the processing and exchange of supplementary information through the Communication Infrastructure.

Amendment 1737 #

Proposal for a regulation
Article 52 – paragraph 2

2. Contact officers shall assist in the exchange of information between the EU Centre and the Coordinating Authorities that designated them. Where the EU Centre receives reports submitted in accordance with Article 12 concerning the potential dissemination of new child sexual abuse material or the potential solicitation of children, the contact officers designated by the competent Member State shall facilitate the process to determine the illegality of the material or conversation, in accordance with Article 36(1).

Amendment 1738 #

Proposal for a regulation
Article 53 – paragraph 1

1. Where necessary for the performance of its tasks under this Regulation, within their respective mandates, the EU Centre shall ~~cooperate with~~seek advice from Europol.

Amendment 1739 #

Proposal for a regulation
Article 53 – paragraph 1 a (new)

1a. Europol and the EU Centre shall cooperate with the NCMEC center in the fight against child sexual abuse material. This cooperation may consist of sharing their databases of known child sexual abuse materials.

Amendment 1740 #

Proposal for a regulation
Article 53 – paragraph 2

2. Europol and the EU Centre shall provide each other with the fullest possible access to relevant information and information systems, where necessary for the performance of their respective tasks and in accordance with the acts of Union law regulating such access. Without prejudice to the responsibilities of the Executive Director, the EU Centre shall maximise efficiency by sharing administrative functions with Europol, including functions relating to personnel management, information technology (IT) and budget implementation.deleted

Amendment 1741 #

Proposal for a regulation
Article 53 – paragraph 2

Amendment 1742 #

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1

Amendment 1743 #

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1

Europol and the EU Centre shall provide each other with the fullest possible access to relevant information and information systems, where necessary for the performance of their respective tasks and in accordance with the acts of Union law regulating such access. Any access to personal data processed in Europol's information systems, where deemed stricly necessary for the performance of the EU Centre's tasks, shall be granted only case- by-case basis, upon submission of an explicit request, which indicates the specific purpose and justification. Europol shall be required to diligentely assess those requests and only transmit personal data to the EU Centre where strictly necessary and proprotionate to the required purpose.

Amendment 1744 #

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1

Europol and the EU Centre shall provide each other with ~~the fullest possible~~ access to relevant information ~~and information systems~~, where necessary for the performance of their respective tasks and in accordance with the acts of Union law regulating such access.

Amendment 1745 #

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2

Without prejudice to the responsibilities of the Executive Director, the EU Centre shall maximise efficiency by sharing administrative functions with Europol, including functions relating to personnel management, information technology (IT) and budget implementation.deleted

Amendment 1746 #

Hilde VAUTMANS, Olivier CHASTEL

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2

Amendment 1747 #

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2

Amendment 1748 #

Hilde VAUTMANS, Olivier CHASTEL

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2 a (new)

The EU Centre shall operate independently of Europol and other law enforcement bodies.

Amendment 1749 #

Proposal for a regulation
Article 53 – paragraph 2 a (new)

2a. Any transfer of personal data to Europol is governed by Regulation 2018/1725.

Amendment 1750 #

Proposal for a regulation
Article 53 – paragraph 3

~~3. The terms of cooperation and working arrangements shall be laid down in a memorandum of understanding.~~deleted

Amendment 1751 #

Proposal for a regulation
Article 53 – paragraph 3

3. The terms of cooperation ~~and~~shall be laid down in a working arrangements ~~shall be laid down~~, in a ~~mem~~ccordan~~dum of understanding~~ce with Article 23 (4) Regulation 2016/794.

Amendment 1752 #

Proposal for a regulation
Article 53 – paragraph 3

3. The terms of cooperation and working arrangements shall be laid down in a publically accessible memorandum of understanding.

Amendment 1753 #

Proposal for a regulation
Article 53 – paragraph 3

3. The terms of cooperation and working arrangements shall be laid down in a publically accessible memorandum of understanding.

Amendment 1754 #

Hilde VAUTMANS, Maite PAGAZAURTUNDÚA, Olivier CHASTEL, Fabienne KELLER, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 54 – title

Cooperation with ~~partner~~external organisations

Amendment 1755 #

Proposal for a regulation
Article 54 – paragraph 1

1. Where necessary for the performance of its tasks under this Regulation, the EU Centre may cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse, including civil society organisations acting in the public interest, hotlines and semi-public organisations.

Amendment 1756 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 54 – paragraph 1

Amendment 1757 #

Proposal for a regulation
Article 54 – paragraph 1

1. ~~Where necessary f~~For the performance of its tasks under this Regulation, the EU Centre ~~may~~shall cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse, including civil society organisations and semi-public organisations.

Amendment 1758 #

Proposal for a regulation
Article 54 – paragraph 1 a (new)

1a. In particular, the cooperation with the EU Centre referred to in paragraph 1 may include the following: (a) supporting the Commission in the preparation of the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11; (b) updating the databases of indicators referred to in Article 44; (c) innovating new and existing detection technologies; (d) making technologies available to providers for the execution of detection orders issued to them, in accordance with Article 50(1).

Amendment 1759 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 54 – paragraph 2

~~2. The EU Centre may conclude memoranda of understanding with organisations referred to in paragraph 1, laying down the terms of cooperation.~~deleted

Amendment 1760 #

Proposal for a regulation
Article 54 – paragraph 2

2. The EU Centre ~~may~~shall conclude ~~memoranda of understanding~~strategic and/or operational cooperation agreements with organisations referred to in paragraph 1, laying down the terms of cooperation.

Amendment 1761 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 54 – paragraph 2 a (new)

2a. The EU Centre shall cooperate with other organisations and bodies carrying out similar functions in other jurisdictions, such as the National Centre for Missing and Exploited Children (‘NCMEC’) and the Canadian Centre for Child Protection, among others, which serve the same purpose of this Regulation, as well as in order to avoid potential duplication of reporting obligations for providers.

Amendment 1762 #

Proposal for a regulation
Article 55 – paragraph 1 – introductory part

The administrative and management structure of the EU Centre shall be gender- balanced and comprise:

Amendment 1763 #

Proposal for a regulation
Article 55 – paragraph 1 – point d a (new)

(da) a Survivors Advisory Board, which shall exercise the tasks set out in Article 66a.

Amendment 1764 #

Proposal for a regulation
Article 55 – paragraph 1 – point d a (new)

(da) a Fundamental Rights Officer, which shall exercise the tasks set out in Article 66b;

Amendment 1765 #

Proposal for a regulation
Article 55 – paragraph 1 – point d b (new)

(db) an Expert's Consultative Forum, which shall exercise the tasks set out in Article 66a;

Amendment 1766 #

Proposal for a regulation
Article 56 – paragraph 1

1. The Management Board shall be composed of one representative from each Member State and ~~two~~one representatives of the Commission and one representative of the European Parliament, all as members with voting rights.

Amendment 1767 #

Proposal for a regulation
Article 56 – paragraph 1

1. The Management Board shall be gender-balanced and composed of one representative from each Member State and two representatives of the Commission, all as members with voting rights.

Amendment 1768 #

Proposal for a regulation
Article 56 – paragraph 1

1. The Management Board shall be composed of one representative from each Member State and ~~two~~one representatives of the Commission, all as members with voting rights.

Amendment 1769 #

Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 (new)

One member of the Technology Commitee and one member of the Survivors Advisory Board as established in Articles 66 and 66a may attend the meetings of the Management Board as observers.

Amendment 1770 #

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1

~~The Management Board shall also include one independent expert observer designated by the European Parliament, without the right to vote.~~deleted

Amendment 1771 #

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2

~~Europol may designate a representative to attend the meetings of the Management Board as an observer on matters involving Europol, at the request of the Chairperson of the Management Board.~~deleted

Amendment 1772 #

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2

~~Europol~~The EDPS may designate a representative to attend the meetings of the Management Board as an observer on matters ~~involving Europol, at the request of the Chairperson of the Management Board~~relating to the protection of personal data.

Amendment 1773 #

Proposal for a regulation
Article 56 – paragraph 3

3. Each member of the Management Board shall have an alternate. The alternate shall represent the member in ~~his/her~~the member’s absence.

Amendment 1774 #

Proposal for a regulation
Article 56 – paragraph 3

3. Each member of the Management Board shall have an alternate. The alternate shall represent the member in ~~his/~~their absence.

Amendment 1775 #

Proposal for a regulation
Article 56 – paragraph 4

4. Members of the Management Board and their alternates shall be appointed in the light of their knowledge in the field of combating child sexual abuse, taking into account relevant managerial, administrative and budgetary skills. Member States shall appoint a representative of their Coordinating Authority, within four months of [date of entry into force of this Regulation]. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of its work. All parties shall ~~aim to achieve a balanced representation~~ensure that gender balance between men and women is achieved on the Management Board with at least 40% of candidates of each sex.

Amendment 1776 #

Proposal for a regulation
Article 56 – paragraph 4

4. Members of the Management Board and their alternates shall be appointed in the light of their ~~knowledg~~proven expertise in the field of preventing and combating child sexual abuse and victim support, taking into account relevant managerial, administrative and budgetary skills. Member States shall appoint a representative of their Coordinating Authority, within four months of [date of entry into force of this Regulation]. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of its work. ~~All parties shall aim to achieve a balanced representation between men and women on the Management Board.~~

Amendment 1777 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 57 – paragraph 1 – point c

Amendment 1778 #

Proposal for a regulation
Article 57 – paragraph 1 – point f

(f) appoint the members of the Technology Committee, of the Children's Rights and Survivors Advisory Board and of any other advisory group it may establish;

Amendment 1779 #

Proposal for a regulation
Article 57 – paragraph 1 – point f

(f) appoint the members of the Technology Committee, the Expert's Consultative Forum and of any other advisory group it may establish;

Amendment 1780 #

Proposal for a regulation
Article 57 – paragraph 1 – point f a (new)

(fa) appoint a Data Protection Officer;

Amendment 1781 #

Proposal for a regulation
Article 57 – paragraph 1 – point f b (new)

(fb) appoint a Fundamental Rights Officer;

Amendment 1782 #

Proposal for a regulation
Article 57 – paragraph 1 – point g

~~(g) adopt the opinions on intended detection orders referred to in Article 7(4), on the basis of a draft opinion provided by the Executive Director;~~deleted

Amendment 1783 #

Proposal for a regulation
Article 57 – paragraph 1 – point h a (new)

(ha) consult the Survivors’ Advisory Board as regards the obligations referred to in points (a), and (h) of this Article.

Amendment 1784 #

Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2

The Deputy Chairperson shall automatically replace the Chairperson ~~if he/she is prevented from attending to his/her duties~~when necessary.

Amendment 1785 #

Proposal for a regulation
Article 60 – paragraph 2

2. Each member shall have one vote. In the absence of a member, ~~his/~~ther alternate member shall be entitled to exercise ~~his/~~ther right to vote.

Amendment 1786 #

Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1

The Executive Board shall be gender- balanced and composed of the Chairperson and the Deputy Chairperson of the Management Board, two other members appointed by the Management Board from among its members with the right to vote and two representatives of the Commission to the Management Board. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The composition of the Executive Board shall take into consideration gender balance with at least 40% is of each sex.

Amendment 1787 #

Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1

The Executive Board shall be composed of the Chairperson and the Deputy Chairperson of the Management Board, two other members appointed by the Management Board from among its members with the right to vote and ~~two~~one representatives of the Commission toand the ~~Management Board~~European Parliament respectively. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board.

Amendment 1788 #

Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1

The Executive Board shall be composed of the Chairperson and the Deputy Chairperson of the Management Board, two other members appointed by the Management Board from among its members with the right to vote and ~~two~~one representatives of the Commission to the Management Board. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board.

Amendment 1789 #

Proposal for a regulation
Article 62 – paragraph 2 – point j

(j) appoint an Accounting Officer, who may be the Commission's Accounting Officer, subject to the Staff Regulations and the Conditions of Employment of other servants, who shall be totally independent in the performance of ~~his/her~~the Officer’s duties;

Amendment 1790 #

Proposal for a regulation
Article 62 – paragraph 2 – point p

(p) authorise the conclusion of memoranda of understanding referred to in Article ~~53(3) and Article~~ 54(2).

Amendment 1791 #

Proposal for a regulation
Article 64 – paragraph 2

2. The Executive Director shall report to the European Parliament on the performance of ~~his/her~~the Executive Director’s duties when invited to do so. The Council may invite the Executive Director to report on the performance of ~~his/her~~the Executive Director’s duties.

Amendment 1792 #

Proposal for a regulation
Article 64 – paragraph 4 – point e a (new)

(ea) implementing gender mainstreaming and gender budgeting in all areas, including drafting a gender action plan (GAP);

Amendment 1793 #

Proposal for a regulation
Article 64 – paragraph 4 – point f

Amendment 1794 #

Proposal for a regulation
Article 64 – paragraph 4 – point g

Amendment 1795 #

Proposal for a regulation
Article 66 – paragraph 1

1. The Technology Committee shall consist of technical and data protection experts appointed by the Management Board in view of their excellence and their independence from corporate interests, following the publication of a call for expressions of interest in the Official Journal of the European Union. Its members shall be appointed for a term of four years, renewable once. On the expiry of their term of office, members shall remain in office until they are replaced or until their appointments are renewed. If a member resigns before the expiry of his or her term of office, he or she shall be replaced for the remainder of the term by a member appointed by the Management Board.

Amendment 1796 #

Proposal for a regulation
Article 66 – paragraph 1

1. The Technology Committee shall consist of technical experts appointed by the Management Board in view of their excellence, particular expertise in upholding privacy and data protection and their independence, following the publication of a call for expressions of interest in the Official Journal of the European Union.

Amendment 1797 #

Proposal for a regulation
Article 66 – paragraph 1

1. The Technology Committee shall consist of technical experts, in particular privacy and data protection experts appointed by the Management Board in view of their excellence and their independence, following the publication of a call for expressions of interest in the Official Journal of the European Union.

Amendment 1798 #

Proposal for a regulation
Article 66 – paragraph 1

1. The Technology Committee shall consist of technical, privacy and data protection experts appointed by the Management Board in view of their excellence and their independence, following the publication of a call for expressions of interest in the Official Journal of the European Union.

Amendment 1799 #

Proposal for a regulation
Article 66 – paragraph 1 a (new)

1a. The Technology Committee shall have equal representation in terms of gender.

Amendment 1800 #

Proposal for a regulation
Article 66 – paragraph 4

4. When a member no longer meets the criteria of independence, he or she shall inform the Management Board. Alternatively, the Management Board may declare, on a proposal of at least one third of its members or of the Commission, a lack of independence and revoke appointment of the person concerned. The Management Board shall appoint a new member for the remaining term of office in accordance with the procedure for ordinary members.

Amendment 1801 #

Proposal for a regulation
Article 66 – paragraph 6 – point a

~~(a) contribute to the EU Centre’s opinions referred to in Article 7(3), first subparagraph, point (d);~~deleted

Amendment 1802 #

Proposal for a regulation
Article 66 – paragraph 6 – point b

(b) contribute to the EU Centre’s assistance to the Coordinating Authorities, the Management Board, the Executive Board and the Executive Director, in respect of matters related to the use of technology and data protection;

Amendment 1803 #

Proposal for a regulation
Article 66 – paragraph 6 – point c

(c) provide internally, upon request, expertise on matters related to the use of technology and data protection for the purposes of prevention and detection of child sexual abuse online.

Amendment 1804 #

Proposal for a regulation
Article 66 – paragraph 6 a (new)

6a. (d) evaluate the effectiveness of new and existing detection technology through unknown datasets of verified indicators. (e) establish best practices on safety by design and the voluntary use of technologies, including prevention and detection technologies, as part of providers’ mitigation measures. (f) introduce a regular reviewing and reporting process to assess and share expertise on the most recent technological innovations and developments related to detection technology.

Amendment 1805 #

Paul TANG, Alex AGIUS SALIBA, Birgit SIPPEL, Theresa BIELOWSKI

Proposal for a regulation
Article 66 a (new)

Article66a Establishment and tasks of the Survivors Advisory Board 1. The Survivors’ Advisory Board shall consist of seven members who are either survivors and victims of child sexual abuse or experts on the needs of survivors and victims of child sexual abuse, and shall be appointed by the Management Board in view of their personal experience if applicable, expertise and scope of work, following the publication of a call for expressions of interest in the Official Journal of the European Union. The Survivors Advisory Board shall ensure representation of all protected characteristics. 2. Procedures concerning the appointment of the members of the Survivors’ Advisory Board and its operation shall be further specified in the rules of procedure of the Management Board and shall be made public. 3. The members of the Survivors’ Advisory Board shall act in the interest of child sexual abuse victims. The EU Agency shall publish the list of members of the Survivors’ Advisory Board on its website and keep it up to date. 4. If a member no longer meets the criterion of independence, he or she shall inform the Management Board. The Management Board may, on the proposal of at least one third of its members or of the Commission, determine a lack of independence and revoke the appointment of the person concerned. The Management Board shall appoint a new member for the remaining term of office in accordance with the procedure applicable to ordinary members. If a member resigns before the expiry of his or her term of office, he or she shall be replaced for the remaining term of office in accordance with the procedure applicable to ordinary members. 5. The term of office of the members of the Survivors’ Advisory Board shall be four years. It may be renewed once. 6. The Executive Director and the Management Board shall consult the Survivors Advisory Board on any matter relating to victims rights and preventing and combating child sexual abuse, and they shall give a structural consult at least twice a year. 7. The Survivors’ Advisory Board shall have the following tasks: (a) ensure visibility of the interests and needs of survivors and victims of child sexual abuse; (b) advise the Management Board on matters set out in Article 57 point (h a); (c) advise the Executive Director and the Management Board as set out in paragraph 6 of this Article; (d) contribute experience and expertise in preventing and combating child sexual abuse and victim support and assistance; (e) serve as a platform to exchange and connect for survivors of child sexual abuse; (f) provide an annual activity report to the Executive Director as part of the Consolidated Annual Activity Report.

Amendment 1806 #

Proposal for a regulation
Article 66 a (new)

Article66a Establishment and tasks of the Expert's Consultative Forum 1. The EU Centre shall establish a Consultative Forum to assist it by providing it with independent advice on survivors related matters. The Consultative Forum shall act upon request of the Management Board or the Executive Director. 2. The Consultative Forum shall consist of a maximum of fifteen members. Members of the Consultative Forum shall, in an equal matter, be appointed from child survivors and parents of child survivors, as well as representatives of organizations acting in the public interest, including: (a) organizations representing or promoting rights of the LGBTQIA+ community, specifically minors; (b) organizations representing or promoting children's rights; (b) organizations representing or promoting child survivors rights; (c) organizations representing or promoting digital rights They shall be appointed by the Management Board following the publication of a call for expression of interest in the Official Journal of the European Union. 3. The mandate of members of the Consultative Forum shall be of four years. Those mandates shall be renewable once. 4. The Consultative Forum shall: a) provide the Management Board and the Executive Director with advice on matters related to survivors; b) provide the Management Board, the Executive Director and the Technology Committee with advice on preventive measures for relevant information society services; c) contribute to the EU Centre communication strategy referred to in Article 50(5); d) provide its opinion on the proportionality of technologies used to detect known child sexual abuse; e) maintain an open dialogue with the Management Board and the Executive Director on all matters related to survivors, particularly on the protection of survivors’ rights and digital rights.

Amendment 1807 #

Paul TANG, Alex AGIUS SALIBA, Birgit SIPPEL, Theresa BIELOWSKI

Proposal for a regulation
Chapter IV – Section 5 – Part 3 a (new)

3a Part 3 a (new): Fundamental Rights Protection Article 66b Fundamental rights officer 1. A fundamental rights officer shall be appointed by the management board on the basis of a list of three candidates, after consultation with the Expert's Consultative Forum. The fundamental rights officer shall have the necessary qualifications, expert knowledge and professional experience in the field of fundamental rights. 2. The fundamental rights officer shall perform the following tasks: (a) contributing to the Centre's fundamental rights strategy and the corresponding action plan, including by issuing recommendations for improving them; (b) monitoring the Centre's compliance with fundamental rights, including by conducting investigations into any of its activities; (c) promoting the Centre's respect of fundamental rights; (d) advising the Centre where he or she deems it necessary or where requested on any activity of the Centre without dagelaying those activities; (e) providing opinions on working arrangements; (f) providing the secretariat of the consultative forum; (g) informing the management board and executive director about possible violations of fundamental rights during activities of the Centre; (h) performing any other tasks, where provided for by this Regulation. 3. The Management Board shall lay down special rules applicable to the fundamental rights officer in order to guarantee that the fundamental rights officer and his or her staff are independent in the performance of their duties. The fundamental rights officer shall report directly to the Management Board and shall cooperate with the Technology Committee. The management board shall ensure that action is taken with regard to recommendations of the fundamental rights officer. In addition, the fundamental rights officer shall publish annual reports on his or her activities and on the extent to which the activities of the Centre respect fundamental rights. Those reports shall include information on the complaints mechanism and the implementation of the fundamental rights strategy. 4. The Centre shall ensure that the fundamental rights officer is able to act autonomously and is able to be independent in the conduct of his or her duties. The fundamental rights officer shall have sufficient and adequate human and financial resources at his or her disposal necessary for the fulfilment of his or her tasks. The fundamental rights officer shall select his or her staff, and that staff shall only report to him or her. 5. The fundamental rights officer shall be assisted by a deputy fundamental rights officer. The deputy fundamental rights officer shall be appointed by the management board from a list of at least three candidates presented by the fundamental rights officer. The deputy fundamental rights officer shall have the necessary qualifications and experience in the field of fundamental rights and shall be independent in the conduct of his or her duties. If the fundamental rights officer is absent or indisposed, the deputy fundamental rights officer shall assume the fundamental rights officer's duties and responsibilities. 6. The fundamental rights officer shall have access to all information concerning respect for fundamental rights in all the activities of the Centre. Article 66c Complaints mechanism 1. The Centre shall, in cooperation with the fundamental rights officer, take the necessary measures to set up and further develop an independent and effective complaints mechanism in accordance with this Article to monitor and ensure respect for fundamental rights in all the activities of the Centre. 2. Any person who is directly affected by the actions or failure to act on the part of staff involved in a joint operation, pilot project, or an operational activity of the Centre, and who considers himself or herself to have been the subject of a breach of his or her fundamental rights due to those actions or that failure to act, or any party representing such a person, may submit a complaint in writing to the Centre. 3. The fundamental rights officer shall be responsible for handling complaints received by the Centre in accordance with the right to good administration. For that purpose, the fundamental rights officer shall review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the executive director and forward complaints concerning members of the teams to the relevant authority or body competent for fundamental rights for further action in accordance with their mandate. The fundamental rights officer shall also register and ensure the follow-up by the Centre or that authority or body. 4. In accordance with the right to good administration, if a complaint is admissible, complainants shall be informed that the complaint has been registered, that an assessment has been initiated and that a response may be expected as soon as it becomes available. If a complaint is forwarded to national authorities or bodies, the complainant shall be provided with their contact details. If a complaint is declared inadmissible, the complainant shall be informed of the reasons and, if possible, provided with further options for addressing their concerns. The Centre shall provide for an appropriate procedure in cases where a complaint is declared inadmissible or unfounded. Any decision shall be in written form and reasoned. The fundamental rights officer shall reassess the complaint if the complainant submits new evidence in situations where the complaint has been declared inadmissible or unfounded. 5. In the case of a registered complaint concerning a staff member of the Centre, the fundamental rights officer shall recommend appropriate follow-up, including disciplinary measures, to the executive director and, where appropriate, referral for the initiation of civil or criminal justice proceedings in accordance with this Regulation and national law. The executive director shall ensure the appropriate follow-up and shall report back to the fundamental rights officer within a determined timeframe and, if necessary, at regular intervals thereafter, as to the findings, the implementation of disciplinary measures, and follow-up by the Centre in response to a complaint. If a complaint is related to data protection issues, the executive director shall consult the data protection officer of the Centre before taking a decision on the complaint. The fundamental rights officer and the data protection officer shall establish, in writing, a memorandum of understanding specifying their division of tasks and cooperation as regards complaints received. 6. The fundamental rights officer shall include information on the complaints mechanism in his or her annual report, as referred to in Article 66a, including specific references to the Centre's findings and the follow-up to complaints. 7. The fundamental rights officer shall, in accordance with paragraphs 1 to 9 and after consulting the experts council, draw up a standardised complaint form requiring detailed and specific information concerning the alleged breach of fundamental rights. The fundamental rights officer shall also draw up any further detailed rules as necessary. The fundamental rights officer shall submit that form and such further detailed rules to the executive director and to the management board. The Centre shall ensure that information about the possibility and procedure for making a complaint is readily available, including for vulnerable persons. The standardised complaint form shall be made available on the Centre's website and in hardcopy during all activities of the Centre in languages that third-country nationals understand or are reasonably believed to understand. The standardised complaint form shall be easily accessible, including on mobile devices. The Centre shall ensure that further guidance and assistance on the complaints procedure is provided to complainants. Complaints shall be considered by the fundamental rights officer even when they have not been submitted in the standardised complaint form. 8. Any personal data contained in a complaint shall be handled and processed by the Centre, including the fundamental rights officer, in accordance with Regulation (EU) 2018/1725. Where a complainant submits a complaint, that complainant shall be understood to consent to the processing of his or her personal data by the Centre and the fundamental rights officer within the meaning of point (d) of Article 5(1) of Regulation (EU) 2018/1725. In order to safeguard the interests of the complainants, complaints shall be dealt with confidentially by the fundamental rights officer in accordance with national and Union law unless the complainant explicitly waives his or her right to confidentiality. When complainants waive their right to confidentiality, it shall be understood that they consent to the fundamental rights officer or the Centre disclosing their identity to the competent authorities or bodies in relation to the matter under complaint, where necessary.

Amendment 1808 #

Proposal for a regulation
Article 83 – paragraph 1 – introductory part

1. Providers of hosting services, providers of number independent interpersonal communications services and providers of internet access services shall collect data on the following topics and make that information available to the EU Centre upon request:

Amendment 1809 #

Proposal for a regulation
Article 83 – paragraph 1 – introductory part

1. Providers of hosting services, providers of number-independent interpersonal communications services and providers of internet access services shall collect data on the following topics and make that information available to the EU Centre upon request:

Amendment 1810 #

Proposal for a regulation
Article 83 – paragraph 1 – introductory part

1. Providers of hosting services, and providers of number-independent interpersonal communications services ~~and providers of internet access services~~ shall collect data on the following topics and make that information ~~available to the EU Centre upon request~~public:

Amendment 1811 #

Proposal for a regulation
Article 83 – paragraph 1 – introductory part

1. Providers of hosting services, providers of interpersonal communications services ~~and providers of internet access services~~ shall collect data on the following topics and make that information available to the EU Centre upon request:

Amendment 1812 #

Proposal for a regulation
Article 83 – paragraph 1 – point a

(a) where the provider has been subject to a detection order issued in accordance with Article 7: — the measures taken to comply with the order, including the technologies used for that purpose and the safeguards provided; — the error rates of the technologies deployed to detect online child sexual abuse and measures taken to prevent or remedy any errors; — in relation to complaints and cases submitted by users in connection to the measures taken to comply with the order, the number of complaints submitted directly to the provider, the number of cases brought before a judicial authority, the basis for those complaints and cases, the decisions taken in respect of those complaints and in those cases, the average time needed for taking those decisions and the number of instances where those decisions were subsequently reversed;deleted

Amendment 1813 #

Proposal for a regulation
Article 83 – paragraph 1 – point a – indent 1

– the measures taken to comply with the order~~, including the technologies used for that purpose and the safeguards provided~~;

Amendment 1814 #

Proposal for a regulation
Article 83 – paragraph 1 – point a – indent 2

– the ~~error~~false positives and false negative rates of the technologies deployed to detect online child sexual abuse and ~~measure~~steps taken to ~~prevent or remedy any errors~~mitigate the harm caused by any inaccuracy;

Amendment 1815 #

Proposal for a regulation
Article 83 – paragraph 1 – point a – indent 2

– the error rates of the technologies deployed to detect ~~online~~ child sexual abuse and measures taken to prevent or remedy any errors;

Amendment 1816 #

Proposal for a regulation
Article 83 – paragraph 1 – point a – indent 2 a (new)

- including the rates of false positives and negatives, and confirmed positives and negatives

Amendment 1817 #

Proposal for a regulation
Article 83 – paragraph 1 – point b

(b) the number of removal orders issued to the provider in accordance with Article 14 and the average time ~~needed~~ for removing or disabling access to the item or items of child sexual abuse material in question, counting from the moment the order entered the provider’s system;

Amendment 1818 #

Proposal for a regulation
Article 83 – paragraph 1 – point b

(b) the number of removal orders issued to the provider in accordance with Article 14 and the average time needed for removing ~~or disabling access to~~ the item or items of child sexual abuse material in question;

Amendment 1819 #

Proposal for a regulation
Article 83 – paragraph 1 – point b a (new)

(ba) the number and duration of delays to removals as a result of requests from competent authorities or law enforcement authorities;

Amendment 1820 #

Proposal for a regulation
Article 83 – paragraph 1 – point c

(c) the total number of items of child sexual abuse material that the provider removed or to which it disabled access, broken down by whether the items were removed or access thereto was disabled pursuant to a removal order or to a notice submitted by a Judicial Authority, Competent Authority, the EU Centre ~~or a third party~~, a national hotline, a trusted flagger, or a private individual or at the provider’s own initiative;

Amendment 1821 #

Proposal for a regulation
Article 83 – paragraph 1 – point c

(c) the total number of items of child sexual abuse material that the provider removed ~~or to which it disabled access~~, broken down by whether the items were removed ~~or access thereto was disabled~~ pursuant to a removal order or to a notice submitted by a Competent Authority, the EU Centre or a third party or at the provider’s own initiative;

Amendment 1822 #

Proposal for a regulation
Article 83 – paragraph 1 – point c a (new)

(ca) the number of instances that the provider was asked to provide additional support to law enforcement authorities in relation to content that was removed;

Amendment 1823 #

Proposal for a regulation
Article 83 – paragraph 1 – point d

~~(d) the number of blocking orders issued to the provider in accordance with Article 16;~~deleted

Amendment 1824 #

Proposal for a regulation
Article 83 – paragraph 1 – point d

~~(d) the number of blocking orders issued to the provider in accordance with Article 16;~~deleted

Amendment 1825 #

Proposal for a regulation
Article 83 – paragraph 1 – point d

~~(d) the number of blocking orders issued to the provider in accordance with Article 16;~~deleted

Amendment 1826 #

Proposal for a regulation
Article 83 – paragraph 1 – point e

(e) the number of instances in which the provider invoked Article ~~8(3), Article 14(5) or (6) or Article 17(5),~~14(5) or (6) together with the grounds therefor;

Amendment 1827 #

Proposal for a regulation
Article 83 – paragraph 1 – point e

(e) the number of instances in which the provider invoked Article 8(3), Article 14(5) or (6) ~~or Article 17(5)~~, together with the grounds therefor;

Amendment 1828 #

Lucia ĎURIŠ NICHOLSONOVÁ, Fabienne KELLER, Jana TOOM

Proposal for a regulation
Article 83 – paragraph 1 – point e

(e) the number of instances in which the provider invoked Article 8(3), Article 14(5) or (6) ~~or Article 17(5)~~, together with the grounds therefor;

Amendment 1829 #

Proposal for a regulation
Article 83 – paragraph 1 – point e a (new)

(ea) Educational and awareness- raising campaigns aimed at informing and alerting users about the risks of online child sexual abuse, where possible, including the impact, outreach and effectiveness of the activities carried out on the targeted audience, disaggregated into different categories based on demographics

Amendment 1830 #

Proposal for a regulation
Article 83 – paragraph 1 – point e b (new)

(eb) Measures put in place by the providers to prevent online child sexual abuse, such as technological systems and processes, where possible, including the impact, outreach and effectiveness of the activities carried out on the targeted audience.

Amendment 1831 #

Proposal for a regulation
Article 83 – paragraph 2 – introductory part

2. The Coordinating Authorities shall collect data on the following topics and make that information ~~available to the EU Centre upon request~~publicly available, redacting operationally sensitive data as appropriate and proving an unredacted version to the EU Centre:

Amendment 1832 #

Proposal for a regulation
Article 83 – paragraph 2 – point a – indent -1 (new)

-1 the nature of the report and its key characteristics such as if the security of the hosting service was allegedly breached;

Amendment 1833 #

Proposal for a regulation
Article 83 – paragraph 2 – point a – indent 2

– where the report led to the launch of a criminal investigation or contributed to an ongoing investigation, the state of play or outcome of the investigation, including whether the case was closed at pre-trial stage, whether the case led to the imposition of penalties, whether ~~victim~~survivors were identified and rescued and if so their numbers differentiating by gender and age, and whether any suspects were arrested and any perpetrators were convicted and if so their numbers;

Amendment 1834 #

Proposal for a regulation
Article 83 – paragraph 2 – point b

(b) the most important and recurrent risks of online child sexual abuse, as reported by providers of hosting services and providers of interpersonal communications services in accordance with Article 3 or identified through other information available to the Coordinating Authority;deleted

Amendment 1835 #

Proposal for a regulation
Article 83 – paragraph 2 – point b

(b) the most important and recurrent ~~risk~~types and characteristics of online child sexual abuse encountered, as reported by providers of hosting services and providers of number-independent interpersonal communications services in accordance with Article 3 or identified through other information available to the Coordinating Authority;

Amendment 1836 #

Proposal for a regulation
Article 83 – paragraph 2 – point b

(b) the most important and recurrent risks of online child sexual abuse, as reported by providers of hosting services and providers of number independent interpersonal communications services in accordance with Article 3 or identified through other information available to the Coordinating Authority;

Amendment 1837 #

Proposal for a regulation
Article 83 – paragraph 2 – point b

(b) the most important and recurrent risks of online child sexual abuse, as reported by providers of hosting services and providers of number-independent interpersonal communications services in accordance with Article 3 or identified through other information available to the Coordinating Authority;

Amendment 1838 #

Proposal for a regulation
Article 83 – paragraph 2 – point c

~~(c) a list of the providers of hosting services and providers of interpersonal communications services to which the Coordinating Authority addressed a detection order in accordance with Article 7;~~deleted

Amendment 1839 #

Proposal for a regulation
Article 83 – paragraph 2 – point c

(c) a list of the providers of hosting services and providers of number- independent interpersonal communications services to which the Coordinating Authority addressed a ~~detec~~n investigation order in accordance with Article 7;

Amendment 1840 #

Proposal for a regulation
Article 83 – paragraph 2 – point c

(c) a list of the providers of hosting services and providers of number- independent interpersonal communications services to which the Coordinating Authority addressed a detection order in accordance with Article 7;

Amendment 1841 #

Proposal for a regulation
Article 83 – paragraph 2 – point c

(c) a list of the providers of hosting services and providers of number independent interpersonal communications services to which the Coordinating Authority addressed a detection order in accordance with Article 7;

Amendment 1842 #

Proposal for a regulation
Article 83 – paragraph 2 – point d

(d) the number of detection orders issued in accordance with Article 7, broken down by provider and by type of online child sexual abuse, and the number of instances in which the provider invoked Article 8(3);deleted

Amendment 1843 #

Proposal for a regulation
Article 83 – paragraph 2 – point f

(f) the number of removal orders issued in accordance with Article 14, broken down by provider, the time needed to remove or disable access to the item or items of child sexual abuse material concerned, including the time it took the Coordinating Authority to process the order, and the number of instances in which the provider invoked Article 14(5) and (6);

Amendment 1844 #

Proposal for a regulation
Article 83 – paragraph 2 – point f

(f) the number of removal orders issued in accordance with Article 14, broken down by provider, the time needed to remove ~~or disable access to~~ the item or items of child sexual abuse material concerned, and the number of instances in which the provider invoked Article 14(5) and (6);

Amendment 1845 #

Proposal for a regulation
Article 83 – paragraph 2 – point f

Amendment 1846 #

Proposal for a regulation
Article 83 – paragraph 2 – point g

~~(g) the number of blocking orders issued in accordance with Article 16, broken down by provider, and the number of instances in which the provider invoked Article 17(5);~~deleted

Amendment 1847 #

Proposal for a regulation
Article 83 – paragraph 2 – point g

~~(g) the number of blocking orders issued in accordance with Article 16, broken down by provider, and the number of instances in which the provider invoked Article 17(5);~~deleted

Amendment 1848 #

Proposal for a regulation
Article 83 – paragraph 2 – point g

~~(g) the number of blocking orders issued in accordance with Article 16, broken down by provider, and the number of instances in which the provider invoked Article 17(5);~~deleted

Amendment 1849 #

Proposal for a regulation
Article 83 – paragraph 2 – point i

(i) the instances in which the opinion of the EU Centre pursuant to Article 7(4)(d) substantially deviated from the opinion of the Coordinating Authority, specifying the points at which it deviated and the main reasons for the deviation.deleted

Amendment 1850 #

Proposal for a regulation
Article 83 – paragraph 2 – point i a (new)

(ia) the measures taken regarding prevention and victim assistance programmes, including the number of children in primary education who are taking part in awareness raising campaigns and through education programmes about the risks of all forms of sexual exploitation of children, including in the online environment.

Amendment 1851 #

Proposal for a regulation
Article 83 – paragraph 3 – introductory part

3. The EU Centre shall collect data and generate statistics on the ~~detection,~~ reporting, and removal of ~~or disabling of access to~~ online child sexual abuse under this Regulation. The data shall be in particular on the following topics:

Amendment 1852 #

Proposal for a regulation
Article 83 – paragraph 3 – introductory part

3. The EU Centre shall collect data and generate statistics on the detection, reporting, removal of or disabling of access to online child sexual abuse under this Regulation. The data shall ~~be in particular on the following topics~~include:

Amendment 1853 #

Proposal for a regulation
Article 83 – paragraph 3 – introductory part

3. The EU Centre shall collect data and generate statistics on the detection, reporting, removal of ~~or disabling of access to~~ online child sexual abuse under this Regulation. The data shall be in particular on the following topics:

Amendment 1854 #

Proposal for a regulation
Article 83 – paragraph 3 – point a

~~(a) the number of indicators in the databases of indicators referred to in Article 44 and the development of that number as compared to previous years;~~deleted

Amendment 1855 #

Proposal for a regulation
Article 83 – paragraph 3 – point a

(a) the number of indicators in the databases of indicators referred to in Article 44 and the ~~development~~change of that number as compared to previous years;

Amendment 1856 #

Proposal for a regulation
Article 83 – paragraph 3 – point b

(b) the number of submissions of child sexual abuse material ~~and solicitation of children~~ referred to in Article 36(1), broken down by Member State that designated the submitting Coordinating Authorities, and, in the case of child sexual abuse material, the number of indicators generated on the basis thereof and the number of uniform resource locators included in the list of uniform resource locators in accordance with Article 44(3);

Amendment 1857 #

Proposal for a regulation
Article 83 – paragraph 3 – point b

(b) the number of submissions of child sexual abuse material ~~and solicitation of children~~ referred to in Article 36(1), broken down by Member State that designated the submitting Coordinating Authorities, and, in the case of child sexual abuse material, the number of indicators generated on the basis thereof ~~and the number of uniform resource locators included in the list of uniform resource locators in accordance with Article 44(3~~);

Amendment 1858 #

Proposal for a regulation
Article 83 – paragraph 3 – point c

(c) the total number of reports submitted to the EU Centre in accordance with Article 12, broken down by provider of hosting services and provider of number-independent interpersonal communications services that submitted the report and by Member State the competent authority of which the EU Centre forwarded the reports to in accordance with Article 48(3);

Amendment 1859 #

Proposal for a regulation
Article 83 – paragraph 3 – point c

Amendment 1860 #

Proposal for a regulation
Article 83 – paragraph 3 – point c

(c) the total number of reports submitted to the EU Centre in accordance with Article 12, broken down by provider of hosting services and provider of number independent interpersonal communications services that submitted the report and by Member State the competent authority of which the EU Centre forwarded the reports to in accordance with Article 48(3);

Amendment 1861 #

Proposal for a regulation
Article 83 – paragraph 3 – point c a (new)

(ca) the total number of reports forwarded to Europol in accordance with Article 48, as well as the number of access requests received from Europol under Article 46(4) and 46(5), including the number of those requests granted and refused by the EU Centre.

Amendment 1862 #

Proposal for a regulation
Article 83 – paragraph 3 – point d

(d) the online child sexual abuse to which the reports relate, including the number of items of potential ~~known and new child~~ sexual abuse material ~~and instances of potential solicitation of children,~~ the Member State the competent authority of which the EU Centre forwarded the reports to in accordance with Article 48(3), and type of relevant information society service that the reporting provider offers;

Amendment 1863 #

Proposal for a regulation
Article 83 – paragraph 3 – point d

(d) the online child sexual abuse to which the reports relate, including the number of items of potential known ~~and new~~ child sexual abuse material ~~and instances of potential solicitation of children~~, the Member State the competent authority of which the EU Centre forwarded the reports to in accordance with Article 48(3), and type of relevant information society service that the reporting provider offers;

Amendment 1864 #

Proposal for a regulation
Article 83 – paragraph 3 – point e

(e) the number of reports that the EU Centre considered unfounded or manifestly unfounded, as referred to in Article 48(2);

Amendment 1865 #

Proposal for a regulation
Article 83 – paragraph 3 – point f

(f) the number of reports relating to potential new child sexual abuse material and solicitation of children that were assessed as not constituting child sexual abuse material of which the EU Centre was informed pursuant to Article 36(3), broken down by Member State;deleted

Amendment 1866 #

Proposal for a regulation
Article 83 – paragraph 3 – point f

(f) the number of reports relating to potential ~~new~~unknown child sexual abuse material and solicitation of children that were assessed as not constituting child sexual abuse material of which the EU Centre was informed pursuant to Article 36(3), broken down by Member State;

Amendment 1867 #

Proposal for a regulation
Article 83 – paragraph 3 – point g

~~(g) the results of the searches in accordance with Article 49(1), including the number of images, videos and URLs by Member State where the material is hosted;~~deleted

Amendment 1868 #

Proposal for a regulation
Article 83 – paragraph 3 – point h

Amendment 1869 #

Proposal for a regulation
Article 83 – paragraph 3 – point j

(j) the number of victims of online child sexual abuse assisted by the EU Centre pursuant to Article 21(2), and the number of these victims that requested to receive such assistance in a manner accessible to them due to disabilities.

Amendment 1870 #

Proposal for a regulation
Article 83 – paragraph 3 – point j

(j) number of ~~victim~~survivors of online child sexual abuse assisted by the EU Centre pursuant to Article 21(2), and the number of these ~~victim~~survivors that requested to receive such assistance in a manner accessible to them due to disabilities.

Amendment 1871 #

Proposal for a regulation
Article 83 – paragraph 3 – point j a (new)

(ja) the measures taken by Member States regarding prevention, awareness raising, and victim assistance programmes, including the impact, outreach and effectiveness of the activities carried out on the targeted audience, where possible, disaggregated into different categories based on demographics and including best practices and lessons learned of prevention programmes.

Amendment 1872 #

Proposal for a regulation
Article 83 – paragraph 4

4. The providers of hosting services, and providers of number-independent interpersonal communications ~~services and providers of internet access~~ services, the Coordinating Authorities and the EU Centre shall ensure that the data ~~referred to in~~stored pursuant to paragraphs 1, 2 and 3, respectively, ~~is stored no longer than is necessary for the transparency reporting referred to in Article 84. The data stored~~ shall not contain any personal data.

Amendment 1873 #

Proposal for a regulation
Article 83 – paragraph 4

4. The providers of hosting services, providers of number-independent interpersonal communications services and providers of internet access services, the Coordinating Authorities and the EU Centre shall ensure that the data referred to in paragraphs 1, 2 and 3, respectively, is stored no longer than is necessary for the transparency reporting referred to in Article 84. The data stored shall not contain any personal data.

Amendment 1874 #

Proposal for a regulation
Article 83 – paragraph 4

4. The providers of hosting services, providers of number independent interpersonal communications services and providers of internet access services, the Coordinating Authorities and the EU Centre shall ensure that the data referred to in paragraphs 1, 2 and 3, respectively, is stored no longer than is necessary for the transparency reporting referred to in Article 84. The data stored shall not contain any personal data.

Amendment 1875 #

Proposal for a regulation
Article 83 – paragraph 4

4. The providers of hosting services, and providers of interpersonal communications services ~~and providers of internet access service~~s, the Coordinating Authorities and the EU Centre shall ensure that the data referred to in paragraphs 1, 2 and 3, respectively, is stored no longer than is necessary for the transparency reporting referred to in Article 84. The data stored shall not contain any personal data.

Amendment 1876 #

Proposal for a regulation
Article 83 – paragraph 5

Amendment 1877 #

Proposal for a regulation
Article 84 – paragraph 1

1. Each provider of relevant information society services shall draw up an annual report on its activities under this Regulation. That report shall compile the information referred to in Article 83(1). The providers shall, by 31 January of every year subsequent to the year to which the report relates, make the report available to the public in a machine-readable format and communicate it to the Coordinating Authority of establishment, the Commission and the EU Centre.

Amendment 1878 #

Proposal for a regulation
Article 84 – paragraph 1

1. Each provider of relevant information society services shall draw up an annual report on its activities under this Regulation. That report shall compile the information referred to in Article 83(1). The providers shall, by 31 ~~January~~March of every year subsequent to the year to which the report relates, make the report available to the public and communicate it to the Coordinating Authority of establishment, the Commission and the EU Centre.

Amendment 1879 #

Proposal for a regulation
Article 84 – paragraph 1 a (new)

1a. The annual report shall also include the following information: (a) the number and subject matter of detection orders and removal orders to act against alleged online child sexual abuse and the number of notifications received in accordance with Article 32 and the effects given to those orders; (b) the number of notifications and requests received pursuant to Articles 8a and 35a and an overview of their follow- up; (c) information on the effectiveness of the different technologies used and on the false positive and false negative rates of those technologies, as well as statistics on appeals and the effect they have on the users of its services and information of the effectiveness of the measures and obligations under Articles 3, 4, 5 and 7. (d) information on the tools used by the provider to become aware of the reported online child sexual abuse, including data and aggregate statistics on how technologies used by the provider work.

Amendment 1880 #

Proposal for a regulation
Article 84 – paragraph 5

5. The annual transparency reports referred to in paragraphs 1, 2 and 3 shall not include any information that may prejudice ongoing activities for the assistance to ~~victim~~survivors or the prevention, detection, investigation or prosecution of child sexual abuse offences. They shall also not contain any personal data.

Amendment 1881 #

Proposal for a regulation
Article 85 – paragraph 1

1. By [~~five~~two years after the entry into force of this Regulation], and every ~~five~~two years thereafter, the Commission shall evaluate this Regulation and submit a report on its application to the European Parliament and the Council.

Amendment 1882 #

Proposal for a regulation
Article 85 – paragraph 2

2. By [~~five~~two years after the entry into force of this Regulation], and every ~~five~~two years thereafter, the Commission shall ensure that an evaluation in accordance with Commission guidelines of the EU Centre’s performance in relation to its objectives, mandate, tasks and governance and location is carried out. The evaluation shall, in particular, address the ~~possible need to modify the tasks of the EU Centre, and the financial implications of any such modification~~impact on fundamental rights, in particular Article 7 and 8 of the Charter.

Amendment 1883 #

Proposal for a regulation
Article 86 – paragraph 2

2. The power to adopt delegated acts referred to in Articles 3, 8, 13, 14, 17, 47 and 84 shall be conferred on the Commission for a~~n indeterminate period of time from [date of adoption of the Regulation]~~ period of 5 years from [date of adoption of the Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.

Amendment 1884 #

Proposal for a regulation
Article 89 – paragraph 2

It shall apply from 618 months after its entry into force.

Amendment 1885 #

Proposal for a regulation
Article 89 – paragraph 3

This Regulation shall be binding in its entirety and directly applicable in all Member States. As from August 2024, if there is no entry into force of the proposed regulation, the regime in place shall be the one of the interim derogation, until such adoption is envisaged but no later than January 2025.

Amendment 1886 #

Proposal for a regulation
Annex I

~~[...]~~deleted

Amendment 1887 #

Proposal for a regulation
Annex I – title

DETECTION ~~ORDER~~WARRANT ISSUED IN ACCORDANCE WITH REGULATION (EU) …/… LAYING DOWN RULES TO PREVENT AND COMBAT CHILD SEXUAL ABUSE (‘THE REGULATION’)

Amendment 1888 #

Proposal for a regulation
Annex I – title

DETECTION ~~ORDER~~WARRANT ISSUED IN ACCORDANCE WITH REGULATION (EU) …/… LAYING DOWN RULES TO PREVENT AND COMBAT CHILD SEXUAL ABUSE (‘THE REGULATION’)

Amendment 1889 #

Proposal for a regulation
Annex I – Section 1 – paragraph 2 – introductory part

Name of the competent judicial authority ~~or the independent administrative authority~~ having issued the detection ~~order~~warrant:

Amendment 1890 #

Proposal for a regulation
Annex I – Section 4 – paragraph 2 – point 2

~~2. The dissemination of new child sexual abuse material as defined in Article 2, letter (n), of the Regulation~~deleted

Amendment 1891 #

Proposal for a regulation
Annex I – Section 4 – paragraph 2 – point 2

~~2. The dissemination of new child sexual abuse material as defined in Article 2, letter (n), of the Regulation~~deleted

Amendment 1892 #

Proposal for a regulation
Annex I – Section 4 – paragraph 2 – point 3

~~3. The solicitation of children as defined in Article 2, letter (o), of the Regulation~~deleted

Amendment 1893 #

Proposal for a regulation
Annex I – Section 4 – paragraph 2 – point 3

~~3. The solicitation of children as defined in Article 2, letter (o), of the Regulation~~deleted

Amendment 1894 #

Proposal for a regulation
Annex I – Section 4 – paragraph 3

Where the detection order concerns the solicitation of children, in accordance with Article 7(7), last subparagraph, of the Regulation, the detection order applies only to publicly available number independent interpersonal communications where one of the users is a child user, as defined in Article 2, point (i), of the Regulation.

Amendment 1895 #

Proposal for a regulation
Annex II – title

TEMPLATE FOR INFORMATION ABOUT THE IMPOSSIBILITY TO EXECUTE THE DETECTION ~~ORDER~~WARRANT referred to in Article 8(3) of Regulation (EU) .../… [laying down rules to prevent and combat child sexual abuse]

Amendment 1896 #

Proposal for a regulation
Annex II – title

Amendment 1897 #

Proposal for a regulation
Annex III – Section 2 – point 2 – point 2

~~2. New child sexual abuse material, as defined in Article 2, letter (n), of the Regulation~~deleted

Amendment 1898 #

Proposal for a regulation
Annex III – Section 2 – point 2 – point 2

~~2. New child sexual abuse material, as defined in Article 2, letter (n), of the Regulation~~deleted

Amendment 1899 #

~~3. Solicitation of children, as defined in Article 2, letter (o), of the Regulation~~deleted

Amendment 1900 #

Proposal for a regulation
Annex III – Section 2 – point 2 – point 3

~~3. Solicitation of children, as defined in Article 2, letter (o), of the Regulation~~deleted

Amendment 1901 #

Proposal for a regulation
Annex III – Section 2 – point 3 – introductory part

3) CRelevant content data related to the reported potential online child sexual abuse~~, including images, videos and texts, as applicable:~~

Amendment 1902 #

Proposal for a regulation
Annex III – Section 2 – point 3 – introductory part

3) Content data related to the reported potential online child sexual abuse, including images, and videos ~~and texts~~, as applicable:

Amendment 1903 #

Proposal for a regulation
Annex III – Section 2 – point 4

~~4) Other available data related to the reported potential online child sexual abuse, including metadata related to media files (date, time, time zone): (Text – attach data as necessary)~~deleted

Amendment 1904 #

~~4) Other available data related to the reported potential online child sexual abuse, including metadata related to media files (date, time, time zone): (Text – attach data as necessary)~~deleted

Amendment 1905 #

Proposal for a regulation
Annex III – Section 2 – point 4

~~4) Other available data related to the reported potential online child sexual abuse, including metadata related to media files (date, time, time zone): (Text – attach data as necessary)~~deleted

Amendment 1906 #

Proposal for a regulation
Annex VII

BLOCKING ORDER ISSUED IN ACCORDANCE WITH REGULATION (EU) …/… LAYING DOWN RULES TO PREVENT AND COMBAT CHILD SEXUAL ABUSE (‘THE REGULATION’) 1 Name of the Coordinating Authority having requested the issuance of the blocking order: (Text) Name of the competent judicial authority or the independent administrative authority having issued the blocking order: (Text) Reference of the blocking order: (Text) 2 Name of the provider and, where applicable, of its legal representative: (Text) Contact point: (Text) 3 The provider is to take the necessary measures to prevent users in the Union from having access to the known child sexual abuse material indicated by the following URLs: (Text) The blocking order applies to the following service provided by the provider in the Union: (Text) When executing the blocking order, the provider is to respect the following limits and/or to provide for the following safeguards, as referred to in Article 16(5) of the Regulation: (Text) 4 The reasons for issuing the blocking order are as follows: (Sufficiently detailed statement of reasons for issuing the blocking order) The blocking order applies from … (date) to ……. (date) The following reporting requirements apply, in accordance with Article 18(6) of the Regulation: (Text) 5 Contact details of the Coordinating Authority having requested the issuance of the order for feedback on the execution of the blocking order or further clarification, including the communications referred to in Article 17(5) of the Regulation: (Text) 6 Competent court before which the blocking order can be challenged, in accordance with Article 18(1) of the Regulation: (Text) Time periods for challenging the blocking order (days/months starting from): (Text) References or links to provisions of national law regarding redress: (Text) Where relevant, additional information regarding redress: (Text) A lack of compliance with this blocking order may result in penalties pursuant to Article 35 of the Regulation. 7 Date of issuance of the blocking order: (Text) Time stamp: (Text) Electronic signature of the competent judicial authority or independent administrative authority having issued the blocking order: (Text)deleted

Amendment 1907 #

Proposal for a regulation
Annex VII

Amendment 1908 #

Proposal for a regulation
Annex VIII

referred to in Article 17(5) of Regulation (EU) .../… [laying down rules to prevent and combat child sexual abuse] 1 Name of the provider and, where applicable, of its legal representative: (Text) Point of contact: (Text) Contact details of the provider and, where applicable, of its legal representative: (Text) File reference of the addressee (Text) 2 Name of the Coordinating Authority having requested the issuance of the blocking order: (Text) Competent judicial authority or independent administrative authority having issued the blocking order (Text) Reference of the blocking order (Text) Date and time of receipt of the blocking order, including time zone: (Text) 3 The provider cannot execute the blocking order within the mandatory time period for the following reasons (tick the relevant box(es)): 1. The blocking order contains one or more manifest errors 2. The blocking order does not contain sufficient information Specify the manifest error(s) and/or the further information or clarification necessary, as applicable: (Text) 4 Date and time, including time zone: (Text) Signature: (Text)deleted

Amendment 1909 #

Proposal for a regulation
Annex VIII

Amendment 277 #

Clare DALY, Cornelia ERNST

Proposal for a regulation
–

The European Parliament rejects the Commission proposal (COM(2022)0209).

Amendment 278 #

Proposal for a regulation
–

The European Parliament rejects the Commission proposal (COM(2022)0209).

Amendment 279 #

Proposal for a regulation
–

The European Parliament rejects the Commission proposal (COM(2022)0209).

Amendment 280 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Michal ŠIMEČKA, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
–

The European Parliament rejects the Commission proposal (COM(2022)0209).

Amendment 281 #

Sophia IN 'T VELD, Moritz KÖRNER

Proposal for a regulation
Title 1

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules to ~~prevent and combat~~address online child sexual abuse (Text with EEA relevance)

Amendment 282 #

Proposal for a regulation
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 and Article 114 thereof,

Amendment 283 #

Proposal for a regulation
Recital 1

(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that often cause long-lasting negative consequences on victims that need to be prevented and combated effectively in order to protect children’s rights and well- being , as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), and also in order to avoid the risk of secondary victimisation and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.

Amendment 284 #

Proposal for a regulation
Recital 1

(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), and to protect society at large. Users of such services offered in the Union must have the assurance that they are protected against any type of sexual abuse in the online environment, and should be able to trust that the services concerned can be used safely, especially by children.

Amendment 285 #

Proposal for a regulation
Recital 1 a (new)

(1a) When using artificial intelligence algorithms on images, it is well documented that bias and discrimination can occur due to the lack of representativeness of certain population groups in the data used to train the algorithm. These biases should be identified, measured and eradicated in order for the detection systems to be truly profitable to society as a whole.

Amendment 286 #

Proposal for a regulation
Recital 1 a (new)

(1a) It should be specified that over 60 % of the images of child sexual abuse circulating in the world are hosted in the EU, and that 1 out of 5 children in Europe are victims of sexual violence and abuse, reflecting the urgent need for rules to be laid down in the EU.

Amendment 287 #

Proposal for a regulation
Recital 1 b (new)

(1b) The use of end-to-end encryption should be promoted and, where necessary, be mandatory in accordance with the principles of security and privacy by design. Member States should not impose any obligation on encryption providers, on providers of relevant information society services or on any other organisations with regard to any level of the supply chain that would result in the weakening of the security of their networks and services, such as bypassing authentication and accessing encrypted data or creating deliberate weaknesses by providers to allow for access to encrypted data.

Amendment 288 #

Vincenzo SOFO, Charlie WEIMERS, Jadwiga WIŚNIEWSKA

Proposal for a regulation
Recital 1 c (new)

(1c) End-to-end encryption is an important tool to guarantee the security and confidentiality of communications of users, including those of children. Any weakening of encryption could potentially be abused by malicious third parties. Nothing in this Regulation should therefore be interpreted as prohibiting or weakening end-to-end encryption.

Amendment 289 #

Proposal for a regulation
Recital 2

(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to prevent and combat such abuse. The measures taken should be targeted, carefully balanced and proportionate, so as to avoid any undue negative consequences for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid imposing any excessive burdens on the providers of the services. Considering the importance of the right to privacy, including the protection of personal data, as guaranteed by the Charter of Fundamental Rights, nothing in this regulation should be interpreted in a way that would enable future broad based mass surveillance.

Amendment 290 #

Proposal for a regulation
Recital 2

(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being ~~the only ones~~ in a position to prevent and to help combat such abuse. The measures taken should be targeted, carefully balanced ~~and proportionate~~, effective, evidence- based, proportionate, and subject to constant review, so as to avoid any undue negative consequences for the fight against crime and for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid directly or indirectly imposing any excessive burdens on the providers of the services.

Amendment 291 #

Proposal for a regulation
Recital 2

(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures tohat offer users greater security and minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to prevent and combat such abuse. The measures taken should be targeted, carefully balanced and proportionate, so as to avoid any undue negative consequences for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid imposing any excessive burdens on the providers of the services.

Amendment 292 #

Proposal for a regulation
Recital 2

(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual ~~abuse, those providers often being the only ones in a position to prevent and combat such~~ abuse. The measures taken should be targeted, carefully balanced and proportionate, so as to avoid any undue negative consequences for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid imposing any excessive burdens on the providers of the services.

Amendment 293 #

Proposal for a regulation
Recital 2

(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable, reliable and tangible measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to prevent ~~and~~, combat and report such abuse. The measures taken should be targeted, carefully balanced and proportionate, so as to avoid any undue negative consequences for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid imposing any excessive burdens on the providers of the services.

Amendment 294 #

Proposal for a regulation
Recital 2 a (new)

(2a) A long-term solution should be envisaged, within a proportionate legal framework in which automated technology should be used to detect, in a secure manner, online sexual exploitation and abuse.

Amendment 295 #

Proposal for a regulation
Recital 3

(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level, offering internet users greater security in terms of combating online child sex abuse.

Amendment 296 #

Proposal for a regulation
Recital 3

(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse and more generally to safeguard minors online , in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which sometimes diverge, may have a ~~direct~~ negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the ~~necessary~~ harmonised requirements should be laid down at Union level.

Amendment 297 #

Proposal for a regulation
Recital 3

(3) Member States and regional authorities are increasingly introducing, or are considering introducing, national and regional laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, may have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.

Amendment 298 #

Proposal for a regulation
Recital 3

(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, may have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.

Amendment 299 #

Proposal for a regulation
Recital 3

(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, may have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.

Amendment 300 #

Proposal for a regulation
Recital 4

(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat child sexual abuse in a manner that is effective and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future-proof manner, so as not to hamper innovation.

Amendment 301 #

Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Recital 4

(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat child sexual abuse in a manner that is effective, proportionate and coherent with national legislations and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology- neutral and future- proof manner, ~~so as not to hamper innovation~~in order to stimulate the development of innovative instruments to tackle child sexual abuse.

Amendment 302 #

Proposal for a regulation
Recital 4

(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat child sexual abuse in a manner that is effective, well targeted and proportionate and that respects the fundamental rights and privacy of all parties concerned. In view of the fast- changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future- proof manner, so as not to hamper innovation.

Amendment 303 #

Proposal for a regulation
Recital 4

Amendment 304 #

Proposal for a regulation
Recital 4

(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent ~~and~~, combat and report child sexual abuse in a manner that is effective and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology- neutral and future- proof manner, so as not to hamper innovation.

Amendment 305 #

Proposal for a regulation
Recital 4 a (new)

(4a) To ensure full achievement of the objectives of this Regulation, Member States should introduce and implement prevention strategies and awareness campaigns in their schools and educational institutions. The EU Centre and Coordinating Authorities, in close cooperation with relevant stakeholders, such as law enforcement agencies and existing hotlines across the Union, should elaborate prevention techniques, in order to prevent and combat child sexual abuse. It is important that digital skills and competences, including media literacy, are recognised as a mandatory skill and an essential part of education, focusing on educating children, parents and educators and the general public on online safety, including online parental control and how to recognize and report online solicitation. The Union and its Member States should allocate more investment in education and training to ensure digital literacy, including protection from bullying and cyberbullying in schools, for children of different age groups.

Amendment 306 #

Proposal for a regulation
Recital 4 a (new)

(4a) Protecting children online should not preclude respect for user privacy. The proposal should not impose a general control requirement but one of control in specific cases, based on the risk involved.

Amendment 307 #

Proposal for a regulation
Recital 5

Amendment 308 #

Sara SKYTTEDAL, David LEGA, Andrey KOVATCHEV, Tomáš ZDECHOVSKÝ, Stefan BERGER, Christian DOLESCHAL, Helmut GEUKING, Ivan ŠTEFANEC, Peter POLLÁK, Johan NISSINEN, Karen MELCHIOR

Proposal for a regulation
Recital 5

Amendment 309 #

Proposal for a regulation
Recital 5

Amendment 310 #

Proposal for a regulation
Recital 5

(5) In order to achieve the objectives of this Regulation, it should cover providers of services that ~~have the potential to be misused~~are misused to a significant extent for the purpose of online child sexual abuse. As they are increasingly misused for that purpose, those services shcould include publicly available number-independent interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those services asre publicly available. As services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service, such as chat and similar functions as part of gaming, image-sharing and video-hosting are ~~equally~~also at risk of misuse, they should also be covered by this Regulation. However, given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate manner.

Amendment 311 #

Proposal for a regulation
Recital 5

Amendment 312 #

Proposal for a regulation
Recital 6

(6) Online child sexual abuse frequently involves the misuse of information society services offered in the Union by providers established in third countries. In order to ensure the effectiveness of the rules laid down in this Regulation ~~and a level playing field within the internal market~~, those rules should apply to all providers, irrespective of their place of establishment or residence, that offer services in the Union, as evidenced by a substantial connection to the Union.

Amendment 313 #

Proposal for a regulation
Recital 6

Amendment 314 #

Proposal for a regulation
Recital 7

(7) This Regulation should be without prejudice to the rules resulting from other Union acts, in particular Directive 2011/93 of the European Parliament and of the Council38, Directive 2000/31/EC of the European Parliament and of the Council39and Regulation (EU) ~~…/…~~2022/2065of the European Parliament and of the Council40[on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC], Directive 2010/13/EU of the European Parliament and of the Council41, Regulation (EU) 2016/679 of the European Parliament and of the Council42, and Directive 2002/58/EC of the European Parliament and of the Council43. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) _________________ 38 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1). 39 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1). 40 Regulation (EU) ~~…/…~~2022/2065 of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC (OJ L ….). 41 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media service (OJ L 95, 15.4.2010, p. 1). 42 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1). 43 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on privacy and electronic communications’) (OJ L 201, 31.7.2002, p. 37).

Amendment 315 #

Proposal for a regulation
Recital 9

(9) Article 15(1) of Directive 2002/58/EC allows Member States to adopt legislative measures to restrict the scope of the rights and obligations provided for in certain specific provisions of that Directive relating to the confidentiality of communications when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society, inter alia, to prevent, investigate, detect and prosecute criminal offences, provided certain conditions are met, including compliance with the Charter. Applying the requirements of that provision by analogy, this Regulation should limit the exercise of the rights and obligations provided for in Articles 5(1), (3) and 6(1) of Directive 2002/58/EC, insofar as strictly necessary to execute detection orders issued in accordance with this Regulation with a view to prevent and combat online child sexual abuse.deleted

Amendment 316 #

Proposal for a regulation
Recital 9

(9) Article 15(1) of Directive 2002/58/EC allows Member States to adopt legislative measures to restrict the scope of the rights and obligations provided for in certain specific provisions of that Directive relating to the confidentiality of communications when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society, inter alia, to prevent, investigate, detect and prosecute criminal offences, provided certain conditions are met, including compliance with the Charter, which, inter alia, requires the specific measures to be provided for by law and genuinely achieve objectives of general interest. Applying the requirements of that provision by analogy, this Regulation should limit the exercise of the rights and obligations provided for in Articles 5(1), (3) and 6(1) of Directive 2002/58/EC, insofar as strictly necessary in line with Article 52 of the Charter, to execute detection orders issued in accordance with this Regulation with a view to prevent and combat online child sexual abuse.

Amendment 317 #

Proposal for a regulation
Recital 9 a (new)

(9a) Encryption, and especially end-to- end encryption, is an increasingly important tool to guarantee the security and confidentiality of the communications of all users, including children. Any restrictions or undermining of any kind of encryption, de jure or de facto, can be used and abused by malicious third parties. Nothing in this Regulation should be interpreted as prohibiting providers of information society services from using any kind of encryption on any part of their services, restricting or, undermining or bypassing such encryption in the sense of being detrimental to users’ expectations of confidential and secure communication services. Providers of information society services should under no circumstances be prevented from providing their services using the highest standards of encryption, considering that such encryption is essential for trust in and security of the digital services.

Amendment 318 #

Proposal for a regulation
Recital 11

(11) A substantial connection to the Union should be considered to exist where the relevant information society services has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States should be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of a software application in the relevant national software application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1), point (c), of Regulation (EU) 1215/2012 of the European Parliament and of the Council44. Mere technical accessibility of a website from the Union should not, alone, be considered as establishing a substantial connection to the Union. _________________ 44 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).

Amendment 319 #

Proposal for a regulation
Recital 11

(11) A substantial connection to the Union should be considered to exist where the relevant information society services has an establishment in the Union or, in its absence, on the basis of the existence of a significant number, in relation to population size, of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States should be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of a software application in the relevant national software application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1), point (c), of Regulation (EU) 1215/2012 of the European Parliament and of the Council44. Mere technical accessibility of a website from the Union ~~should~~ cannot, alone, be considered as establishing a substantial connection to the Union. _________________ 44 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).

Amendment 320 #

Proposal for a regulation
Recital 12

(12) For reasons of consistency and technological neutrality, the term ‘child sexual abuse material’ should for the purpose of this Regulation be defined as referring to any ~~type of material constituting child pornography or pornographic performance~~material that visually depicts a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of a child for primarily sexual purposes or any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; or realistic images of a child engaged in sexually explicit conduct or realistic images of the sexual organs of a child, for primarily sexual purposes; or a live exhibition aimed at an audience, including by means of information and communication technology, of a child engaged in real or simulated sexually explicit conduct; or the sexual organs of a child for primarily sexual purposes within the meaning of Directive 2011/93/EU, which is capable of being disseminated through the use of hosting or interpersonal communication services. At present, such material typically consists of images or videos~~, without it however being excluded that it takes other forms, especially in view of future technological developments~~.

Amendment 321 #

Proposal for a regulation
Recital 13

(13) The term ‘online child sexual abuse’ should cover ~~not~~ only the dissemination of material previously detected and confirmed as constituting child sexual abuse material (‘known’ material), but also of material not previously detected that is likely to constitute child sexual abuse material but that has not yet been confirmed as such (‘new’ material), as well as activities constituting the solicitation of children (‘grooming’). That is needed in order to address not only past abuse, the re- victimisation and violation of the victims’ rights it entails, such as those to privacy and protection of personal data, but to also address recent, ongoing and imminent abuse, so as to prevent it as much as possible, to effectively protect children and to increase the likelihood of rescuing victims and stopping perpetrators.

Amendment 322 #

Proposal for a regulation
Recital 13

(13) The term ‘online child sexual abuse’ should cover not only the dissemination of material previously detected and confirmed as constituting child sexual abuse material (‘known’ material), but also of material not previously detected that is likely to constitute child sexual abuse material but that has not yet been confirmed as such (‘new’ material), as well as activities constituting the solicitation of children (‘grooming’). That is needed in order to address not only past abuse, the re- victimisation and violation of the victims’ rights it entails, such as those to privacy and protection of personal data, but to also address recent, ongoing and imminent abuse, so as to prevent it as much as possible, to effectively protect children and to increase the likelihood of rescuing victims ~~and stopp~~, stopping and prosecuting perpetrators.

Amendment 323 #

Proposal for a regulation
Recital 13 a (new)

(13a) In order to protect children, this Regulation should take into account the concerning hypersexualized use of children's images in adverstising campaigns and the increasing spread of cultural pseudo-pedophilia also fuelled by fundraising campaigns.

Amendment 324 #

Proposal for a regulation
Recital 14

(14) With a view to minimising the risk that their services are misused for the dissemination of known or new child sexual abuse material or the solicitation of children, providers of hosting services and providers of publicly available number- independent interpersonal communications services should assess ~~such~~the existence of a recurring systemic risk for each of the services that they offer in the Union. To guide their risk assessment, a non- exhaustive list of elements to be taken into account should be provided. ~~To allow for a full consideration of the specific characteristics of the services they offer, providers should be allowed to take account of additional elements where relevant.~~ As risks evolve over time, in function of developments such as those related to technology and the manners in which the services in question are offered and used, it is appropriate to ensure that the risk assessment is, as well as the effectiveness and proportionality of mitigation measures, are updated regularly and when needed for particular reasons.

Amendment 325 #

Proposal for a regulation
Recital 14

(14) With a view to minimising the risk that their services are misused for the dissemination of known or new child sexual abuse material or the solicitation of children, providers of hosting services and providers of publicly available interpersonal communications services should assess such risk for each of the services that they offer in the Union. To guide their risk assessment, a non- exhaustive list of elements to be taken into account should be provided based on best practices already enforced by Member States. To allow for a full consideration of the specific characteristics of the services they offer, providers should be allowed to take account of additional elements where relevant. As risks evolve over time, in function of developments such as those related to technology and the manners in which the services in question are offered and used, it is appropriate to ensure that the risk assessment is updated regularly and when needed for particular reasons.

Amendment 326 #

Proposal for a regulation
Recital 14

(14) With a view to minimising the risk that their services are misused for the dissemination of known or new child sexual abuse material or the solicitation of children, providers of hosting services and providers of publicly available number independent interpersonal communications services should assess such risk for each of the services that they offer in the Union. To guide their risk assessment, a non- exhaustive list of elements to be taken into account should be provided. To allow for a full consideration of the specific characteristics of the services they offer, providers should be allowed to take account of additional elements where relevant. As risks evolve over time, in function of developments such as those related to technology and the manners in which the services in question are offered and used, it is appropriate to ensure that the risk assessment is updated regularly and when needed for particular reasons.

Amendment 327 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Recital 14

(14) With a view to minimising the risk that their services are misused for the dissemination of known ~~or new~~ child sexual abuse material ~~or the solicitation of children~~, providers of hosting services and providers of publicly available number independent interpersonal communications services should assess such risk for each of the services that they offer in the Union. To guide their risk assessment, a non- exhaustive list of elements to be taken into account should be provided. To allow for a full consideration of the specific characteristics of the services they offer, providers should be allowed to take account of additional elements where relevant. As risks evolve over time, in function of developments such as those related to technology and the manners in which the services in question are offered and used, it is appropriate to ensure that the risk assessment is updated regularly and when needed for particular reasons.

Amendment 328 #

Proposal for a regulation
Recital 14 a (new)

(14a) Given the severity of these crimes and the long-lasting negative consequences on the victims and the risk of revictimization as a result of the dissemination of known material, new material, as well as activities constituting the solicitation of children, it is essential that this Regulation provides specific obligations for providers of hosting service and providers of interpersonal communication services to prevent, detect, report and remove child sexual abuse material in all their services, including interpersonal communications services, which may also be covered by end-to-end encryption, in light of the prevalence of dissemination of child sexual abuse material, including the solicitation of children, in interpersonal communication services.

Amendment 329 #

Proposal for a regulation
Recital 14 a (new)

(14a) Given the severity of these crimes and the long-lasting negative consequences on the victims and the risk of revictimization as a result of the dissemination of known material, new material, as well as activities constituting the solicitation of children, it is essential that this Regulation provides specific obligations for providers of hosting services and providers of interpersonal communication services to prevent, detect, report, remove child sexual abuse material in all their services, including interpersonal communication services, which may also be covered by end-to-end encryption, in light of the prevalence of dissemination of child sexual abuse material, including the solicitation of children, in interpersonal communication services.

Amendment 330 #

Proposal for a regulation
Recital 15

(15) Some of those providers of relevant information society services in scope of this Regulation may also be subject to an obligation to conduct a risk assessment under Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] with respect to information that they store and disseminate to the public~~. For the purposes of the present Regulation, those providers may draw on such a~~, which should form the basis for the risk assessment aund ~~complement it with a more specific assessment of the risks of use of their services for the purpose of online child sexual abuse, as required by this Regulation~~er this instrument. .

Amendment 331 #

Proposal for a regulation
Recital 15

(15) Some of those providers of relevant information society services in scope of this Regulation may also be subject to an obligation to conduct a risk assessment under Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] with respect to information that they store and disseminate to the public. For the purposes of the present Regulation and in order to avoid unecessary burdens and duplications especially for SMEs, those providers may draw on such a risk assessment and complement it with a more specific assessment of the risks of use of their services for the purpose of online child sexual abuse, as required by this Regulation.

Amendment 332 #

Proposal for a regulation
Recital 16

(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification and parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation2022/2065 may consider to which extent mitigation measures adopted to comply with that obligation. Mitigation measures may include designing their online interfaces or parts thereof with the highest level of privacy, safety and security for children by default or adopting standards for protection of children, or participating in codes of conduct for protecting children, targeted measures to protect the rights of the child, including functionalities enabling age assurance and age scoring, and age-appropriate parental control tools. Enabling flagging and/or notifying mechanisms and self-reporting functionalities may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation. Communication service providers (CSPs) may take voluntary measures to detect and remove child sexual abuse material (CSAM) from their services, provided that such measures are proportionate, necessary, and respectful of users' privacy and other fundamental rights. CSPs that take such measures shall comply with the following requirements:(a) Any measures taken to detect or remove CSAM must be based on clear, transparent, and publicly available criteria, which should be regularly reviewed and updated as necessary to reflect changes in technology and legal developments.(b) CSPs shall inform their users about the nature and extent of the measures taken to detect and remove CSAM, including any impact on users' privacy and other rights.(c) CSPs shall ensure that any measures taken to detect and remove CSAM are subject to appropriate oversight and accountability mechanisms, which should be designed to ensure that the measures are effective, proportionate, and respectful of users' rights. (d) CSPs shall cooperate with relevant competent authorities, including law enforcement authorities, to prevent and combat CSAM, and to support the identification and rescue of victims of child sexual exploitation and abuse.

Amendment 333 #

Proposal for a regulation
Recital 16

Amendment 334 #

Proposal for a regulation
Recital 16

Amendment 335 #

Proposal for a regulation
Recital 16

Amendment 336 #

Proposal for a regulation
Recital 16

Amendment 337 #

Proposal for a regulation
Recital 16

Amendment 338 #

Proposal for a regulation
Recital 16

(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available number independent interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification and parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.

Amendment 339 #

Proposal for a regulation
Recital 16

(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available number independent interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, ~~including age verification and parental control tools,~~ may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.

Amendment 340 #

Proposal for a regulation
Recital 16 a (new)

(16a) To further prevent online child sexual abuse effectively, an emphasis should be placed on public awareness raising, including through easily understandable campaigns and in education with a focus on empowerment of young people to use the internet safely and to address societal factors that enable child sexual abuse, including harmful gender norms and broader issues of societal inequality; In addition awareness raising should focus on hotlines where young people can report what has happened to them, as well as to improve access to institutional reporting by police and social services and other authorities.

Amendment 341 #

Proposal for a regulation
Recital 16 a (new)

(16a) Risk prevention should include the possibility to use approved technology that detects sexual content while respecting fundamental rights safeguards, including in end-to-end encrypted environments.

Amendment 342 #

Proposal for a regulation
Recital 17

(17) ~~To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory mitigation measures should be established. Instead, p~~Providers should be left a degree of flexibility to design and implement measures tailored to the risk identified and the characteristics of the services they provide and the manners in which those services are used~~. In particular, providers are free to design and implement,~~, taking into accordance with Union law, measures based on their existing practices to detect online child sexual abuse in their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation, if deemed necessary by the competent national authoritount the autonomy and rights of children and apapt their design, features and functions of services accordingly.

Amendment 343 #

Proposal for a regulation
Recital 17

(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory ~~mitigation~~specific measures should be established. Instead, providers should be left a degree of flexibility to design and implement measures tailored to the risk ~~identified~~s, exposure and the characteristics of the services they provide and the manners in which those services are used. In particular, providers are free to design and implement, in accordance with Union law, measures based on their existing practices ~~to detect online child sexual abuse~~ . Specific measures could include providing their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation, if deemed necessary by the competent national authorityechnical measures and tools that allow users to manage their own privacy visibility, reachability and safety, such as mechanisms for users to block or mute other users, mechanisms that ask for confirmation before displaying certain content, tools that prompt or warn users.

Amendment 344 #

Proposal for a regulation
Recital 17

(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory mitigation measures should be established. Instead, providers should be left a degree of flexibility to design and implement measures tailored to the risk identified and the characteristics of the services they provide and the manners in which those services are used. In particular, providers are free to design and implement, in accordance with Union law, measures based on their existing practices to detect and prevent online child sexual abuse in their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation, if deemed necessary by the competent national authority.

Amendment 345 #

(17a) While age verification tools may be one possible method of mitigating risk, many currently-known age verification methods create a risk of systemic violations of privacy and data protection. This includes, inter alia, the mass profiling of the users, the biometric analysis of the user’s face and/or voice, or the deployment of digital identification/certification system, none of which currently respects individuals’ fundamental rights sufficiently to justify its large-scale or mandatory deployment. Implementation of any of these measures by the providers of communication services would necessarily add another layer of interference with the rights and freedoms of the users, or unduly restrict access to services to people who appear younger or older than their actual age or people who do not have the necessary identification documents. As such, methods to verify or assess the age of users should not be mandatory, if used, be approached with caution and allow for alternatives, to ensure the protection of rights to privacy and data protection of all internet users in line with the GDPR, and to ensure that it remains possible for law- abiding internet users to remain anonymous.

Amendment 346 #

Proposal for a regulation
Recital 17 b (new)

(17b) Relying on providers for risk mitigation measures comes with inherent risks, as business models, technologies and crimes evolve continuously. As a result, clear targets, oversight, review and adaptation, led by national supervisory authorities are needed, to avoid measures becoming redundant, disproportionate, ineffective, counterproductive and outdated.

Amendment 347 #

Proposal for a regulation
Recital 18

(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on ~~mitigation~~specific measures. Therefore, providers of hosting services and providers of publicly available number-independent interpersonal communications services should, when designing and implementing the ~~mitigation~~specific measures, give importance not only to ensuring their effectiveness, but also to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which ~~mitigation~~specific measures should reasonably be taken in a given situation, account should also be taken of the ongoing effectiveness of the measures, the financial and technological capabilities and the size of the provider concerned. When selecting appropriate ~~mitigation~~specific measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self-regulatory cooperation, and those contained in guidelines from the Commission. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measuresquantifying the expected impact of the available measures. Objective data on ongoing effectiveness must be provided, in order for any measure to be recognised as best practice.

Amendment 348 #

Proposal for a regulation
Recital 18

(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available number independent interpersonal communications services should, when designing and implementing the mitigation measures, give importance not only to ensuring their effectiveness, but also to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which mitigation measures should reasonably be taken in a given situation, account should also be taken of the financial and technological capabilities and the size of the provider concerned. When selecting appropriate mitigation measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self- regulatory cooperation, and those contained in guidelines from the Commission. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measures.

Amendment 349 #

Proposal for a regulation
Recital 18

(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available number independent interpersonal communications services should, when designing and implementing the mitigation measures, give importance not only to ensuring their effectiveness, but also to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which mitigation measures should reasonably be taken in a given situation, account should also be taken of the financial and technological capabilities and the size of the provider concerned. When selecting appropriate mitigation measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self- regulatory cooperation, and those contained in guidelines from the ~~Commission~~EU Centre. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measures.

Amendment 350 #

Proposal for a regulation
Recital 19

(19) In the light of their role as intermediaries facilitating access to software applications that may be misused for online child sexual abuse, providers of software application stores should be made subject to obligations to take certain reasonable measures to assess and mitigate that risk. The providers should make that assessment in a diligent manner, making efforts that are reasonable under the given circumstances, having regard inter alia to the nature and extent of that risk as well as their financial and technological capabilities and size, and cooperating with the providers of the services offered through the software application where possible.deleted

Amendment 351 #

(19) In the light of their role as intermediaries facilitating access to software applications that may be misused for online child sexual abuse, providers of software application stores should be made subject to obligations to take certain reasonable measures to assess and mitigate that risk. The providers should make that assessment in a diligent manner, making efforts that are reasonable under the given circumstances, having regard inter alia to the nature and extent of that risk as well as their financial and technological capabilities and size, and cooperating with the providers of the services offered through the software application where possible.deleted

Amendment 352 #

Proposal for a regulation
Recital 20

(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection orders. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services.deleted

Amendment 353 #

Proposal for a regulation
Recital 20

(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when ~~mitigating measures are deemed insufficient~~the provider refuses to cooperate by putting in place the mitigating measures aimed to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request, as a measure of last resort, the issuance of detection orders. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services. Such detection orders shall be issued with regards to the technical capacity of the provider, and shall in no way be intrepreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encrypted content and communications.

Amendment 354 #

Proposal for a regulation
Recital 20

(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, and where the provider refuses to cooperate with Coordinating Authorities and the Centre, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection orders as a last resort. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services.

Amendment 355 #

Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Recital 20

(20) With a view to ensuring effective prevention and fight against online child sexual abuse, ~~when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abuse,~~ the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection orders targeting suspects. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of targets, limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, ~~and that solicitation of children mostly takes place in publicly available interpersonal communications services,~~ it should only be possible to address detection orders to providers of such services.

Amendment 356 #

Proposal for a regulation
Recital 20

(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection orders. Such orders should not apply to end-to-end encryption services. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services.

Amendment 357 #

Proposal for a regulation
Recital 20

(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection ~~order~~warrants. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and ~~publicly available interpersonal communications services, and that solicitation of children mostly takes place in~~number-independent publicly available interpersonal communications services, it should only be possible to address detection ~~order~~warrants to providers of such services.

Amendment 358 #

Proposal for a regulation
Recital 20 a (new)

(20a) End-to-end encryption is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. Any weakening of encryption could potentially be abused by malicious third parties. Nothing in this Regulation should therefore be prohibiting or weakening end-to-end encryption or be interpreted in that way.

Amendment 359 #

Proposal for a regulation
Recital 20 b (new)

(20b) The use of end-to-end encryption should be promoted and, where necessary, be mandatory in accordance with the principles of security and privacy by design. Member States should not impose any obligation on encryption providers, on providers of electronic communications services or on any other organisations, at any level of the supply chain, that would result in the weakening of the security of their networks and services, such as the creation or facilitation of backdoors or any other functionality allowing disclosure of communications content to third parties.

Amendment 360 #

Proposal for a regulation
Recital 20 c (new)

(20c) The act of breaking encryption refers to the act of defeating or bypassing the encryption protocol used to secure a communication. Any access by any third- party that was not meant to access, read or edit the content of that communication that was supposed to be private and secure should be considered as undermining encryption.

Amendment 361 #

Proposal for a regulation
Recital 20 d (new)

(20d) The technologies used for the purpose of executing detection warrants should be in accordance with the state of the art in the industry and are the least privacy-intrusive, including with regard to the principle of data protection by design and by default pursuant to Regulation (EU) 2016/679.

Amendment 362 #

Proposal for a regulation
Recital 21

(21) Furthermore, as parts of those limits and safeguards, detection orders should only be issued after a diligent and objective assessment leading to the finding of a significant risk of the specific service concerned being misused for a given type of online child sexual abuse covered by this Regulation. One of the elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection order.deleted

Amendment 363 #

Proposal for a regulation
Recital 21

(21) Furthermore, as parts of those limits and safeguards, detection orders should only be issued after a diligent and objective assessment leading to the finding of a significant risk of the specific service concerned being misused for a given type of online child sexual abuse covered by this Regulation. One of the elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection orderrequire a reasonable suspicion of the service being used for the purpose of online child sexual abuse by one or more suspects.

Amendment 364 #

Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Recital 21

(21) Furthermore, as parts of those limits and safeguards, detection ~~order~~warrants should only be issued ~~after a diligent and objective assessment leading to the finding of a significant risk of the~~by a judicial authority and only with the purpose to detect known online child sexual abuse material related to a specific ~~ser~~device ~~concerned being misused for a given type of online child sexual abuse covered by this Regulation~~or user account, where there is a reasonable suspicion such content is stored on that device or in that user account. One of the main elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection orderexistence of evidence demonstrating a reasonable suspicion that individual accounts or groups of accounts are being used for the purpose of online child sexual abuse.

Amendment 365 #

Proposal for a regulation
Recital 21

(21) Furthermore, as parts of those limits and safeguards, detection orders should only be issued after a diligent and objective assessment leading to the finding of a significant risk of the specific service concerned being misused for a given type of online child sexual abuse covered by this Regulation. Such detection orders should as far as possible be restricted and specified, not calling for mass detection. One of the elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection order.

Amendment 366 #

Proposal for a regulation
Recital 21

(21) Furthermore, as parts of those limits and safeguards, detection orders should only be issued after a diligent and objective assessment leading to the finding of a significant risk of the specific service concerned being misused for a given type of online child sexual abuse covered by this Regulation. One of the elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake as well as the likelihood that the material could be rapidly disseminated and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection order.

Amendment 367 #

Proposal for a regulation
Recital 22

Amendment 368 #

Proposal for a regulation
Recital 22

(22) However, the ~~finding of such a significant risk~~existence of evidence demonstrating a reasonable suspicion that individual accounts or groups of accounts are being used for the purpose of online child sexual abuse should in itself be insufficient to justify the issuance of a detection ~~order~~warrant, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detection ~~order~~warrants can be issued only after the Coordinating Authorities and the competent judicial authority ~~or independent administrative authority~~ having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the ~~likelihood and seriousn~~actual or potential implications for the rights and legitimate interests of a~~ny potential negative consequences for other parties affec~~ll parties concerned, including the possible failure of the measures to respect the fundamental rights enshrined in the Chartedr. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned.

Amendment 369 #

Proposal for a regulation
Recital 22

(22) However, the finding of such ~~a significant risk~~evidence should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detection orders can be issued only after the Coordinating Authorities and the competent judicial authority ~~or independent administrative authority~~ having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the specific results anticipated by the measure, the likelihood and seriousness of any potential negative consequences for other parties affected. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned.

Amendment 370 #

Proposal for a regulation
Recital 22

(22) However, the finding of such a significant risk should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detection orders can be issued only after the Coordinating Authorities and the competent judicial authority ~~or independent administrative authority~~ having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the likelihood and seriousness of any potential negative consequences for other parties affected. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned.

Amendment 371 #

Proposal for a regulation
Recital 23

(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is targeted and specified so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively address the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.deleted

Amendment 372 #

Proposal for a regulation
Recital 23

(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is targeted, has quantifiable targets, is limited in time and is specified so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively a~~ddress~~nd demonstrably mitigate the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditinguser or users. Safeguards additional to the ones already expressly specified in this Regulation should in addition be specified. Independent auditing, in particular of the achievement of the anticipated results, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order ~~that the Coordinating Authority deems necessary~~should be prerequisites of such orders being made. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.

Amendment 373 #

Sara SKYTTEDAL, David LEGA, Andrey KOVATCHEV, Tomáš ZDECHOVSKÝ, Stefan BERGER, Christian DOLESCHAL, Helmut GEUKING, Ivan ŠTEFANEC, Peter POLLÁK, Johan NISSINEN, Karen MELCHIOR, Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Recital 23

(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is ~~targeted and specified~~justified, proportionate and related only to an identifiable part of the specific service, user or group of users, as well as targeted and limited in time so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively address the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service ~~where possible without prejudice to the effectiveness of the measure~~, such as specific types of channels of a publicly available interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.

Amendment 374 #

Proposal for a regulation
Recital 23

(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is targeted and specified so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively address the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available number independent interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.

Amendment 375 #

Proposal for a regulation
Recital 24

(24) The competent judicial authority or the competent independent administrative authority, as applicable in accordance with the detailed procedural rules set by the relevant Member State, should be in a position to take a well- informed decision on requests for the issuance of detections orders. That is of particular importance to ensure the necessary fair balance of the fundamental rights at stake and a consistent approach, especially in connection to detection orders concerning the solicitation of children. Therefore, a procedure should be provided for that allows the providers concerned, the EU Centre on Child Sexual Abuse established by this Regulation (‘EU Centre’) and, where so provided in this Regulation, the competent data protection authority designated under Regulation (EU) 2016/679 to provide their views on the measures in question. They should do so as soon as possible, having regard to the important public policy objective at stake and the need to act without undue delay to protect children. In particular, data protections authorities should do their utmost to avoid extending the time period set out in Regulation (EU) 2016/679 for providing their opinions in response to a prior consultation. Furthermore, they should normally be able to provide their opinion well within that time period in situations where the European Data Protection Board has already issued guidelines regarding the technologies that a provider envisages deploying and operating to execute a detection order addressed to it under this Regulation.deleted

Amendment 376 #

Proposal for a regulation
Recital 24

(24) The competent judicial authority ~~or the competent independent administrative authority, as applicable in accordance with the detailed procedural rules set by the relevant Member State, should~~should have the data necessary to be in a position to take a well-informed decision on requests for the issuance of detections orders. That is of particular importance to ensure the necessary fair balance of the fundamental rights at stake and a consistent approach, especially in connection to detection orders concerning the solicitation of children. Therefore, a procedure should be provided for that allows the providers concerned, the EU Centre on Child Sexual Abuse established by this Regulation (‘EU Centre’) and~~, where so provided in this Regulation,~~ the competent data protection authority designated under Regulation (EU) 2016/679 to provide their views on the measures in question, as per Article 35 and 36 of that Regulation. They should do so ~~as soon as possible~~without undue delay, having regard to the important public policy objective at stake and the need to act ~~without undue delay to~~ to protect children. ~~In particular~~Furthermore, data protections authorities should ~~do their utmost to avoid extending the time period set out in Regulation (EU) 2016/679 for providing their opinions in response to a prior consultation. Furthermore, they should~~ normally be able to provide their opinion ~~well within that time period~~in a timely manner including in situations where the European Data Protection Board has already issued guidelines regarding the technologies that a provider envisages deploying and operating to execute a detection order addressed to it under this Regulation.

Amendment 377 #

Proposal for a regulation
Recital 25

Amendment 378 #

Proposal for a regulation
Recital 25

Amendment 379 #

Proposal for a regulation
Recital 26

Amendment 380 #

Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Recital 26

Amendment 381 #

Proposal for a regulation
Recital 26

Amendment 382 #

Proposal for a regulation
Recital 26

(26) The measures taken by providers of hosting services and providers of publicly available number independent interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, ~~and avoid circumvention of the detection obligations,~~ those measures should be ta~~ken regardless of~~ilored to the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use of end-to-end encryption technology, which is an ~~important~~essential tool to guarantee the security and confidentiality of the communications of users, including those of children. Detection orders should not under any circumstances be interpreted as prohibiting, weaking and breaking (including de facto) encryption or (including de facto) leading to the creation of any kind of backdoor. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users. If the provider reasonably believes that complying with a detection order will inevitably lead to undermining the security and confidentiality of the communications of its users, it should suspend its execution and challenge it in accordance with the procedure outlined in article 9.

Amendment 383 #

Proposal for a regulation
Recital 26

Amendment 384 #

Proposal for a regulation
Recital 26

Amendment 385 #

Proposal for a regulation
Recital 26

Amendment 386 #

Proposal for a regulation
Recital 26

Amendment 387 #

Proposal for a regulation
Recital 26

Amendment 388 #

Proposal for a regulation
Recital 26 a (new)

(26a) Encryption is important to ensure the enjoyment of all human rights offline and online. Moreover, encryption technologies contribute in a fundamental way both to the respect for private life and confidentiality of communications, as well as to innovation and the growth of the digital economy, which relies on the high level of trust and confidence that such technologies provide. In the context of interpersonal communications, end-to- end encryption (‘E2EE’) is a crucial tool for ensuring the confidentiality of electronic communications, as it provides strong technical safeguards against access to the content of the communications by anyone other than the sender and the recipient(s), including by the provider. It should be noted that while E2EE is one of the most commonly used security measures in the context of electronic communications, other technical solutions (e.g., the use of other cryptographic schemes) might be or become equally important to secure and protect the confidentiality of digital communications. Thus, their use should not be prevented, circumvented or weakened either.

Amendment 389 #

Sara SKYTTEDAL, David LEGA, Andrey KOVATCHEV, Tomáš ZDECHOVSKÝ, Stefan BERGER, Christian DOLESCHAL, Helmut GEUKING, Ivan ŠTEFANEC, Peter POLLÁK, Johan NISSINEN, Karen MELCHIOR, Lukas MANDL, Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI, Rob ROOKEN

Proposal for a regulation
Recital 26 a (new)

(26a) End-to-end encryption is an essential tool to guarantee the security, privacy and confidentiality of the communications between users, including those of children. Any weakening of the end-to-end encryption's effect could potentially be abused by malicious third parties. Nothing in this Regulation should therefore be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communications shall be understood the processing of any data, that would compromise or put at risk the integrity and confidentiality of the aforementioned end-to-end encrypted content. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side-channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provide third party actors access to the end-to-end encrypted content and communications.

Amendment 390 #

Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Recital 26 a (new)

(26a) End-to-end encryption is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. Any weakening of the end-to-end encryption could potentially be abused by malicious third parties. Nothing in this Regulation should therefore be interpreted as prohibiting or weakening end-to-end encryption. However, to the extent strictly necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, providers should be authorised by the competent judicial authority or another independent administrative authority to process metadata that can detect suspicious patterns of behaviour without having access to the content of the encrypted communication.

Amendment 391 #

Proposal for a regulation
Recital 26 a (new)

(26a) End-to-end encryption is vital for the security and privacy of the communications of users. The detection obligations set out in this regulation should therefore not apply to end-to-end encryption services, since it risks jeopardizing the integrity of such services. Consequently, the encryption should remain confidential without the possibility of side channel-leak mechanism built in from the service providers, which would endanger the privacy of users.

Amendment 392 #

Proposal for a regulation
Recital 26 a (new)

(26a) The act of ‘breaking’ encryption refers to the act of defeating or bypassing the encryption protocol used to secure a communication. Any access by any third- party that was not meant to access, read or edit the content of that communication that was supposed to be private and secure should be considered as bypassing encryption.

Amendment 393 #

Proposal for a regulation
Recital 26 b (new)

(26b) The principle of data protection by design and by default laid down in Article 25 of Regulation (EU) 2016/679 applies to the technologies regulated by the Proposal by virtue of law.

Amendment 394 #

Proposal for a regulation
Recital 27

(27) In order to facilitate the providers’ compliance with the detection obligations, the EU Centre should make available to providers detection technologies that they may choose to use, on a free-of-charge basis, for the sole purpose of executing the detection orders addressed to them. The European Data Protection Board should be consulted on those technologies and the ways in which they should be best deployed to ensure compliance with applicable rules of Union law on the protection of personal data. The advice of the European Data Protection Board should be taken into account by the EU Centre when compiling the lists of available technologies and also by the Commission when preparing guidelines regarding the application of the detection obligations. The providers may operate the technologies made available by the EU Centre or by others or technologies that they developed themselves, as long as they meet the requirements of this Regulation.deleted

Amendment 395 #

Proposal for a regulation
Recital 27

(27) In order to facilitate the providers’ compliance with the detection obligations, the EU Centre should make available to providers ~~detection~~ technologies that they may choose to use, on a free-of-charge basis, for the sole purpose of executing the detection orders addressed to them. The European Data Protection Board should be consulted on the acceptability or otherwise of those technologies and the ways in which they should be ~~bes~~t deployed ~~to ensure~~, if at all, in compliance with applicable ~~rules of~~ Union law on the protection of personal data. The a~~dvice~~uthoritative position of the European Data Protection Board should be fully taken into account by the EU Centre ~~when compiling the lists of available technologies~~ and also by the Commission when preparing guidelines regarding the application of the detection obligations. The providers may operate the technologies made available by the EU Centre or by others or technologies that they developed themselves, as long as they meet the requirements of this Regulation and other applicable EU law, such as Regulation 2016/679. These technologies should be independently audited as regards their performance and reliability, and the benchmarks used as well as the results of the independent audit shall be made public.

Amendment 396 #

Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Recital 27

(27) In order to facilitate the providers’ compliance with the detection obligations, the EU Centre should make available to providers detection technologies that they may choose to use, on a free-of-charge basis, for the sole purpose of executing the detection orders addressed to them. The European Data Protection Board should be consulted on the use of those technologies and the ways in which they should be best deployed to ensure compliance with applicable rules of Union law on the protection of personal data. The advice of the European Data Protection Board should be taken into account by the EU Centre when compiling the lists of available technologies and also by the Commission when preparing guidelines regarding the application of the detection obligations. The providers may operate the technologies made available by the EU Centre or by others or technologies that they developed themselves, as long as they meet the requirements of this Regulation.

Amendment 397 #

Proposal for a regulation
Recital 27

(27) In order to facilitate the providers’ compliance with the detection obligations, the EU Centre should make available to providers detection technologies that they may choose to use, on a free-of-charge basis, for the sole purpose of executing the detection orders addressed to them. The European Data Protection Board ~~should~~must be consulted on those technologies and the ways in which they should be best deployed to ensure compliance with applicable rules of Union law on the protection of personal data. The advice of the European Data Protection Board ~~should~~must be taken into account by the EU Centre when compiling the lists of available technologies and also by the Commission when preparing guidelines regarding the application of the detection obligations. The providers may operate the technologies made available by the EU Centre or by others or technologies that they developed themselves, as long as they meet the requirements of this Regulation.

Amendment 398 #

Proposal for a regulation
Recital 27 a (new)

(27a) Since the consultation of the EDPB by the EU Center is a new task not foreseen under either Regulation 2016/679, Regulation 2018/1725 or Directive 2016/680, the EDPB budget and staffing should be adapted accordingly. The situation of national authorities, who too will be regularly consulted by service providers, should also reflect their increased responsibilities.

Amendment 399 #

Proposal for a regulation
Recital 27 a (new)

(27a) The Commission shall ensure in the draft general budget of the Union that the European Data Protection Board and European Data Protection Supervisor are provided with sufficient human, technical and financial resources, premises and infrastructure necessary for the effective performance of its tasks and exercise of its powers pursuant to this Regulation.

Amendment 400 #

Proposal for a regulation
Recital 27 a (new)

(27a) Due to the nature of child sexual abuse materials, the sharing of those contents does not stop at border. The competent authorities and the EU Centre should therefore have a cooperation procedure with the American NCMEC (The National Center for Missing and Exploited Children) to detect and remove those contents more effectively.

Amendment 401 #

Proposal for a regulation
Recital 27 a (new)

(27a) To the extent strictly necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, it should be possible for the Coordinating Authority of establishment to authorise providers to process metadata.

Amendment 402 #

Proposal for a regulation
Recital 28

(28) With a view to constantly assess the performance of the detection technologies and ensure that they are sufficiently reliable, as well as to identify false positives and avoid to the extent erroneous reporting to the EU Centre, providers should ensure human oversight and, where necessary, human intervention, adapted to the type of detection technologies and the type of online child sexual abuse at issue. Such oversight should include regular assessment of the rates of false negatives and positives generated by the technologies, based on an analysis of anonymised representative data samples. In particular where the detection of the solicitation of children in publicly available interpersonal communications is concerned, service providers should ensure regular, specific and detailed human oversight and human verification of conversations identified by the technologies as involving potential solicitation of children.deleted

Amendment 403 #

Proposal for a regulation
Recital 28

(28) With a view to constantly assess the performance of the detection technologies and ensure that they are sufficiently ~~reliabl~~accurate, as well as to identify false positives and ~~avoid to the extent~~false negatives and to avoid erroneous reporting to the EU Centre, ~~providers~~law enforcement should ensure adequate human oversight and, where necessary, human intervention, adapted to the type of detection technologies and the type of online child sexual abuse at issue. Such oversight should include regular assessment of the rates of false negatives and positives generated by the technologies, based on an analysis of anonymised representative data samples. In particular where the detection of the solicitation of children in publicly available interpersonal communications is concerned, service providers should ensure regular, specific and detailed human oversight and human verification of conversations identified by the technologies as involving potential solicitation of children forwarded by providers.

Amendment 404 #

Proposal for a regulation
Recital 28

(28) With a view to constantly assess the performance of the detection technologies and ensure that they are sufficiently reliable, ~~as well as to identify false positives~~do not produce too many false positives identifying the reasons for their appearance, and avoid to the extent erroneous reporting to the EU Centre, providers should ensure stringent human oversight and, where necessary and required to uphold the highest possible standards, human intervention, adapted to the type of detection technologies and the type of online child sexual abuse at issue. Such oversight should include regular and independent assessment of the rates of false negatives and positives generated by the technologies, based on an analysis of anonymised representative data samples. In particular where the detection of the solicitation of children in publicly available interpersonal communications is concerned, service providers should ensure regular, specific and detailed human oversight and human verification of conversations identified by the technologies as involving potential solicitation of children.

Amendment 405 #

Proposal for a regulation
Recital 28

Amendment 406 #

Proposal for a regulation
Recital 28

(28) With a view to constantly assess the performance of the detection technologies and ensure that they are sufficiently reliable, as well as to identify false positives and avoid to the extent erroneous reporting to the EU Centre, providers should ensure human oversight and, where necessary, human intervention, adapted to the type of detection technologies and the type of online child sexual abuse at issue. Such oversight should include regular assessment of the rates of false negatives and positives generated by the technologies, based on an analysis of anonymised representative data samples. In particular where the detection of the solicitation of children in publicly available number independent interpersonal communications is concerned, service providers should ensure regular, specific and detailed human oversight and human verification of conversations identified by the technologies as involving potential solicitation of children.

Amendment 407 #

(29) Providers of hosting services and providers of publicly available interpersonal communications services are uniquely positioned to detect potential online child sexual abuse involving their services. The information that they may obtain when offering their services is often indispensable to effectively investigate and prosecute child sexual abuse offences. Therefore, they should be required to report on potential online child sexual abuse on their services, whenever they become aware of it, that is, when there are reasonable grounds to believe that a particular activity may constitute online child sexual abuse. In such a case, hosting providers and providers of publicly available interpersonal communication services should be required to secure the disclosed child sexual abuse material and any metadata they hold about that material, including metadata which may indicate the author of the file, the time and circumstances of its creation and the modifications made. Where such reasonable grounds exist, doubts about the potential victim’s age should not prevent those providers from submitting reports. In the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Such awareness could, for example, be obtained through the execution of detection orders, information flagged by users or organisations acting in the public interest against child sexual abuse, or activities conducted on the providers’ own initiative. Those providers should report a minimum of information, as specified in this Regulation, for competent law enforcement authorities to be able to assess whether to initiate an investigation, where relevant, and should ensure that the reports are as complete as possible before submitting them. In the event of an investigation, providers should provide any electronic evidence in their possession, as indicated above, upon request by law enforcement authorities.

Amendment 408 #

Proposal for a regulation
Recital 29

(29) Providers of hosting services and providers of publicly available number independent interpersonal communications services are uniquely positioned to detect potential online child sexual abuse involving their services. The information that they may obtain when offering their services is often indispensable to effectively investigate and prosecute child sexual abuse offences. Therefore, they should be required to report on potential online child sexual abuse on their services, whenever they become aware of it, that is, when there are ~~reasonable~~serious grounds to believe that a particular activity may constitute online child sexual abuse. ~~Where such reasonable grounds exist, doubts about the potential victim’s age should not prevent those providers from submitting reports.~~ In the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Such awareness could, for example, be obtained through ~~the execution of detection orders,~~ information flagged by users or organisations acting in the public interest against child sexual abuse, or activities conducted on the providers’ own initiative. TWherever possible, those providers should report a minimum of information, as specified in this Regulation, for competent law enforcement authorities to be able to assess whether to initiate an investigation, where relevant, and should ensure that the reports are as complete as possible before submitting them.

Amendment 409 #

Proposal for a regulation
Recital 29

(29) Providers of hosting services and providers of publicly available interpersonal communications services are uniquely positioned to detect potential online child sexual abuse involving their services. The information that they may obtain when offering their services is often indispensable to effectively investigate and prosecute child sexual abuse offences. Therefore, they should be required to report on potentialnumber independent interpersonal communications services should report on online child sexual abuse on their services, whenever they become aware of it, that is, when there are ~~reasonable~~serious grounds to believe that a particular activity may constitute online child sexual abuse. ~~Where such reasonable grounds exist, doubts about the potential victim’s age should not prevent those providers from submitting reports.~~ In the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Such awareness could, for example, be obtained through the execution of detection orders, information flagged by users or organisations acting in the public interest against child sexual abuse, or activities conducted on the providers’ own initiative. TWherever possible, those providers should report a minimum of information, as specified in this Regulation, for competent law enforcement authorities to be able to assess whether to initiate an investigation, where relevant, and should ensure that the reports are as complete as possible before submitting them.

Amendment 410 #

Proposal for a regulation
Recital 29

(29) Providers of hosting services and providers of publicly available interpersonal communications services are uniquely positioned to detect potential online child sexual abuse involving their services. The information that theyThe information providers may obtain when offering their services is often indispensable to effectively investigate and prosecute child sexual abuse offences. Therefore, they should be required to report on potential online child sexual abuse on their services, whenever they become aware of it, that is, when there are reasonable grounds to believe that a particular activity may constitute online child sexual abuse. Where such reasonable grounds exist, doubts about the potential victim’s age should not prevent those providers from submitting reports. In the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Such awareness could, for example, be obtained through the execution of detection orders, information flagged by users or organisations acting in the public interest againstIn the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. However, nothing in this Regulation should be interpreted as providing for a legal basis for the processing of personal data for the sole purpose of detecting online child sexual abuse, orn a~~ctivities conducted on the providers’ own initiative~~ voluntary basis where a detection order has not been issued. Those providers should report a minimum of information, as specified in this Regulation, for competent law enforcement authorities to be able to assess whether to initiate an investigation, where relevant, and should ensure that the reports are as complete as possible before submitting them.

Amendment 411 #

Proposal for a regulation
Recital 29

(29) Providers of hosting services and providers of publicly available interpersonal communications services are uniquely positioned to detect potential online child sexual abuse involving their services. The information that they may obtain when offering their services is often indispensable to effectively investigate and prosecute child sexual abuse offences. Therefore, they should be required to report on potential online child sexual abuse on their services, whenever they become aware of it, that is, when there are reasonable grounds to believe that a particular activity may constitute online child sexual abuse. Where such reasonable grounds exist, doubts about the potential victim’s age should not prevent those providers from submitting reports. In the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Such awareness could, for example, be obtained through the execution of detection orders, information flagged by users or organisations acting in the public interest against child sexual abuse, or activities conducted on the providers’ own initiativThe providers can obtain such actual knowledge or awareness, inter alia, through its own initiative investigations, as well as through information flagged or notified by users, self-reported by victims or organizations, such as hotlines, acting in the public interest against child sexual abuse. Those providers should report a minimum of information, as specified in this Regulation, for competent law enforcement authorities to be able to assess whether to initiate an investigation, where relevant, and should ensure that the reports are as complete as possible before submitting them so that competent law enforcement authorities can focus on reports that are most likely to lead to recovery of a child, the arrest of an offender, or both.

Amendment 412 #

Proposal for a regulation
Recital 29 a (new)

(29a) It is also crucial that hosting providers and providers of publicly available interpersonal communication services cooperate with law enforcement in relation to the detection of potential online child abuse and the possession of key electronic evidence necessary for the proper prosecution of child sexual abuse cases. Therefore, in order to ensure the effective use of secured child sexual abuse material, it is necessary to legally ensure that providers secure not only the media files and instant messaging content themselves, but also their metadata. Metadata is information about documents/files relating to their content, technical and physical parameters. It also includes information such as the time and place of their creation, information about the devices used in their creation, and about the modifications made to the files. It is reasonable to expect service providers, in the event of the disclosure of child sexual abuse content, to secure it and then hand over, at the request of law enforcement authorities, any data indicated above that constitute electronic evidence in the case. It should be stressed that metadata can constitute important evidence, which will be important for law enforcement in the course of an investigation, and its ephemeral and easily modifiable nature requires it to be secured immediately, as it can contribute to the identification not only of the perpetrator and other persons linked to the uploaded content, but also of the victims

Amendment 413 #

(30) To ensure that online child sexual abuse material is removed as swiftly as possible after its detection,. Any removal or disabling of access should respect the fundamental rights of the users of the service, including the right to freedom of expression and of information. Coordinating Authorities of establishment should have the power to request competent judicial authorities or independent administrative authorities to issue a removal order addressed to providers of hosting services. As removal or disabling of access may affect the right of users who have provided the material concerned, providers should inform such users of the reasons for the removal, to enable them to exercise their right of redress, subject to exceptions needed to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.

Amendment 414 #

Proposal for a regulation
Recital 30

(30) To ensure that online child sexual abuse material is removed as swiftly as possible after its detection, Coordinating Authorities of establishment should have the power to request competent judicial authorities ~~or independent administrative authorities~~ to issue a removal order addressed to providers of hosting services. As removal or disabling of access may affect the right of users who have provided the material concerned, providers should inform such users of the reasons for the removal, to enable them to exercise their right of redress, subject to exceptions needed to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences. Users should be notified in any case whenever a report concerning them is submitted by the EU Center to a competent national authority, in order to be able to exercise their right of redress.

Amendment 415 #

Proposal for a regulation
Recital 30

(30) To ensure that online child sexual abuse material is removed as swiftly as possible after its detection and in order to stop or limit its dissemination, Coordinating Authorities of establishment should have the power to request competent judicial authorities or independent administrative authorities to issue a removal order addressed to providers of hosting services. As removal or disabling of access may affect the right of users who have provided the material concerned, providers should inform such users of the reasons for the removal, to enable them to exercise their right of redress, subject to exceptions needed to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.

Amendment 416 #

Proposal for a regulation
Recital 30

(30) To ensure that online child sexual abuse material is removed as swiftly as possible ~~after its detection,~~. Coordinating Authorities of establishment should have the power to request competent judicial authorities or independent administrative authorities to issue a removal order addressed to providers of hosting services. As removal ~~or disabling of access~~ may affect the right of users who have provided the material concerned, providers should inform such users of the reasons for the removal, to enable them to exercise their right of redress, subject to exceptions needed to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.

Amendment 417 #

Proposal for a regulation
Recital 30

(30) To ensure that online child sexual abuse material is removed as swiftly as possible after its detection, Coordinating Authorities of establishment should have the power to request competent judicial authorities ~~or independent administrative authorities~~ to issue a removal order addressed to providers of hosting services. As removal or disabling of access may affect the right of users who have provided the material concerned, providers should inform such users of the reasons for the removal, to enable them to exercise their right of redress, subject to exceptions needed to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.

Amendment 418 #

Proposal for a regulation
Recital 32

Amendment 419 #

Proposal for a regulation
Recital 32

(32) The obligations of this Regulation do not apply to providers of hosting services that do not offer their services in the Union. However, such services may still be used to disseminate child sexual abuse material to or by users in the Union, causing harm to children and society at large, even if the providers’ activities are not targeted towards Member States and the total numbers of users of those services in the Union are limited. ~~For legal and p~~As every country in the world has ractical reasons, it may not be reasonably possible to have those providers remove or disable access to the material, not even through cooperation with the competent authorities of the third country where they are established. Therefore, in line with existing practices in several Member States, it should be possible to require providers of internet access services to take reasonable measures to block the access of users in the Union to the materialfied either the UN Convention on the Rights of the Child or its optional Protocol on Child Pornography, it should always be possible to have those providers remove or disable access to the material. Where problems arise in relation to specific jurisdictions, all possible diplomatic pressure should be brought to bear by the Commission and Member States to remedy the situation.

Amendment 420 #

Proposal for a regulation
Recital 33

Amendment 421 #

Proposal for a regulation
Recital 33

Amendment 422 #

Proposal for a regulation
Recital 35

(35) ~~The~~Any dissemination of child sexual abuse material ~~is a criminal offence that affects the rights of the victims depicted~~, including the non- consensual dissemination of self generated material is a criminal offence that affects the rights of the victims depicted. Repeated dissemination of child sexual abuse material constitutes a form of revictimisation which could cause long- lasting negative consequences on the victim. Victims should therefore have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant information if known child sexual abuse material depicting them is reported by providers of hosting services or providers of publicly available interpersonal communications services in accordance with this Regulation. Staff dealing with such cases shall be specifically trained to interact with victims of serious abuse.

Amendment 423 #

Proposal for a regulation
Recital 35

(35) The dissemination of child sexual abuse material is a criminal offence that affects the rights of the ~~victim~~survivors depicted. ~~Victim~~Survivors should therefore have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant information if known child sexual abuse material depicting them is reported by providers of hosting services or providers of publicly available interpersonal communications services in accordance with this Regulation and have the right to request the deletion of this child sexual abuse material. In such a case, survivors should have the right to obtain relevant information, upon request, from the EU Centre via the Coordinating Authorities.

Amendment 424 #

Proposal for a regulation
Recital 35

(35) The dissemination of child sexual abuse material is a criminal offence that affects the rights of the victims depicted. Victims or their approved formal representative should therefore have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant information if known child sexual abuse material depicting them is reported or has been removed by providers of hosting services or providers of publicly available number-independent interpersonal communications services in accordance with this Regulation.

Amendment 425 #

Proposal for a regulation
Recital 35

Amendment 426 #

Proposal for a regulation
Recital 35 a (new)

(35a) As pointed out in the Commission Strategy 1a, children themselves need to have the knowledge and tools that could help them not to be confronted with the abuse when possible and they need to be informed that certain behaviours are not acceptable. The Commission-funded network of Safer Internet Centres raises awareness on online safety and provides information, resources and assistance via helplines and hotlines on a wide range of digital safety topics including grooming and sexting. The One in Five campaign by the Council of Europe and Europol’s “#SayNo” initiative are further examples of how this can be done. When abuse occurs, children need to feel secure and empowered to speak up, react and report, even when the abuse comes from within their circle of trust, as it is often the case. They also need to have access to safe, accessible and age-appropriate channels to report the abuse without fear. As stated in the Recommendation of the UN Committee on the Rights of the Child 1b, state parties should ensure that digital literacy is taught in schools, as part of basic education curricula, from the preschool level and throughout all school years, and that such pedagogies are assessed on the basis of their results. Curricula should include the knowledge and skills to safely handle a wide range of digital tools and resources, including those relating to content, creation, collaboration, participation, socialization and civic engagement EU strategy for a more effective fight against child sexual abuse. _________________ 1a COM(2020) 607 final, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU strategy for a more effective fight against child sexual abuse 1b CRC/C/GC/25 , General comment No. 25 (2021) on children’s rights in relation to the digital environment from UN Committee on the Rights of the Child

Amendment 427 #

Proposal for a regulation
Recital 36

(36) In order to prevent children falling victim to online abuse, providers for which there is evidence that their service is routinely or systematically used for the purpose of online child sexual abuse should provide reasonable assistance, by putting in place alert and alarm mechanisms in a prominent way on their platforms. The alert mechanism could consist of, for example, linking potential victims to the local services such as helplines, victims` rights and support organisations or hotlines. They should ensure adequate follow-up, when a report or alert is made, in the language chosen by the user for using their service. Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to ~~be assisted by the EU Centre in this regard, via the Coordinating Authorities.~~ receive adequate psycho-social, child friendly and gender-sensitive support and to be assisted by the EU Centre and its relevant partners, such as child helplines or other psycho-social support mechanisms in this regard, via the Coordinating Authorities. Member States should establish and improve the functioning of child helplines and hotlines, including through funding and capacity building, in line with article 96 of Directive (EU) 2018/1972. Victim identification is key not only for tracking down online child sexual abuse but also to prevent victimisation, and to stop further spread of damaging material and to ensure that victims can benefit from available assistance. Such victim identification however, requires a high degree of specialisation and adequate resources. Therefore the European Cybercrime Centre`s efforts in victim identification should be complemented at national level.

Amendment 428 #

Proposal for a regulation
Recital 36

(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by the EU Centre in this regard, via the Coordinating Authorities. Providers should create and run an accesible, age-appropriate and user- friendly mechanism allowing users to flag any instances of potential online child sexual abuse on their platform. The providers should also offer reasonable assistance to the users who report these cases, such as implementing visible alert and alarm systems on their platforms, as well as providing links to local organizations such as hotlines, helplines, or victims' rights organizations, to assist potential victims.

Amendment 429 #

(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims or their legal representatives who request the removal or disabling of access of the material in question. That assistance should be user friendly and remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by ~~the~~specifically trained EU Centre staff in this regard, via the Coordinating Authorities.

Amendment 430 #

Proposal for a regulation
Recital 36

(36) Given the impact on the rights of ~~victim~~survivors depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist ~~victim~~survivors who request the removal o~~r disabling of access o~~f the material in question in a timely manner, in order to minimise the impact that such offences have on the physical and mental health of the minor. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing ~~or disabling access to~~ the items. Considering that carrying out the activities needed to obtain such removal ~~or disabling of access~~ can be painful or even traumatic as well as complex, ~~victim~~survivors should also have the right to receive adequate support and to be assisted by the EU Centre in this regard, via the Coordinating Authorities.

Amendment 431 #

Proposal for a regulation
Recital 37

(37) To ensure the efficient management of such ~~victim~~survivor support functions, ~~victims shoul~~survivors should be informed about the existence of such functions and be allowed to contact and rely on the Coordinating Authority that is most accessible to them, which should channel all communications between ~~victim~~survivors and the EU Centre.

Amendment 432 #

Proposal for a regulation
Recital 38

(38) For the purpose of facilitating the exercise of the ~~victim~~survivors’ right to information and of assistance and support for removal ~~or disabling of access, victim~~, survivors should be allowed to indicate the relevant item or items of child sexual abuse material in respect of which they are seeking to obtain information or removal ~~or disabling of access~~ either by means of providing the image or images or the video or videos themselves, or by means of providing the uniform resource locators leading to the specific item or items of child sexual abuse material, or by means of any other representation allowing for the unequivocal identification of the item or items in question.

Amendment 433 #

Proposal for a regulation
Recital 44

Amendment 434 #

Proposal for a regulation
Recital 44

Amendment 435 #

Proposal for a regulation
Recital 44

Amendment 436 #

Proposal for a regulation
Recital 48

(48) Given the need to ensure the effectiveness of the obligations imposed, Coordinating Authorities should be granted enforcement powers to address infringements of this Regulation. These powers should include the power to temporarily restrict access of users of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider on which the infringement takes place. In light of the high level of interference with the rights of the service providers that such a power entails, the latter should only be exercised when certain conditions are met. Those conditions should include the condition that the infringement results in the regular and structural facilitation of child sexual abuse offences, which should be understood as referring to a situation in which it is apparent from all available evidence that such facilitation has occurred on a large scale and over an extended period of time.

Amendment 437 #

Proposal for a regulation
Recital 49

(49) In order to verify that the rules of this Regulation, in particular those on mitigation measures and on the execution of detection orders, or removal orders ~~or blocking orders~~ that it issued, are effectively complied ~~in practice~~with, each Coordinating Authority should be able to carry out searches, using the relevant indicators provided by the EU Centre, to detect the dissemination of known or new child sexual abuse material through publicly available material in the hosting services of the providers concernedrelevant searches.

Amendment 438 #

Proposal for a regulation
Recital 49

Amendment 439 #

Proposal for a regulation
Recital 49

(49) In order to verify that the rules of this Regulation, in particular those on mitigation measures and ~~on the execution of detection orders, removal orders or blocking~~, removal orders that it issued, are effectively complied in practice, each Coordinating Authority should be able to carry out searches, ~~using the relevant indicators provided by the EU Centre,~~ to detect the dissemination of known ~~or new~~ child sexual abuse material through publicly available material in the hosting services of the providers concerned.

Amendment 440 #

Proposal for a regulation
Recital 49

(49) In order to verify that the rules of this Regulation, in particular those on mitigation measures and on the execution of voluntary detection orders, ~~removal orders or block~~detection, removal, blocking or delisting orders that it issued, are effectively complied in practice, each Coordinating Authority should be able to carry out searches, using the relevant indicators provided by the EU Centre, to detect the dissemination of known or new child sexual abuse material through publicly available material in the hosting services of the providers concerned.

Amendment 441 #

Proposal for a regulation
Recital 49 a (new)

(49a) Detection orders, which would require communication service providers to monitor their users' online activities for the purpose of detecting child sexual abuse material (CSAM), should only be imposed as a last resort in cases where a provider is found to be acting in bad faith and failing to cooperate with competent authorities. The use of detection orders should be proportionate, necessary, and subject to strict safeguards, and should only be authorized by a judicial authority or other independent oversight body. In any case, users should not be punished for merely using a communication service, and any measures taken to detect or remove CSAM should be implemented in a manner that respects users' privacy and other fundamental rights.

Amendment 442 #

Proposal for a regulation
Recital 50

(50) With a view to ensuring that providers of hosting services are aware of the misuse made of their services and to ~~afford them an opportunity~~require them to take expeditious action to remove or disable access ~~on a voluntary basis~~, Coordinating Authorities of establishment should be able to notify those providers of the presence of known child sexual abuse material on their services and ~~requesting~~order removal or disabling of access thereof, for the providers’ voluntary consideration. Such notifying activities should be clearly distinguished from the Coordinating Authorities’ powers under this Regulation to request the issuance of removal orders, which impose on the provider concerned a binding legal obligation to remove or disable access to the material in question within a set time period.

Amendment 443 #

Proposal for a regulation
Recital 50

(50) With a view to ensuring that providers of hosting services are aware of the misuse made of their services and to afford them an opportunity to take expeditious action to remove ~~or disable access~~ on a voluntary basis, Coordinating Authorities of establishment should be able to notify those providers of the presence of known child sexual abuse material on their services and requesting removal ~~or disabling of access~~ thereof, for the providers’ voluntary consideration. Such notifying activities should be clearly distinguished from the Coordinating Authorities’ powers under this Regulation to request the issuance of removal orders, which impose on the provider concerned a binding legal obligation to remove ~~or disable access to~~ the material in question within a set time period.

Amendment 444 #

Proposal for a regulation
Recital 55

(55) It is essential for the proper functioning of the system of mandatory detection and blocking of online child sexual abuse set up by this Regulation that the EU Centre receives, via the Coordinating Authorities, material identified as constituting child sexual abuse material or transcripts of conversations identified as constituting the solicitation of children, such as may have been found for example during criminal investigations, so that that material or conversations can serve as an accurate and reliable basis for the EU Centre to generate indicators of such abuses. In order to achieve that result, the identification should be made after a diligent assessment, conducted in the context of a procedure that guarantees a fair and objective outcome, either by the Coordinating Authorities themselves or by a court or another independent administrative authority than the Coordinating Authority. Whilst the swift assessment, identification and submission of such material is important also in other contexts, it is crucial in connection to new child sexual abuse material and the solicitation of children reported under this Regulation, considering that this material can lead to the identification of ongoing or imminent abuse and the rescuing of victims. Therefore, specific time limits should be set in connection to such reporting.deleted

Amendment 445 #

Proposal for a regulation
Recital 55

(55) It is essential for the proper functioning of ~~the system of mandatory detection and blocking of online child sexual abuse set up by~~ this Regulation that the EU Centre receives, via the Coordinating Authorities, material identified as constituting child sexual abuse material ~~or transcripts of conversations identified as constituting the solicitation of children~~, such as may have been found for example during criminal investigations, so that that material ~~or conversations~~ can serve as an accurate and reliable basis for the EU Centre to generate indicators of such abuses. In order to achieve that result, the identification should be made after a diligent assessment, conducted in the context of a procedure that guarantees a fair and objective outcome, either by the Coordinating Authorities themselves or by a court ~~or another independent administrative authority than the Coordinating Authority~~. Whilst the swift assessment, identification and submission of such material is important also in other contexts, it is crucial in connection to new child sexual abuse material ~~and the solicitation of children reported under this Regulation~~, considering that this material can lead to the identification of ongoing or imminent abuse and the rescuing of victims. Therefore, specific time limits should be set in connection to such reporting.

Amendment 446 #

Proposal for a regulation
Recital 55

(55) It is essential for the proper functioning of the system of mandatory detection ~~and blocking of online~~of child sexual abuse set up by this Regulation that the EU Centre receives, via the Coordinating Authorities, material identified as constituting child sexual abuse material ~~or transcripts of conversations identified as constituting the solicitation of children~~, such as may have been found for example during criminal investigations, so that that material ~~or conversations~~ can serve as an accurate and reliable basis for the EU Centre to generate indicators of such abuses. In order to achieve that result, the identification should be made after a diligent assessment, conducted in the context of a procedure that guarantees a fair and objective outcome, either by the Coordinating Authorities themselves or by a court or another independent administrative authority than the Coordinating Authority. Whilst the swift assessment, identification and submission of such material is important also in other contexts, it is crucial in connection to new child sexual abuse material ~~and the solicitation of children~~ reported under this Regulation, considering that this material can lead to the identification of ongoing or imminent abuse and the rescuing of victims. Therefore, specific time limits should be set in connection to such reporting.

Amendment 447 #

Proposal for a regulation
Recital 55 a (new)

(55a) All communications containing illegal material should be encrypted to state of the art standards, all access by staff to such content should be limited to what is necessary and thoroughly logged. All such logs should be stored for a minimum of ten years.

Amendment 448 #

Proposal for a regulation
Recital 56

Amendment 449 #

Proposal for a regulation
Recital 56

Amendment 450 #

Proposal for a regulation
Recital 56

Amendment 451 #

Proposal for a regulation
Recital 57

(57) Certain providers of relevant information society services offer their services in several or even all Member States, whilst under this Regulation only a single Member State has jurisdiction in respect of a given provider. It is therefore imperative that the Coordinating Authority designated by the Member State having jurisdiction takes account of the interests of all users in the Union when performing its tasks and using its powers, without making any distinction depending on elements such as the users’ location or nationality, and that Coordinating Authorities cooperate with each other in an effective and efficient manner. To facilitate such cooperation, the necessary mechanisms and information- sharing systems should be provided for. That cooperation shall be without prejudice to the possibility for Member States to provide for regular exchanges of views with other public authorities where relevant for the performance of the tasks of those other authorities and of the Coordinating Authority and receive reports concerning the trends in the dissemination and monetisation of child sexual abuse material from relevant organisations acting in the public interest against child sexual abuse and other stakeholders, including service providers.

Amendment 452 #

Proposal for a regulation
Recital 58

(58) In particular, in order to facilitate the cooperation needed for the proper functioning of the mechanisms set up by this Regulation, the EU Centre should establish and maintain the necessary information-sharing systems. When establishing and maintaining such systems, the EU Centre should cooperate with the European Union Agency for Law Enforcement Cooperation (‘Europol’) and national authorities to build on existing systems and best practices, where relevant.

Amendment 453 #

Proposal for a regulation
Recital 58

(58) In particular, in order to facilitate the cooperation needed for the proper functioning of the mechanisms set up by this Regulation, the EU Centre should establish and maintain the necessary secure information-sharing systems. When establishing and maintaining such systems, the EU Centre should cooperate with the European Union Agency for Law Enforcement Cooperation (‘Europol’) and national authorities to build on existing systems and best practices, where relevant.

Amendment 454 #

Proposal for a regulation
Recital 59

Amendment 455 #

Proposal for a regulation
Recital 60

(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of ~~the detection, reporting and block~~reporting obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of ~~or disabling of~~ access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge and expertise related to online child sexual abuse.

Amendment 456 #

Proposal for a regulation
Recital 60

(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the detection, reporting and blocking obligations imposed on providers of hosting services, providers of publicly available number independent interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge and expertise related to online child sexual abuse.

Amendment 457 #

Proposal for a regulation
Recital 60

(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the ~~detection, reporting and blocking~~ obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge and expertise related to online child sexual abuse.

Amendment 458 #

Proposal for a regulation
Recital 61

(61) The EU Centre should provide reliable information on which activities can reasonably be considered to constitute online child sexual abuse, so as to enable the detection and blocking thereof in accordance with this Regulation. Given the nature of child sexual abuse material, that reliable information needs to be provided without sharing the material itself. Therefore, the EU Centre should generate accurate and reliable indicators, based on identified child sexual abuse material and solicitation of children submitted to it by Coordinating Authorities in accordance with the relevant provisions of this Regulation. These indicators should allow technologies to detect the dissemination of either the same material (known material) or of different child sexual abuse material (new material), or the solicitation of children, as applicable.deleted

Amendment 459 #

Proposal for a regulation
Recital 61

Amendment 460 #

Proposal for a regulation
Recital 61 a (new)

(61a) The EU Centre should be charged with the provision of assistance to Coordinating Authorities, as well as the generation of research, prevention techniques and sharing of knowledge, best practices and expertise related to online child sexual abuse, successful initiatives on digital skills and competences in an age appropriate manner, including media literacy, on sex education, and reacting timely to the evolving trends of child sexual abuse material dissemination.

Amendment 461 #

Proposal for a regulation
Recital 62

(62) For the system established by this Regulation to function properly, the EU Centre should be charged with creating databases for each of those three types of online child sexual abuse, and with maintaining and operating those databases. For accountability purposes and to allow for corrections where needed, it should keep records of the submissions and the process used for the generation of the indicators.deleted

Amendment 462 #

Proposal for a regulation
Recital 63

(63) For the purpose of ensuring the traceability of the reporting process and of any follow-up activity undertaken based on reporting, as well as of allowing for the provision of feedback on reporting to providers of hosting services and providers of publicly available number independent interpersonal communications services, generating statistics concerning reports and the reliable and swift management and processing of reports, the EU Centre should create a dedicated database of such reports. To be able to fulfil the above purposes, that database should also contain relevant information relating to those reports, such as the indicators representing the material and ancillary tags, which can indicate, for example, the fact that a reported image or video is part of a series of images and videos depicting the same victim or victims.

Amendment 463 #

Proposal for a regulation
Recital 63

(63) For the purpose of ensuring the traceability of the reporting process and of any follow-up activity undertaken based on reporting, as well as of allowing for the provision of feedback on reporting to providers of hosting services and providers of publicly available interpersonal communications services, generating statistics concerning reports and the reliable and swift management and processing of reports, the EU Centre should create a dedicated database of such reports. To be able to fulfil the above purposes, that database should also contain relevant information relating to those reports, such as the indicators representing the material and ancillary tags, which can indicate, for example, the fact that a reported image or video is part of a series of images and videos depicting the same ~~victim or victim~~survivor or survivors.

Amendment 464 #

Proposal for a regulation
Recital 64

(64) Given the sensitivity of the data concerned and with a view to avoiding any errors and possible misuse, it is necessary to lay down strict rules on the access to those databases of ~~indicators and databases of~~ reports, on the data contained therein and on their security. In particular, the data concerned should not be stored for longer than is strictly necessary. For the above reasons, access to the database of indicators should be given only to the parties and for the purposes specified in this Regulation, subject to the controls by the EU Centre, and be limited in time and in scope to what is strictly necessary for those purposes.

Amendment 465 #

Proposal for a regulation
Recital 64

(64) Given the sensitivity of the data concerned and with a view to avoiding any errors and possible misuse, it is necessary to lay down strict rules on the access to those databases of indicators and databases of reports, on the data contained therein and on their security. Such rules should be always handled by staff specifically trained for that purpose. In particular, the data concerned should not be stored for longer than is strictly necessary. For the above reasons, access to the database of indicators should be given only to the parties and for the purposes specified in this Regulation, subject to the controls by the EU Centre, and be limited in time and in scope to what is strictly necessary for those purposes.

Amendment 466 #

Proposal for a regulation
Recital 65

(65) In order to avoid erroneous reporting of online child sexual abuse under this Regulation and to allow law enforcement authorities to focus on their core investigatory tasks without receiving an overwhelming quantity of false positives, reports should pass through the EU Centre. The EU Centre should thoroughly assess those reports in order to identify those that are ~~manifestly~~ unfounded, that is, where it is ~~immediately evident, without any~~evident, including after substantive legal orand factual analysis, that the reported activities do not constitute online child sexual abuse. Where the report is ~~manifestly~~ unfounded, the EU Centre should provide feedback to the reporting provider of hosting services or provider of publicly available interpersonal communications services in order to allow for improvements in the technologies and processes used and for other appropriate steps, such as reinstating material wrongly removed. As every report could be an important means to investigate and prosecute the child sexual abuse offences concerned and to rescue the victim of the abuse, reports should be processed as quickly as possible.

Amendment 467 #

Proposal for a regulation
Recital 65

(65) In order to avoid erroneous reporting of online child sexual abuse under this Regulation and to allow law enforcement authorities to focus on their core investigatory tasks, reports should pass through the EU Centre. The EU Centre should assess those reports in order to identify those that are manifestly unfounded, that is, where it is immediately evident, without any substantive legal or factual analysis, that the reported activities do not constitute online child sexual abuse. Where the report is manifestly unfounded, the EU Centre should provide feedback to the reporting provider of hosting services or provider of publicly available number independent interpersonal communications services in order to allow for improvements in the technologies and processes used and for other appropriate steps, such as reinstating material wrongly removed. As every report could be an important means to investigate and prosecute the child sexual abuse offences concerned and to rescue the victim of the abuse, reports should be processed as quickly as possible.

Amendment 468 #

Proposal for a regulation
Recital 65

(65) In order to avoid erroneous reporting of online child sexual abuse under this Regulation and to allow law enforcement authorities to focus on their core investigatory tasks, reports should pass through the EU Centre. The EU Centre should assess those reports in order to identify those that are manifestly unfounded, that is, where it is immediately evident, without any substantive legal or factual analysis, that the reported activities do not constitute online child sexual abuse. Where the report is manifestly unfounded, the EU Centre should provide feedback to the reporting provider of hosting services or provider of publicly available number independent interpersonal communications services in order to allow for improvements in the technologies and processes used and for other appropriate steps, such as reinstating material wrongly removed. As every report could be an important means to investigate and prosecute the child sexual abuse offences concerned and to rescue the victim of the abuse, reports should be processed as quickly as possible.

Amendment 469 #

Proposal for a regulation
Recital 66

(66) With a view to contributing to the effective application of this Regulation and the protection of victims’ rights, the EU Centre should be able, upon request, to support victims and to assist Competent Authorities by conducting searches of hosting services for the dissemination of known child sexual abuse material that is publicly accessible, using the corresponding indicators. Where it identifies such material after having conducted such a search, the EU Centre should also ~~be able to request~~send the provider of the hosting service concerned ~~to remove or disable access to the item or items in question, given that the provider may not be aware of their presence and may be willing to do so on a voluntary basis~~a notice of this manifestly illegal content.

Amendment 470 #

Proposal for a regulation
Recital 66

(66) With a view to contributing to the effective application of this Regulation and the protection of ~~victim~~survivors’ rights, the EU Centre should be able, upon request, to support ~~victim~~survivors and to assist Competent Authorities by conducting searches of hosting services for the dissemination of known child sexual abuse material that is publicly accessible~~, using the corresponding indicators~~.. Where it identifies such material after having conducted such a search, the EU Centre should also be able to request the provider of the hosting service concerned to ~~remove or disable access to~~ the item or items in question, given that the provider may not be aware of their presence and may be willing to do so on a voluntary basis.

Amendment 471 #

Proposal for a regulation
Recital 67

(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse, including on the successful initiatives and good practices on the proactive search for online child sexual material, trends in its creation and monetisation, as well as the voluntary prevention, detection and mitigation of online child sexual abuse. In this connection, the EU Centre should cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned.

Amendment 472 #

Proposal for a regulation
Recital 67

(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse, including lessons learned from, prevention and awareness raising campaigns. In this connection, the EU Centre should cooperate with relevant stakeholders ~~from both within and outside the Union~~ and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned on creating safe digital experiences for children and promoting their empowerment and active participation in the digital environment.

Amendment 473 #

Proposal for a regulation
Recital 68

(68) Processing and storing certain personal data is necessary for the performance of the EU Centre’s tasks under this Regulation. In order to ensure that such personal data is adequately protected, the EU Centre should only process and store personal data if strictly necessary for the purposes detailed in this Regulation. It should do so in a secure manner, use state of the art encryption, and limit storage to what is strictly necessary for the performance of the relevant tasks. It should ensure adequate protection of its infrastructure and implement facilities access control, storage control, user control, control of data entry, data access control, communication control, input control, transport control, personnel profiles procedures, incident and recovery procedures, and ensure the reliability and integrity of its databases.

Amendment 474 #

Proposal for a regulation
Recital 69

(69) In order to allow for the effective and efficient performance of its tasks, the EU Centre should closely cooperate with Coordinating Authorities, ~~the Europol~~ and relevant partner organisations, such as the US National Centre for Missing and Exploited Children or the International Association of Internet Hotlines (‘INHOPE’) network of hotlines for reporting child sexual abuse material, within the limits sets by this Regulation and other legal instruments regulating their respective activities. To facilitate such cooperation, the necessary arrangements should be made, including the designation of contact officers by Coordinating Authorities and the conclusion of ~~memoranda of understanding~~a working arrangement with Europol and, where appropriate, with one or more of the relevant partner organisations.

Amendment 475 #

Proposal for a regulation
Recital 69 a (new)

(69a) In order to strenghten prevention measures, the EU Centre shall cooperate with relevant national authorities to identify possible new patterns regarding child sexual abuse material as well as to lay down and disseminate contents to raise awareness and prevent child sexual abuse.

Amendment 476 #

Lucia ĎURIŠ NICHOLSONOVÁ, Fabienne KELLER, Jana TOOM

Proposal for a regulation
Recital 69 b (new)

(69b) To make the best use of survivors knowledge, the EU Centre shall consult with victims organisations and helplines to set up and improve victims support mechanisms as well as to analyse and explore new forms of online sexual abuses.

Amendment 477 #

Proposal for a regulation
Recital 70

(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. This role played by hotlines should be reinforced and they should continue to facilitate this fight. Each Member State should ensure that at least one official hotline is operating in its territory. The EU Centre should leverage the network of hotlines and encourage that they work together effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union. Anonymous public reporting is crucial to countering child sexual abuse and hotlines have created a worldwide network and procedures for the child sexual abuse identification and removal. Member States should ensure that the public has the possibility to anonymously report child sexual abuse material and child sexual exploitation activities to hotlines specialised in combatting online child sexual abuse material and shall safeguard the role of such hotlines in anonymous public reporting. The promotion of hotlines by the EU Centre and the Coordinating Authorities through the educational systems of Member States in order to educate youth and reach potential victims is of great importance. The experience of hotlines and other non- governmental organizations involved in reporting or proactive searching of child sexual abuse material and expertise should help the EU Centre and Coordinating Authorities to design appropriate prevention techniques and awareness campaigns and keeping the databases of indicators up to date.

Amendment 478 #

Proposal for a regulation
Recital 71

Amendment 479 #

Proposal for a regulation
Recital 72

(72) Considering the need for the EU Centre to cooperate intensively with Europol, the EU Centre’s headquarters should be located alongside Europol’s, which is located in The Hague, the Netherlands. The highly sensitive nature of the reports shared with Europol by the EU Centre and the technical requirements, such as on secure data connections, both benefit from a shared location between the EU Centre and Europol. It would also allow the EU Centre, while being an independent entity, to rely on the support services of Europol, notably those regarding human resources management, information technology (IT), including cybersecurity, the building and communications. Sharing such support services is more cost-efficient and ensure a more professional service than duplicating them by creating them anew.deleted

Amendment 480 #

Proposal for a regulation
Recital 72

Amendment 481 #

Proposal for a regulation
Recital 72

(72) ~~Considering the need for the EU Centre to cooperate intensively with Europol, the EU Centre’s headquarters should be located alongside Europol’s, which is locat~~The EU Centre’s headquarters should be decided ion The Hague, the Netherlands. The highly sensitive nature of the reports shared with Europol by the EU Centre and the technical requirements, such as on secure data connections, both benefit from a shared location between the EU Centre and Europol. It would also allow the EU Centre, while being an independent entity, to rely on the support services of Europol, notably those regarding human resources management, information technology (IT), including cybersecurity, the building and communications. Sharing such support services is more cost-efficient and ensure a more professional service than duplicating them by creating them anewthe basis of objective criterias between the Parliament and the Council in an ordinary legislative procedure.

Amendment 482 #

Proposal for a regulation
Recital 72

Amendment 483 #

Proposal for a regulation
Recital 72 a (new)

(72a) Considering that a relevant number of child sexual material online present in the internal market is produced in Third countries, the EU Centre should cooperate with competent services in relevant international forum to prevent child sexual abuses at global level.

Amendment 484 #

Proposal for a regulation
Recital 74

(74) In view of the need for technical expertise in order to perform its tasks, ~~in particular the task of providing a list of technologies that can be used for detection,~~ the EU Centre should have a Technology Committee composed of experts with advisory function. The Technology Committee may, in particular, provide expertise to support the work of the EU Centre, within the scope of its mandate, with respect to matters related to detection of online child sexual abuse, to support the EU Centre in contributing to a high level of technical standards and safeguards in detection technology.

Amendment 485 #

Proposal for a regulation
Recital 74

(74) In view of the need for technical expertise in order to perform its tasks, in particular the task of providing a list of technologies that can be used for detection, the EU Centre should have a Technology Committee composed of experts with advisory function. The Technology Committee may, in particular, provide expertise to support the work of the EU Centre, within the scope of its mandate, with respect to matters related to detection of online child sexual abuse, to support the EU Centre in contributing to a high level of technical standards and safeguards in detection technology, and the evolution of those technologies and developping new ones.

Amendment 486 #

Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Maite PAGAZAURTUNDÚA, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Recital 74

(74) In view of the need for technical expertise in order to perform its tasks, in particular the task of providing a list of technologies that can be used for detection, the EU Centre should have a Technology Committee composed of experts with advisory function. The Technology Committee may, in particular, provide expertise to support the work of the EU Centre, within the scope of its mandate, with respect to matters related to detection and prevention of online child sexual abuse, to support the EU Centre in contributing to a high level of technical standards and safeguards in detection technology.

Amendment 487 #

Proposal for a regulation
Recital 74 a (new)

(74a) The Technology Committee could therefore establish a certification for technologies which could be used by online service providers to detect child sexual abuse material on their request.

Amendment 488 #

Proposal for a regulation
Recital 75

Amendment 489 #

Proposal for a regulation
Recital 75

(75) In the interest of transparency and accountability and to enable evaluation and, where necessary, adjustments, providers of hosting services, providers of publicly available number independent interpersonal communications services and providers of internet access services, Coordinating Authorities and the EU Centre should be required to collect, record and analyse information, based on anonymised gathering of non-personal data and to publish annual reports on their activities under this Regulation. The Coordinating Authorities should cooperate with Europol and with law enforcement authorities and other relevant national authorities of the Member State that designated the Coordinating Authority in question in gathering that information.

Amendment 490 #

Proposal for a regulation
Recital 75

(75) In the interest of transparency and accountability and to enable evaluation and, where necessary, adjustments, providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services, Coordinating Authorities and the EU Centre should be required to collect, record and analyse information, based on ~~anonymised~~ gathering of non- personal data and to publish annual reports on their activities under this Regulation. The Coordinating Authorities should cooperate with Europol and with law enforcement authorities and other relevant national authorities of the Member State that designated the Coordinating Authority in question in gathering that information.

Amendment 491 #

Proposal for a regulation
Recital 76

(76) In the interest of good governance and drawing on the statistics and information gathered and transparency reporting mechanisms provided for in this Regulation, the Commission should carry out an evaluation of this Regulation within ~~five~~two years of the date of its entry into force, and every ~~five~~two years thereafter.

Amendment 492 #

Proposal for a regulation
Recital 77

(77) The evaluation should be based on the criteria of efficiency, necessity, effectiveness, proportionality, relevance, coherence and Union added value. It should assess the functioning of the different operational and technical measures provided for by this Regulation, including the effectiveness of measures to enhance the detection, reporting and removal of online child sexual abuse, the effectiveness of safeguard mechanisms as well as the impacts on potentially affected fundamental rights, the freedom to conduct a business, the right to private life and the protection of personal data. The Commission should also assess the impact on potentially affected interests of third parties.

Amendment 493 #

Proposal for a regulation
Recital 78

(78) Regulation (EU) 2021/1232 of the European Parliament and of the Council45provides for a temporary solution in respect of the use of technologies by certain providers of publicly available number independentinterpersonal communications services for the purpose of combating online child sexual abuse, pending the preparation and adoption of a long-term legal framework. This Regulation provides that long-term legal framework. Regulation (EU) 2021/1232 should therefore be repealed. _________________ 45 Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number- independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse (OJ L 274, 30.7.2021, p. 41).

Amendment 494 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1

This Regulation lays down uniform rules to address the misuse of relevant information society services for online child sexual abuse, in ~~the internal market.~~ order to contribute to the proper functioning of the internal market and to create a safe, predictable and trusted online environment that facilitates innovation and in which fundamental rights enshrined in the Charter are effectively protected.

Amendment 495 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1

This Regulation lays down uniform rules to address the ~~mis~~use of relevant information society services for online child sexual abuse in ~~the internal market~~order to contribute to the proper functioning of the internal market and to create a safe, predictable and trusted online environment where fundamental rights enshrined in the Charter are effectively protected.

Amendment 496 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Abir AL-SAHLANI, Michal ŠIMEČKA, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1

This Regulation lays down uniform rules to address the misuse of relevant information society services for online child sexual abuse in the internal market. by persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children.

Amendment 497 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1

This Regulation lays down uniform rules to prevent and address the misuse of relevant information society services for online child sexual abuse in the internal market.

Amendment 498 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1

This Regulation lays down uniform rules to prevent and address the ~~mis~~use of relevant information society services for online child sexual abuse in the internal market.

Amendment 499 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b

(b) obligations on providers of hosting services and providers of interpersonal communication services to detect and report online child sexual abuse where there is reasonable cause to suspect such illegal behaviour;

Amendment 500 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b

(b) obligations on providers of hosting services and providers of publicly available number-independent interpersonal communication services to detect and report online child sexual abuse in specific cases;

Amendment 501 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b

(b) obligations on providers of hosting services and providers of number independent interpersonal communications services to ~~detect and~~ report online child sexual abuse and to cooperate with the EU Centre;

Amendment 502 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b

(b) obligations on providers of hosting services and providers of number- independent interpersonal communication services to detect and report online child sexual abuse;

Amendment 503 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b

(b) obligations on providers of hosting services and providers of number- independent interpersonal communication services to detect and report online child sexual abuse;

Amendment 504 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b

(b) obligations on providers of hosting services and providers of interpersonal communication services to ~~detect and report online child sexual abus~~cooperate with the EU Centre;

Amendment 505 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point c

(c) obligations on providers of hosting services to remove or disable access to known child sexual abuse material on their services;

Amendment 506 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point c

(c) obligations on providers of hosting services to remove ~~or disable access to~~ child sexual abuse material on their services;

Amendment 507 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point c

(c) obligations on providers of hosting services to remove ~~or disable access to~~ child sexual abuse material on their services;

Amendment 508 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point c

(c) obligations on providers of hosting services to remove ~~or disable access to~~ child sexual abuse material on their services;

Amendment 509 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point c

(c) obligations on providers of hosting services to remove ~~or disable access to~~known child sexual abuse material on their services;

Amendment 510 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d

~~(d) obligations on providers of internet access services to disable access to child sexual abuse material;~~deleted

Amendment 511 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d

~~(d) obligations on providers of internet access services to disable access to child sexual abuse material;~~deleted

Amendment 512 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d

~~(d) obligations on providers of internet access services to disable access to child sexual abuse material;~~deleted

Amendment 513 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d

~~(d) obligations on providers of internet access services to disable access to child sexual abuse material;~~deleted

Amendment 514 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d

(d) obligations on providers of internet access services to disable access to known child sexual abuse material;

Amendment 515 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d a (new)

(da) obligations on providers of online search engines and any other artificial intelligence systems to delist or disable specific items of child sexual abuse, or both;

Amendment 516 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d a (new)

(da) obligations on providers of online search engines to delist websites which were determined to host child sexual abuse material;

Amendment 517 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point e

(e) rules on the implementation and enforcement of this Regulation, including as regards the designation and functioning of the competent authorities of the Member States~~, the EU Centre on Child Sexual Abuse established in Article 40 (‘EU Centre’) and cooperation and transparency.~~;

Amendment 518 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point e a (new)

(ea) rules on the designation, functioning, cooperation, transparency and powers of the EU Centre on Child Sexual Abuse established in Article 40 (‘EU Centre’);

Amendment 519 #

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point e a (new)

(ea) Obligations on providers of online games.

Amendment 520 #

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2a. This Regulation shall only apply to services normally provided for remuneration.

Amendment 521 #

Proposal for a regulation
Article 1 – paragraph 2 b (new)

2b. This Regulation does not apply to audio communications.

Amendment 522 #

Proposal for a regulation
Article 1 – paragraph 3 – point b

(b) Directive 2000/31/EC and Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065 (Digital Services Act);

Amendment 523 #

Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)

(ba) Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online;

Amendment 524 #

Proposal for a regulation
Article 1 – paragraph 3 – point d

(d) Regulation (EU) 2016/679, Directive 2016/680, Regulation (EU) 2018/1725, and~~, subject to paragraph 4 of this Article,~~ Directive 2002/58/EC.

Amendment 525 #

Proposal for a regulation
Article 1 – paragraph 3 – point d

(d) Regulation (EU) 2016/679, Directive 2016/680, Regulation (EU) 2018/1725, and~~, subject to paragraph 4 of this Article,~~ Directive 2002/58/EC.

Amendment 526 #

Proposal for a regulation
Article 1 – paragraph 3 – point d

(d) Regulation (EU) 2016/679, Directive 2016/680, Regulation (EU) 2018/1725, and~~, subject to paragraph 4 of this Article,~~ Directive 2002/58/EC.

Amendment 527 #

Proposal for a regulation
Article 1 – paragraph 3 – point d a (new)

(da) Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive)"

Amendment 528 #

Proposal for a regulation
Article 1 – paragraph 3 – point d a (new)

(da) Directive (EU) 2022/2555 of the European Parliament and the Council of 14 December 2022 on measures for high common level of cybercecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972 and repealing Directive (EU) 2016/1148 (NIS 2 Directive);

Amendment 529 #

Proposal for a regulation
Article 1 – paragraph 3 – point d a (new)

(da) Regulation (EU) …/… [laying down harmonised rules on artificial intelligence (Artificial Intelligence Act);

Amendment 530 #

Proposal for a regulation
Article 1 – paragraph 3 a (new)

3a. Nothing in this Regulation shall be interpreted as prohibiting, restricting or undermining, including de-facto, the provision or use of encrypted and end-to- end encrypted services. Providers shall not in particular be prohibited or discouraged from offering end-to-end encrypted services, and the provision of such services shall not be made, including de-facto, difficult, financially unsustainable, or impossible.

Amendment 531 #

Proposal for a regulation
Article 1 – paragraph 3 a (new)

3a. This regulation shall not have the effect of modifying the obligation to respect the rights, freedom and principles referred to in Article 6 TEU and shall apply without prejudice to fundamental principles relating to the right to private life and family life and to freedom of expression and information;

Amendment 532 #

Paul TANG, Alex AGIUS SALIBA, Birgit SIPPEL, Theresa BIELOWSKI, Tiemo WÖLKEN, Marina KALJURAND

Proposal for a regulation
Article 1 – paragraph 3 a (new)

3a. This Regulation shall not prohibit, weaken or undermine end-to-end encryption, prohibit providers of information society services from providing their services applying end-to- end encryption, or be interpreted in that way.

Amendment 533 #

Proposal for a regulation
Article 1 – paragraph 3 b (new)

3b. This Regulation shall be without prejudice to the rules on professional secrecy under national law, such as rules on the protection of professional communications, between doctors and their patients, between journalists and their sources, or between lawyers and their clients, in particular since the confidentiality of communications between lawyers and their clients is key to ensuring the effective exercise of the rights of the defence as an essential part of the right to a fair trial.

Amendment 534 #

Paul TANG, Alex AGIUS SALIBA, Birgit SIPPEL, Theresa BIELOWSKI, Tiemo WÖLKEN, Marina KALJURAND, Patrick BREYER

Proposal for a regulation
Article 1 – paragraph 3 b (new)

3b. This Regulation shall not undermine the prohibition of general monitoring under Union law or introduce general data retention obligations, or be interpreted in that way.

Amendment 535 #

Proposal for a regulation
Article 1 – paragraph 3 b (new)

3b. Nothing in this Regulation shall be interpreted as prohibiting or weakening end-to-end encryption.

Amendment 536 #

Proposal for a regulation
Article 1 – paragraph 3 c (new)

3c. This Regulation does not provide for a lawful basis for the processing of personal data for the sole purpose of detecting child sexual abuse on a voluntary basis.

Amendment 537 #

Proposal for a regulation
Article 1 – paragraph 4

4. This Regulation limits the exercise of the rights and obligations provided for in 5(1) and (3) and Article 6(1) of Directive 2002/58/EC insofar as necessary for the execution of the detection orders issued in accordance with Section 2 of Chapter 1 of this Regulation.deleted

Amendment 538 #

Proposal for a regulation
Article 1 – paragraph 4

4. This Regulation limits the exercise of the rights and obligations provided for in 5(1) and (3) and Article 6(1) of Directive 2002/58/EC with the sole objective of enabling providers of number- independent interpersonal communications services, without prejudice to Regulation (EU) 2016/679, to use specific technologies for the processing of personal data to the extent strictly necessary to detect and report child sexual abuse material and remove child sexual abuse material on their services insofar as necessary for the execution of the detection ~~order~~warrants issued in accordance with Section 2 of Chapter 1 of this Regulation.

Amendment 539 #

Proposal for a regulation
Article 1 – paragraph 4

4. This Regulation limits the exercise of the rights and obligations provided for in 5(1) and (3) and Article 6(1) of Directive 2002/58/EC ~~insofar as necessary for the execution of the detection orders~~with the sole objective of enabling a provider of hosting services, a provider of number-independent interpersonal communications services or a provider of an artifical intelligence system to use specific technologies for the processing of personal data to the extent strictly necessary to detect and report online child sexual abuse and remove child sexual abuse material on their services, following a detection warrant issued in accordance with Section 2 of Chapter 1 of this Regulation.

Amendment 540 #

Proposal for a regulation
Article 1 – paragraph 4 a (new)

4a. To ensure fundamental rights laid down in the European Union's, the Council of Europe's and the United Nation's human rights charters, core fundaments of our democratic society and the rule of law - citizens' right to privacy and private correspondence must be upheld. Therefore, detection orders can only be issued towards persons suspected of criminal activity. There shall be no general monitoring of ordinary law- abiding citizens and users of interpersonal communication services private messages.

Amendment 541 #

Proposal for a regulation
Article 1 – paragraph 4 a (new)

4a. This Regulation does not apply to audio communications.

Amendment 542 #

Proposal for a regulation
Article 1 – paragraph 4 a (new)

4a. This Regulation does not apply to audio communications.

Amendment 543 #

Proposal for a regulation
Article 1 – paragraph 4 b (new)

4b. This Regulation does not apply to text communications.

Amendment 544 #

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) ‘hosting service’ means a~~n information society~~ hosting service as defined in Article 23, point (fg), third indent, of Regulation (EU) ~~…/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC]~~2022/2065 (Digital Services Act);

Amendment 545 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘number independent interpersonal communications service~~’ means a publicly available service~~s as defined in Article 2, point 57, of Directive (EU) 2018/1972~~, including services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service~~;

Amendment 546 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘interpersonal communications service’ means a publicly available service as defined in Article 2, point 5, of Directive (EU) 2018/1972~~, including services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service~~;

Amendment 547 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘number-independent interpersonal communications service’ means a publicly available service as defined in Article 2, point 57, of Directive (EU) 2018/1972, including services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service;

Amendment 548 #

Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)

(ba) ‘number-independent interpersonal communications service within games’ means any service defined in Article 2, point 7 of Directive (EU) 2018/1972 which is part of a game;

Amendment 549 #

Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)

(ba) ‘number-independent interpersonal communications service’ means a publicly available service as defined in Article 2, point 7, of Directive (EU) 2018/1972;

Amendment 550 #

Proposal for a regulation
Article 2 – paragraph 1 – point d

~~(d) ‘software application store’ means a service as defined in Article 2, point 12, of Regulation (EU) …/… [on contestable and fair markets in the digital sector (Digital Markets Act)];~~deleted

Amendment 551 #

Proposal for a regulation
Article 2 – paragraph 1 – point d

Amendment 552 #

Proposal for a regulation
Article 2 – paragraph 1 – point e

Amendment 553 #

Proposal for a regulation
Article 2 – paragraph 1 – point e

Amendment 554 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)

(ea) ‘artificial intelligence system’ means software as defined in Article 3(1) of Regulation (EU) …/… [laying down harmonised rules on artificial intelligence (Artificial Intelligence Act);

Amendment 555 #

Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)

(ea) “online search engine” means an intermediary service as defined in Article 3, point (j), of Regulation (EU) 2022/2065;

Amendment 556 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 2 – paragraph 1 – point e b (new)

(eb) ‘intermediary service’ means a service as defined in Article 3, point (g), of Regulation (EU) 2022/2065;

Amendment 557 #

Hilde VAUTMANS, Fabienne KELLER, Maite PAGAZAURTUNDÚA, Olivier CHASTEL, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 2 – paragraph 1 – point e c (new)

(ec) ‘artificial intelligence system’ (AI system) means software as defined in Article 3(1) of Regulation (EU) .../... on Artificial Intelligence (Artificial Intelligence Act);

Amendment 558 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point ii

(ii) an publicly available number- independent interpersonal communications service;

Amendment 559 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point ii

(ii) an number-independent interpersonal communications service;

Amendment 560 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point ii

(ii) an number-independent interpersonal communications service;

Amendment 561 #

(ii) anindependent interpersonal communications services;

Amendment 562 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point iii

~~(iii) a software applications store;~~deleted

Amendment 563 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point iii

~~(iii) a software applications store;~~deleted

Amendment 564 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point iii

~~(iii) a software applications store;~~deleted

Amendment 565 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point iii

~~(iii) a software applications store;~~deleted

Amendment 566 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point iii a (new)

(iiia) online games;

Amendment 567 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv

~~(iv) an internet access service.~~deleted

Amendment 568 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv a (new)

(iva) an artificial intelligence system;

Amendment 569 #

Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv a (new)

(iva) an online search engine;

Amendment 570 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv b (new)

(ivb) an artificial intelligence system.

Amendment 571 #

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)

(ha) (ha) ‘hotline’ means an organisation providing a mechanism, other than the reporting channels provided by law enforcement agencies, for receiving anonymous report from the public about alleged child sexual abuse material and online child sexual exploitation, which is officially recognised by the Member State of establishment as expressed in Directive 2011/93/EU and its articles of association mention the mission of combatting child sexual abuse;

Amendment 572 #

Proposal for a regulation
Article 2 – paragraph 1 – point h b (new)

(hb) ‘help-line’ means an organisation providing services for children in need as recognised by the Member State of establishment in line with Directive 2011/93/EU;

Amendment 573 #

Vincenzo SOFO, Cristian TERHEŞ, Jadwiga WIŚNIEWSKA

Proposal for a regulation
Article 2 – paragraph 1 – point i

(i) ‘child’ means any natural person below the age of consent as regulated in the respective Member States, but at least below the age of 18 years;

Amendment 574 #

Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)

(ia) "adult" means any natural person above the age of 18 years;

Amendment 575 #

Proposal for a regulation
Article 2 – paragraph 1 – point j

~~(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 17 years;~~deleted

Amendment 576 #

Proposal for a regulation
Article 2 – paragraph 1 – point j

~~(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 17 years;~~deleted

Amendment 577 #

Proposal for a regulation
Article 2 – paragraph 1 – point j

~~(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 17 years;~~deleted

Amendment 578 #

Proposal for a regulation
Article 2 – paragraph 1 – point j

~~(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 17 years;~~deleted

Amendment 579 #

Proposal for a regulation
Article 2 – paragraph 1 – point j

(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of consent as regulated in the respective Member States, but at least below the age of 17 years;

Amendment 580 #

Hilde VAUTMANS, Abir AL-SAHLANI, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 2 – paragraph 1 – point j

(j) ‘child user’ means a natural person who uses a relevant information society service and who is a ~~natural person below the age of 17 years~~child;

Amendment 581 #

(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 178 years;

Amendment 582 #

Proposal for a regulation
Article 2 – paragraph 1 – point j

(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 178 years;

Amendment 583 #

Proposal for a regulation
Article 2 – paragraph 1 – point j a (new)

(ja) "adult user" means a natural person who uses a relevant information society service and who is a natural person above the age of 18 years;

Amendment 584 #

Proposal for a regulation
Article 2 – paragraph 1 – point l

(l) ‘child sexual abuse material’ means any material ~~constituting child pornography or pornographic performance~~that visually depicts a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of a child for primarily sexual purposes or any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; or realistic images of a child engaged in sexually explicit conduct or realistic images of the sexual organs of a child, for primarily sexual purposes; or a live exhibition aimed at an audience, including by means of information and communication technology, of a child engaged in real or simulated sexually explicit conduct; or the depict of sexual organs of a child for primarily sexual purposes as defined in Article 2, points (c) and (e), respectively, of Directive 2011/93/EU;

Amendment 585 #

Proposal for a regulation
Article 2 – paragraph 1 – point m

(m) ‘known child sexual abuse material’ means potential child sexual abuse material detected ~~using the indicators contained in the database of indicators referred to in Article 44(1), point (a)~~;

Amendment 586 #

Proposal for a regulation
Article 2 – paragraph 1 – point n

~~(n) ‘new child sexual abuse material’ means potential child sexual abuse material detected using the indicators contained in the database of indicators referred to in Article 44(1), point (b);~~deleted

Amendment 587 #

Proposal for a regulation
Article 2 – paragraph 1 – point n

Amendment 588 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 2 – paragraph 1 – point o

~~(o) ‘solicitation of children’ means the solicitation of children for sexual purposes as referred to in Article 6 of Directive 2011/93/EU;~~deleted

Amendment 589 #

Proposal for a regulation
Article 2 – paragraph 1 – point p

(p) ‘online child sexual abuse’ means the online dissemination of child sexual abuse material and the solicitation of children, including the exposure of children to pornographic content online;

Amendment 590 #

Proposal for a regulation
Article 2 – paragraph 1 – point p

(p) ‘online child sexual abuse’ means the online dissemination of child sexual abuse material including self-generated material disseminated without consent and the solicitation of children;

Amendment 591 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 2 – paragraph 1 – point p

(p) ‘online child sexual abuse’ means the online dissemination of child sexual abuse material ~~and the solicitation of children~~;

Amendment 592 #

Proposal for a regulation
Article 2 – paragraph 1 – point q

(q) ‘child sexual abuse offences’ means offences as defined in Articles 3 to 7 of Directive 2011/93/EU, and, for the scope of this regulation, extends the offense referred to in Article 3, paragraph 2 of the same directive, to the witnessing of sexual activities online, even without having to participate;

Amendment 593 #

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)

(qa) (q a) ‘victim’ means a person residing in the European Union who being under 18 suffered child sexual abuse offences. For the purpose of exercising the victim’s rights recognised in this Regulation, parents and guardians, as well as any person who was under 18 at the time the material was made, whose material has been hosted or disseminated in the European Union, are to be considered victims;

Amendment 594 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Abir AL-SAHLANI, Michal ŠIMEČKA, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)

(qa) “person suspected of being involved in child sexual abuse” means an identified individual person about whom verifiable adequate evidence exists, which gives rise to the suspicion that that person has committed a child sexual abuse offence, attempted to commit a child sexual abuse offence, or prepared by committing a criminal offence to commit a child sexual abuse offence;

Amendment 595 #

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)

(qa) ‘child survivor’ means a person as defined in Article 2(1) point (a) of Directive 2011/93/EU who is below 18 years of age and suffered child sexual abuse offences;

Amendment 596 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Abir AL-SAHLANI, Michal ŠIMEČKA, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)

(qb) 'person disqualified from exercising activities involving children' means an identified individual person, who, in line with Article 10 of Directive 2011/93/EU, is temporarily or permanenently disqualified from exercising activities involving direct and regular contacts with children;

Amendment 597 #

Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)

(qb) 'survivor' means a person as defined in Article 2(1) point (a) of Directive 2011/93/EU who suffered child sexual abuse offences;

Amendment 598 #

Proposal for a regulation
Article 2 – paragraph 1 – point s

(s) ‘content data’ means data as defined in Article 2, point 10, of Regulation (EU) … [on European Production and Preservation Orders for electronic evidence in criminal matters (…/… e-evidence Regulation)];deleted

Amendment 599 #

Proposal for a regulation
Article 2 – paragraph 1 – point s

(s) ‘content data’ means ~~data as defined in Article 2, point 10, of Regulation (EU) … [on European Production and Preservation Orders for electronic evidence in criminal matters (…/… e-evidence Regulation)]~~videos and images in a digital format;

Amendment 600 #

Proposal for a regulation
Article 2 – paragraph 1 – point s

Amendment 601 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 2 – paragraph 1 – point w

(w) ‘main establishment’ means the ~~head office or registered~~ office of the provider of relevant information society services within which the principal financial functions and operational control are exercised.

Amendment 602 #

Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)

(wa) ‘hotline’ means an organisation providing a mechanism, other than the reporting channels provided by law enforcement agencies, for receiving anonymous complaints from the public about alleged child sexual abuse material and online child sexual exploitation, which meets the following criteria: (a) is officially recognised by its home Member State as expressed in the Directive 2011/93/EU of the European Parliament and of the Council; (b) has the mission of combatting child sexual abuse material in its articles of association; and (c) is part of a recognised and well-established international network;

Amendment 603 #

Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)

(wa) ‘hotline’ means an organisation providing a mechanism, other than the reporting channels provided by law enforcement agencies, for receiving anonymous information from the public about potential child sexual abuse material and online child sexual exploitation, which is officially recognised by its home Member State as expressed in the Directive 2011/93/EU of the European Parliament and of the Council and has the mission of combatting child sexual abuse material in its articles of association;

Amendment 604 #

Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)

(wa) 'victim' means a minor who suffered child sexual abuses offences including the non-consensual dissemination of self-generated material. For the purpose of excercising victim's rights listed in this Regulation, legal representatives shall be considered victims.

Amendment 605 #

Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)

(wa) ‘hotline’ means an organisation officially recognised by a Member State, other than the reporting channels provided by law enforcement authorities, for receiving anonymous complaints from victims and the public about alleged child sexual abuse;

Amendment 606 #

Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)

(wa) "online search engine" means an intermediary service as defined in Article 3, point (j), of Regulation (EU) 2022/2065;

Amendment 607 #

Paul TANG, Alex AGIUS SALIBA, Theresa BIELOWSKI, Tiemo WÖLKEN, Marina KALJURAND

Proposal for a regulation
Article 2 – paragraph 1 – point w b (new)

(wb) 'hotline' means an organization recognized by its Member State of establishment, which provides either a reporting channel provided by law enforcement authorities, or service for receiving anonymous complaints from victims and the public about alleged child sexual abuse online.

Amendment 608 #

Proposal for a regulation
Article -3 (new)

Article-3 Protection of fundamental human rights and confidentiality in communications 1. Nothing in this Regulation shall prohibit, weaken or undermine end-to-end encryption, prohibit providers of information society services from providing their services applying end-to- end encryption or be interpreted in that way. 2. Nothing in this Regulation shall undermine the prohibition of general monitoring under Union law or introduce general data retention obligations.

Amendment 609 #

Proposal for a regulation
Article 3 – paragraph 1

1. Providers of hosting services and providers of number-independent interpersonal communications services shall identify, analyse and assess, for each such service that they offer, ~~the risk of~~any significant systemic residual serious risks stemming from the functioning and use of their service ~~for the purpose of online child sexual abuse~~s in the Union that their services are being used to disseminate or exchange child sexual abuse material. This is without prejudice to the prohibition on general monitoring nor generalised data retention, and should not be understood as an obligation on providers of relevant information society services to break, weaken or undermine end-to-end encryption or to take other steps that compromise the security, integrity and confidentiality of communications.

Amendment 610 #

Proposal for a regulation
Article 3 – paragraph 1

1. Providers of hosting services and providers of interpersonal communications services shall identify, analyse and assess~~, for each such~~ any serious systemic risk stemming from the functioning and use of their services for the purpose of online child sexual abuse. That risk assessment shall be specific to the services th~~at they offer,~~ey offer and proportionate to the serious systemic risk considering its severity and probability. To this end, providers subject to an obligation to conduct a risk assessment under Regulation (EU) 2022/2065 may draw on that risk assessment and complement it with a more specific assessment of the risks of use of their services for the purpose of online child sexual abuse.

Amendment 611 #

Proposal for a regulation
Article 3 – paragraph 1

1. Providers of hosting services and providers of ~~interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the risk~~publicly available number- independent interpersonal communications services that are exposed to a substantial amount of online child sexual abuse shall identify, analyse and assess, for each such service that they offer, risks stemming from the design, functioning, including algorithmic recommender systems, ofr use of the service for the purpose of online child sexual abuse.

Amendment 612 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

1. Providers of hosting services and providers of number independent interpersonal communications services shall ~~identify, analyse and assess, for each such service that they offer, the risk~~carry out a risk assessment of use of the service for the purpose of online child sexual abuse. The risk asessment shall be made public.

Amendment 613 #

Proposal for a regulation
Article 3 – paragraph 1

1. Providers of hosting services and providers of interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the risk of use of the service for the purpose of online child sexual abuse., which requires a targeted and tailor-made response;

Amendment 614 #

Proposal for a regulation
Article 3 – paragraph 1

1. Providers of hosting services and providers of number independent interpersonal communications services shall identify, analyse and assess, for each such service that they offer, ~~the~~ any recurrent systemic risk of use of the service for the purpose of online child sexual abuse.

Amendment 615 #

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)

A hosting service provider or publicly available number-independent interpersonal communication service is exposed to online child sexual abuse where:

Amendment 616 #

Proposal for a regulation
Article 3 – paragraph 1 – point a (new)

(a) the coordinating authority of the Member State of its main establishment or where its legal representative resides or is established has taken a decision, on the basis of objective factors, such as the provider having received two or more final removal orders in the previous 12 months, finding that the provider is exposed to online child sexual abuse, and notified the decision to the provider; or

Amendment 617 #

Paul TANG, Alex AGIUS SALIBA, Birgit SIPPEL, Theresa BIELOWSKI

Proposal for a regulation
Article 3 – paragraph 1 – point b (new)

(b) the provider submitted two or more reports of potential online child sexual abuse in the previous 12 months in accordance with Article 12.

Amendment 618 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. Without prejudice to Regulation (EU) 2022/2065, when conducting the risk assessment, providers of hosting services and providers of interpersonal communications services shall respect and avoid any actual or foreseeable negative effects for the exercise of fundamental rights, in particular the fundamental rights to human dignity, respect for private and family life, the protection of personal data, freedom of expression and information, including the freedom and pluralism of the media, the prohibition of discrimination, the rights of the child and consumer protection, as enshrined in Articles 1, 7, 8, 11, 21, 24 and 38 of the Charter respectively.

Amendment 619 #

Proposal for a regulation
Article 3 – paragraph 1 b (new)

1b. Risk assessment obligations shall always be strictly necessaary and proportionate, and shall never entail a general monitoring obligation, an obligation to seek knowledge about the content of private communications, nor an obligation for providers to seek knowledge of illegal content.

Amendment 620 #

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) ~~any previously~~the significant, systemic, serious risks and identified instances of use of its services for the purpose of online child sexual abuse;

Amendment 621 #

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) ~~any previously~~recurrent systemic risks and identified instances of use of its services for the purpose of online child sexual abuse;

Amendment 622 #

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) ~~any previously~~serious systemic risks and identified instances of use of its services for the purpose of online child sexual abuse;

Amendment 623 #

Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)

(aa) any actual or foreseeable negative effects for the exercise of fundamental rights;

Amendment 624 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part

(b) the existence ~~and implementation by the provider of a policy and the availability of functionalities to address the risk referred to in paragraph 1, including through the following~~of:

Amendment 625 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part

(b) the existence and implementation by the provider of a policy and the availability of functionalities to ~~address the~~prevent and address online child sexual abuse and risks referred to in paragraph 1, including through the following:

Amendment 626 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part

Amendment 627 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part

(b) the existence and implementation by the provider of a policy and the availability of functionalities to prevent and address the risk referred to in paragraph 1, including through the following:

Amendment 628 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part

(b) the existence and implementation by the provider of a policy and the availability of functionalities to prevent and address the risk referred to in paragraph 1, including through the following:

Amendment 629 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part

(b) the existence and implementation by the provider of a policy and the availability of functionalities to address the systemic risks referred to in paragraph 1, including through the following:

Amendment 630 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 1

~~– prohibitions and restrictions laid down in the terms and conditions;~~deleted

Amendment 631 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 1 a (new)

- the availability to employ appropriate technical measures - such as parental control tools - to prevent underage access and exposure to inappropriate content or services;

Amendment 632 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2

~~– measures taken to enforce such prohibitions and restrictions;~~deleted

Amendment 633 #

Hilde VAUTMANS, Abir AL-SAHLANI, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2

– measures taken to enforce such prohibitions and restrictions and the ammount of human and financial resources dedicated to identify, analyse and assess the presence of child sexual abuse;

Amendment 634 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2 a (new)

- - implementing functionalities and protocols to prevent and reduce the risk of online child sexual abuse; - information and awareness campaigns educating and warning users of the risk of online child sexual abuse;

Amendment 635 #

Paul TANG, Alex AGIUS SALIBA, Birgit SIPPEL, Theresa BIELOWSKI

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3

~~– functionalities enabling age verification;~~deleted

Amendment 636 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3

~~– functionalities enabling age verification;~~deleted

Amendment 637 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3

~~– functionalities enabling age verification;~~deleted

Amendment 638 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3

~~– functionalities enabling age verification;~~deleted

Amendment 639 #

Loránt VINCZE, François-Xavier BELLAMY, Miriam LEXMANN

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3

– functionalities enabling ~~age verification~~the effective protection of children online, in line with children’s increasing need for autonomy and increasing rights to access to information and freedom of expression as they grow;

Amendment 640 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3

– functionalities enabling age verification and subsequent blocking of age-restricted websites and content;

Amendment 641 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3

– functionalities enabling age verification and parental control;

Amendment 642 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4

– functionalities enabling users to flag online child sexual abuse to the provider through tools that are easily accessible and age-appropriate; and capacity to meaningfully deal with those reports in a timely manner;

Amendment 643 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4

– functionalities enabling users to flag or notify online child sexual abuse to the provider through tools that are easily accessible and age-appropriate, including already available anonymous reporting channels as provided by Directive (EU) 2019/1937;

Amendment 644 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4

– functionalities enabling users to flag online child sexual abuse to the provider through tools that are easily recognisable, accessible and age- appropriate, child- and user-friendly, including anonymous user-reporting channels;

Amendment 645 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4

– functionalities enabling users to flag online child sexual abuse to the provider through tools that are easily recognisable, accessible ~~and~~, age-appropriate and child- and user friendly, including anonymous reporting channels;

Amendment 646 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4

– functionalities enabling users to flag and report online child sexual abuse to the provider through tools that are easily accessible and age-appropriate with timely response;

Amendment 647 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4

– functionalities enabling users to flag online child sexual abuse to the provider through tools that are easily accessible ~~and age-appropriate~~;

Amendment 648 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)

- systems and mechanisms that provide child- and user-friendly ressources to ensure that children can seek help swiftly, including information on how to contact national child protection organisations or national law enforcement

Amendment 649 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)

- systems and mechanisms that provide child- and user-friendly resources to ensure that children can seek help swiftly, including information on how to contact national child protection organisations or national law enforcement.

Amendment 650 #

- – Functionalities enabling detection for known child sexual abuse material on upload; – Functionalities preventing uploads from the dark web;

Amendment 651 #

Sara SKYTTEDAL, David LEGA, Andrey KOVATCHEV, Tomáš ZDECHOVSKÝ, Stefan BERGER, Christian DOLESCHAL, Helmut GEUKING, Ivan ŠTEFANEC, Peter POLLÁK, Johan NISSINEN, Stelios KYMPOUROPOULOS, Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)

- functionalities enabling age- appropriate parental controls, including with the use of AI;

Amendment 652 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)

- funcionalities enabling self- reporting by children, their parents or legal guardians.

Amendment 653 #

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 b (new)

- functionalities enabling self- reporting, including with the use of AI;

Amendment 654 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

~~(c) the manner in which users use the service and the impact thereof on that risk;~~deleted

Amendment 655 #

~~(c) the manner in which users use the service and the impact thereof on that risk;~~deleted

Amendment 656 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

~~(c) the manner in which users use the service and the impact thereof on that risk;~~deleted

Amendment 657 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

~~(d) the manner in which the provider designed and operates the service, including the business model, governance and relevant systems and processes, and the impact thereof on that risk;~~deleted

Amendment 658 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) the manner in which the provider designed and operates the service, including the business model, governance and relevant systems and processes, and the impact thereof on that risk. This is without prejudice to the prohibition on general monitoring nor generalised data retention, and should not be understood as an obligation on providers of relevant information society services to break, weaken or undermine end-to-end encryption or to take other steps that compromise the security, integrity and confidentiality of communications;

Amendment 659 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

Amendment 660 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) the manner in which the provider designed and operates the service, including the business model, governance and relevant systems and processes, whether the service is available directly to end users, and the impact thereof on that risk;

Amendment 661 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) the manner in which the provider designed and operates the service, including the business model, governance, type of users targeted, and relevant systems and processes, and the impact thereof on that risk;

Amendment 662 #

(e) with respect to the risk of solicitation of children: (i) the extent to which the service is used or is likely to be used by children; (ii) where the service is used by children, the different age groups of the child users and the risk of solicitation of children in relation to those age groups; (iii) the availability of functionalities creating or reinforcing the risk of solicitation of children, including the following functionalities: — enabling users to search for other users and, in particular, for adult users to search for child users; — enabling users to establish contact with other users directly, in particular through private communications; — enabling users to share images or videos with other users, in particular through private communications.deleted

Amendment 663 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – introductory part

(e) with respect to the risk of ~~solicitation~~rights of children:

Amendment 664 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point i

(i) the extent to which the service is used or is likely to be used by children, such as an assessment of public surfaces, behavioral signals, the frequency of user reports of online child sexual abuse, and the results of random sampling of content;

Amendment 665 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point i

(i) the extent to which the service is ~~used or is likely to be used by~~directly targeting children;

Amendment 666 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point i

(i) the extent to which the service is ~~used or is likely to be used by~~directly targeting children;

Amendment 667 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point i

(i) the extent to which the service is ~~used or is likely to be used by children~~targeting child users;

Amendment 668 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point ii

~~(ii) where the service is used by children, the different age groups of the child users and the risk of solicitation of children in relation to those age groups;~~deleted

Amendment 669 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point ii

(ii) where the service is used or likely to be used by children, the different age groups or likely age groups of the child users and the r~~isk~~elative scale, frequency and nature of previously identified instances of use of its services for the purpose of solicitation of children in relation to those age groups;

Amendment 670 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point ii

(ii) where the service is ~~used by~~directly targeting children, the different age groups of the child ~~users and the risk of solicitation of children in relation to those age groups~~ren the service is targeting;

Amendment 671 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point ii

(ii) where the service is ~~used by children~~targeting child users, the different age groups of the child users and the risk of solicitation of children in relation to those age groups;

Amendment 672 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii

(iii) the availability of functionalities creating or reinforcing the risk of solicitation of children, including the following functionalities: — enabling users to search for other users and, in particular, for adult users to search for child users; — enabling users to establish contact with other users directly, in particular through private communications; — enabling users to share images or videos with other users, in particular through private communications.deleted

Amendment 673 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – introductory part

(iii) the availability of functionalities creating or reinforcing the ~~risk of solicitation~~significant, systemic, serious risk of rights of children, including the following functionalities:

Amendment 674 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – introductory part

(iii) the availability of functionalities creating or reinforcing the serious systemic risk of solicitation of children, including the following functionalities:

Amendment 675 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 1

– enabling users to search for other users, including through search engines external to the service, and, in particular, for adult users to search for child users;

Amendment 676 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 1

– enabling users to search for other users and, in particular, for adult users to search for child users, in particular on services directly targeting children;

Amendment 677 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 1

– enabling users to search for other users ~~and, in particular, for adult users to search for child users~~on services directly targeting children;

Amendment 678 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 1

– enabling users to search for other users ~~and, in particular, for adult users to search for~~on services directly targeting child users;

Amendment 679 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 2

– enabling users to establish unsolicited contact with other users ~~directly, in particular through private communications~~and for users to engage and connect with children, in particular on services directly targeting children;

Amendment 680 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 2

– enabling users to establish contact with other users ~~directly~~on services directly targeting child users, in particular through private communications;

Amendment 681 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 2

– enabling users to ~~establish~~initiate unsolicited contact with other users directly, in particular through private communications;

Amendment 682 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 2

– enabling users to establish unsolicited contact with other users directly~~, in particular through private communications;~~ on services directly targeting children,

Amendment 683 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3

– enabling users to share images or videos ~~with other~~on services directly targeting child users, in particular through private communications.

Amendment 684 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3

– enabling users to share unsolicited images or videos with other users, in particular through private communications.

Amendment 685 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3

– enabling users to share images or videos with other users~~, in particular through private communications.~~ on services directly targeting children

Amendment 686 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3

– enabling users to share images or videos ~~with other users, in particular through private communications.~~, in particular on services directly targeting children;

Amendment 687 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Nathalie LOISEAU

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3

– enabling users to share ~~images or video~~contents with other users, in particular through private communications.

Amendment 688 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3 a (new)

- – Enabling users to create usernames that contain a representation about, or imply, the user’s age; – Enabling child users to create usernames that contain location information on child users; – Enabling users to know or infer the location of child users.

Amendment 689 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3 a (new)

- The availability for users to search and contact other users based on age or location criteria;

Amendment 690 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii a (new)

(iiia) The availability for users to create usernames that imply the user’s age or location.

Amendment 691 #

Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii a (new)

(iiia) the extent to which children have access to age-restricted content.

Amendment 692 #

Hilde VAUTMANS, Abir AL-SAHLANI, Maite PAGAZAURTUNDÚA, Olivier CHASTEL, Fabienne KELLER, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 (new)

Risk assessment obligations shall never entail a general monitoring obligation, an obligation to seek knowledge about the content of private communications, nor an obligation for providers to seek knowledge of illegal content.

Amendment 693 #

Proposal for a regulation
Article 3 – paragraph 2 a (new)

2a. When providers of hosting services and providers of interpersonal communication services put forward age assurance or age verification systems as mitigating measures, they shall meet the following criteria: (a) Protect the privacy of users and do not disclose data gathered for the purposes of age assurance for any other purpose; (b) Do not collect data that is not necessary for the purposes of age assurance; (c) Be proportionate to the risks associated to the product or service that presents a risk of misuse for child sexual abuse; (d) Provide appropriate remedies and redress mechanisms for users whose age is wrongly identified.

Amendment 694 #

Proposal for a regulation
Article 3 – paragraph 2 a (new)

2a. When providers of hosting services and providers of interpersonal communication services put forward age assurance or age verification system as a mitigation measure, they shell meet the following criteria: a) Protect the privacy of users and do not disclose data gathered for the purposes of age assurance for any other purpose; b) Do not collect data that is not necessary for the purpose of age assurance; c) Be proportionate to the risks associated to the product or service that presents a risk of misuse for child sexual abuse; d) Provide appropriate remedies and redress mechanisms for users whose age is wrongly identified.

Amendment 695 #

Sara SKYTTEDAL, David LEGA, Andrey KOVATCHEV, Tomáš ZDECHOVSKÝ, Stefan BERGER, Christian DOLESCHAL, Helmut GEUKING, Ivan ŠTEFANEC, Peter POLLÁK, Johan NISSINEN, Karen MELCHIOR

Proposal for a regulation
Article 3 – paragraph 2 a (new)

2a. The provider, where applicable, shall assess, in a separate section of its risk assessment, the voluntary use of specific technologies for the processing of personal and other data to the extent strictly necessary to detect, to report and to remove online child sexual abuse material from its services. Such voluntary use of specific technologies shall under no circumstances undermine the integrity and confidentiality of end-to-end encrypted content and communcations.

Amendment 696 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

The provider may request the EU Centre ~~to perform an analysis of representative, anonymized data samples to identify potential online child sexual abuse,~~ to support the risk assessment.

Amendment 697 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Amendment 698 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 a (new)

Neither this request nor its subsequent analysis that the EU Centre may perform shall exempt the provider from its obligation to conduct the risk assessment in accordance with paragraphs 1 and 2 of this Article and to comply with other obligations set out in this Regulation.

Amendment 699 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The costs incurred by the EU Centre for the ~~performance of such an analysis~~support of the risk assessment shall be borne by the requesting provider. However, the EU Centre shall bear those costs where the provider is a micro, small or medium- sized enterprise~~, provided the request is reasonably necessary to support the risk assessment~~.

Amendment 700 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The costs incurred by the EU Centre for the performance of such an analysis shall be borne by the requesting provider. However, the EU Centre shall bear those costs where the provider is a micro, small or medium-sized enterprise~~, provided the request is~~. The Centre may reject the request where it is not reasonably necessary to support the risk assessment.

Amendment 701 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3

Amendment 702 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3

Amendment 703 #

Proposal for a regulation
Article 3 – paragraph 3 a (new)

3a. Risk assessment obligations shall always be strictly necessary and proportionate, and shall never entail a general monitoring obligation, an obligation to seek knowledge about the content of private communications, nor an obligation for providers to seek knowledge of illegal content.

Amendment 704 #

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1

The provider shall carry out the first risk assessment by [Date of application of this Regulation + 36 months] or, where the provider did not offer the service in the Union by [Date of application of this Regulation], by ~~three~~six months from the date at which the provider started offering the service in the Union.

Amendment 705 #

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2

Subsequently, the provider shall update the risk assessment where necessary and at least once every three years from the date at which it last carried out or updated the risk assessment. However: (a) for a service which is subject to a detection order issued in accordance with Article 7, the provider shall update the risk assessment at the latest two months before the expiry of the period of application of the detection order; (b) the Coordinating Authority of establishment may require the provider to update the risk assessment at a reasonable earlier date than the date referred to in the second subparagraph, where there is evidence indicating a possible substantial change in the risk that the service is used for the purpose of online child sexual abuse.deleted

Amendment 706 #

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – introductory part

Subsequently, the provider shall update the risk assessment where necessary and at least once every ~~three~~ years from the date at which it last carried out or updated the risk assessment. However:

Amendment 707 #

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – introductory part

Subsequently, the provider shall update the risk assessment where necessary and at least once every three years from the date at which it last carried out or updated the risk assessment~~. However:~~

Amendment 708 #

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – point a

(a) for a service which is subject to a detection order issued in accordance with Article 7, the provider shall update the risk assessment at the latest two months before the expiry of the period of application of the detection order;deleted

Amendment 709 #

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – point a

(a) for a service which is subject to a detection order issued in accordance with Article 7, the provider shall update the risk assessment at the latest two months ~~before~~after the expiry of the period of application of the detection order;

Amendment 710 #

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – point b

(b) the Coordinating Authority of establishment may require the provider to update the risk assessment at a reasonable earlier date than the date referred to in the second subparagraph, where there is evidence indicating a possible substantial change in the risk that the service is used for the purpose of online child sexual abuse.deleted

Amendment 711 #

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – point b

Amendment 712 #

Proposal for a regulation
Article 3 – paragraph 5

5. The risk assessment shall include an assessment of any potential remaining risk that, after taking the mitigation measures pursuant to Article 4, the service is used for the purpose of online child sexual abuse.deleted

Amendment 713 #

Proposal for a regulation
Article 3 – paragraph 5

Amendment 714 #

Proposal for a regulation
Article 3 – paragraph 5

Amendment 715 #

Proposal for a regulation
Article 3 – paragraph 5

Amendment 716 #

Proposal for a regulation
Article 3 – paragraph 5

5. The risk assessment shall include 5. an assessment of any ~~potential remaining~~reasonably foreseeable remaining systemic and serious risk that, after taking the mitigation measures pursuant to Article 4, the service is used for the purpose of online child sexual abuse.

Amendment 717 #

Proposal for a regulation
Article 3 – paragraph 6

6. The ~~Commission,~~EU Centre in cooperation with European Data Protection Board, the Coordinating Authorities and ~~the EU Centre and~~ after having conducted a public consultation, may issue guidelines on ~~the application of paragraphs 1 to 5, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used~~carrying out the risk asessment.

Amendment 718 #

Proposal for a regulation
Article 3 – paragraph 6

6. The Commission, in cooperation with Coordinating Authorities, the European Data Protection Board, the Fundamental Rights Agency and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1 to 5, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.

Amendment 719 #

Proposal for a regulation
Article 3 – paragraph 6

6. The Commission, in cooperation with Coordinating Authorities, and the EU Centre, after having consulted the European Data Protection Board and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1 to 5, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used..

Amendment 720 #

Proposal for a regulation
Article 3 – paragraph 6

6. The Commission, in cooperation with Coordinating Authorities, European Data Protection Board, Fundamental Rights Agency and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1 to 5, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.

Amendment 721 #

Proposal for a regulation
Article 3 – paragraph 6

6. The Commission, in cooperation with Coordinating Authorities, the European Data Protection Board and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1 to 5, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.

Amendment 722 #

Proposal for a regulation
Article 3 a (new)

Article3a End-to-end encryption 1. End-to-end encryption is an important tool to guarantee the security, integrity and confidentiality of communications of users, including those of children. Nothing in this Regulation shall be interpreted as prohibiting providers of relevant information society services from applying end-to-end encryption in their services, or restricting or undermining such end-to-end encryption. Member States shall not impose any obligations on providers of relevant information society services that would result in preventing them from providing end-to-end encrypted services nor shall it permit the use of Client Side Scanning or similar techniques or any other software deployed on users' terminal equipment for the purposes of detecting and reporting online child sexual abuse. 1a. Member States shall not impose any obligation on encryption providers, on providers of relevant information society services or on any other organisations with regard to any level of the supply chain that would result in the weakening of the security of their networks and services, such as bypassing authentication and accessing encrypted data or creating deliberate weaknesses by providers to allow for access to encrypted data. 2. Nothing in this Regulation shall be understood as undermining the prohibition of general monitoring under EU law.

Amendment 723 #

Proposal for a regulation
Article 4 – title

Risk mitigation and safety by design

Amendment 724 #

Proposal for a regulation
Article 4 – title

4 RSafety-by-design and risk mitigation

Amendment 725 #

Proposal for a regulation
Article 4 – title

~~Risk mitigation~~Specific measures

Amendment 726 #

Proposal for a regulation
Article 4 – paragraph -1 (new)

-1. Providers of hosting services and providers of interpersonal communications services shall have mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be online child sexual abuse.This obligation shall not be interpreted as an obligation of general monitoring or generalised data retention. Such mechanisms shall be easy to access, child-friendly, and shall allow for the submission of notices by electronic means. [By 6 months after entry into force] the Commission shall adopt a delegated act laying down design requirements for a uniform identifiable notification mechanism as referred to in this Article, including on the design of a uniform, easily recognisable, icon in the user interface. Providers of hosting services and providers of interpersonal communications services targeting children may implement the design requirements specified in the delegated act referred to in this paragraph.

Amendment 727 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services and providers of number independent interpersonal communications services shall take reasonable mitigation measures, tailored to the systermic risks identified pursuant to Article 3, to minimise that risk. Such measures ~~shall~~, where applicable and technically feasible without being detrimental to the technical integrity or operating model of the platform or service, and without being detrimental to the confidentiality of the communications on that service, may include some or all of the following:

Amendment 728 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services and providers of number-independent interpersonal communications services shall take reasonable mitigation measures, tailored to the significant, systemic, serious risk identified pursuant to Article 3, to minimise that risk. Such targeted measures shall include some or all of the following, where applicable and technically feasible without being detrimental to the technical integrity or operating model of the provider, nor the security, integrity and confidentiality of communications:

Amendment 729 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services and providers of number independent interpersonal communications services shall take reasonable mitigation measures, tailored to the systemic risks identified pursuant to Article 3, to minimise ~~that~~such risks. Such measures, where applicable and technically feasible without being detrimental to the technical integrity or operating model of the platform or service, and without being detrimental to the confidentiality of the communications on that service, shall include some or all of the following:

Amendment 730 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services and providers of publicly available number- independent interpersonal communications services stha~~ll take reasonable mitigation~~t are exposed to substantial amount of child sexual abuse material shall take proportionate and effective specific measures, tailored to the serious systemic risk identified pursuant to Article 3~~, to minimise that risk.~~ . The decision as to the choice of specific measures shall remain with the hosting service provider. Such measures shall include some or all of the following:

Amendment 731 #

Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services and providers of interpersonal communications services shall ~~take reasonable mitigation measures, tailored to the risk identified pursuant to Article 3, to minimise that risk. Such measures~~put in place reasonable, proportionate and targeted mitigation measures, tailored to their services and the serious systemic risk identified pursuant to Article 3, with the aim of mitigating that risk. Such measures shall never entail a general monitoring obligation or generalised data retention obligation and shall include some or all of the following:

Amendment 732 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services and providers of interpersonal communications services shall take reasonable mitigation measures, taking into account the right to private life and personal data protection, tailored to the risk identified pursuant to Article 3, to minimise that risk. Such measures shall include some or all of the following:

Amendment 733 #

Hilde VAUTMANS, Abir AL-SAHLANI, Maite PAGAZAURTUNDÚA, Olivier CHASTEL, Fabienne KELLER, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services and providers of interpersonal communications services shall take reasonable and proportionate mitigation measures, tailored to the risk identified pursuant to Article 3 and their service, to minimise that risk. Such measures shall include some or all of the following:

Amendment 734 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Providers of hosting services and providers of interpersonal communications services shall take reasonable mitigation measures, tailored to their specific service and the risk identified pursuant to Article 3, to minimise that risk. Such measures shall include some or all of the following:

Amendment 735 #

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) adapting, through appropriate technical and operational measures and staffing, the provider’s content moderation or recommender systems, including the monitoring tools of phrases and indicators on public surfaces, its decision- making processes, the operation or functionalities of the service, or the content or enforcement of its terms and conditions, reporting tools that are effective, easily accessible and age appropriate, or the protocols for investigating the reported content and taking appropriate action;

Amendment 736 #

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) testing and adapting, through state of the art appropriate technical and operational measures and staffing, the provider’s content moderation or recommender systems, its decision- making processes, the operation or functionalities of the service, or the content or enforcement of its terms and conditions, including the speed and quality of processing notices and reports related to online child sexual abuse and, where appropriate, the expeditious removal of the content notified;

Amendment 737 #

Proposal for a regulation
Article 4 – paragraph 1 – point a

Amendment 738 #

Proposal for a regulation
Article 4 – paragraph 1 – point a

Amendment 739 #

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)

(aa) adapting the design, features and functions of their services in order to ensure a high level of privacy, data protection, safety, and security by design and by default, including some or all of the following: (a) limiting users, by default, to establish direct contact with other users, in particular through private communications; (b) limiting users, by default, to directly share images or videos on services; (c) limiting users, by default, to directly share personal contact details with other users, such as phone numbers, home addresses and e-mail addresses, via rules- based matching; (d) limiting users, by default, to create screenshots or recordings within the service; (e) limiting users, by default, to directly reforward images and videos to other users where no consent has been given; (f) allowing parents of a child or a legal representative of a child to make use of meaningful parental controls tools, which protect the confidentiallity of communications of the child; (g) encouraging children, prior to registring for the service, to talk to their parents about how the service works and what parental controls tools are available. Services taking the measures outlined in this point may allow users to revert such measures on an individual level.

Amendment 740 #

Hilde VAUTMANS, Olivier CHASTEL, Fabienne KELLER, Maite PAGAZAURTUNDÚA, Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)

(aa) adapting the design, features and functions of their service in order to ensure the highest level of privacy, safety and security by design and by default, in particular, to protect children;

Amendment 741 #

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)

(aa) Designing educational and awareness-raising campaigns aimed at informing and alerting users about the risks of online child sexual abuse, including child-appropriate information;

Amendment 742 #

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)

(aa) Designing educational and awarness-raising campaigns aimed at informing and alerting users about the risks of online child sexual abuse, including child-appropriate information;

Amendment 743 #

Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)

(aa) providing easily accessible and user-friendly mechanisms for users to report or flag to the provider alleged online child sexual abuse;

Amendment 744 #

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)

(aa) providing security by design, as a way to ensuring services that are safe and secure, especially for children;

Amendment 745 #

Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)

(ab) providing technical measures and tools that allow users to manage their own privacy, visibility, reachability and safety , and that are set to the most private and secure levels by default;

Amendment 746 #

Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)

(ab) emplying appropriate age measurments - such as parental control tools, to prevent underage access and exposure to inappropriate content or services;

Amendment 747 #

Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)

(ab) providing several reporting functions within their services, so that users of the services can report and flag content and material;

Amendment 748 #

Proposal for a regulation
Article 4 – paragraph 1 – point a c (new)

(ac) ask for user confirmation before allowing an unknown user to communicate and before displaying their communications;

Amendment 749 #

Proposal for a regulation
Article 4 – paragraph 1 – point a d (new)

(ad) optionally or by default ask for user confirmation and offer guidance before displaying or sharing certain content such as nudity where the provider ensures that no indication of the process and the content leaves the user’s device and the user is reassured of this;

Amendment 750 #

Proposal for a regulation
Article 4 – paragraph 1 – point a e (new)

(ae) providing tools in a prominent way on their platform that allow users to seek help from their local help-line;

Amendment 751 #

Proposal for a regulation
Article 4 – paragraph 1 – point a f (new)

(af) informing and reminding users and non-users, such as parents, at point of need on what constitutes online child sexual abuse and what is typical offender behaviour; offering advice on safe behaviour and the consequences of illegal behaviour in a visible, easy to find and easy to understand way;

Amendment 752 #

Proposal for a regulation
Article 4 – paragraph 1 – point a g (new)

(ag) informing users and non-users about external resources and services in the user’s region on preventing child sexual abuse, counselling by helplines, victim support and educational resources by hotlines and child protection organisation;

Amendment 753 #

Proposal for a regulation
Article 4 – paragraph 1 – point a h (new)

(ah) human moderation of publicly accessible chats, based on random checks, and human moderation of publicly accessible, specific channels at high risk of online child sexual abuse;

Amendment 754 #

Proposal for a regulation
Article 4 – paragraph 1 – point a i (new)

(ai) providing readily accessible mechanisms for users to block or mute other users;

Amendment 755 #

Proposal for a regulation
Article 4 – paragraph 1 – point a j (new)

(aj) displaying warnings and advice to users at risk of offending or victimisation where the provider ensures that no indication of the process and the content leaves the user's device and the user is reassured of this;

Amendment 756 #

Proposal for a regulation
Article 4 – paragraph 1 – point a k (new)

(ak) informing parents on the nature of the service and the functionalities offered as well as on how to report or flag to the provider alleged online child sexual abuse;

Amendment 757 #

Proposal for a regulation
Article 4 – paragraph 1 – point a l (new)

(al) any other mechanisms to increase the awareness of online child sexual abuse on its services;

Amendment 758 #

Proposal for a regulation
Article 4 – paragraph 1 – point b

(b) reinforcing the provider’s internal processes or the internal supervision of the functioning of the service, user testing and feedback collection;

Amendment 759 #

Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)

(ba) Implementing and constantly innovating functionalities and protocols to prevent and reduce the risk of online child sexual abuse, and regularly assessing their effectiveness in light of the latest technological developments and trends in the dissemination and monetization of child sexual abuse material;

Amendment 760 #

Proposal for a regulation
Article 4 – paragraph 1 – point b b (new)

(bb) the use of specific technologies on a voluntary basis for the sole purpose of preventing and detecting online child sexual abuse in accordance with Article 4a

Amendment 761 #

Proposal for a regulation
Article 4 – paragraph 1 – point c

(c) initiating or adjusting cooperation, in accordance with competition law, with other providers of hosting services or providers of number-independent interpersonal communication services, public authorities, civil society organisations or, where applicable, entities awarded the status of trusted flaggers in accordance with Article 19 of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] .

Amendment 762 #

Paul TANG, Alex AGIUS SALIBA, Birgit SIPPEL, Theresa BIELOWSKI

Proposal for a regulation
Article 4 – paragraph 1 – point c

Amendment 763 #

Proposal for a regulation
Article 4 – paragraph 1 – point c

(c) initiating or adjusting cooperation, in accordance with competition law, with other providers of ~~hosting services or providers of interpersonal communication~~relevant information society services, public authorities, civil society organisations or, where applicable, entities awarded the status of trusted flaggers in accordance with Article 19 of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] .

Amendment 764 #

Proposal for a regulation
Article 4 – paragraph 1 – point c – point 1 (new)

1) introducing a clear and easily- identifiable icon for the immediate and efficacious reporting of content deemed inappropriate under Article 1 of this Regulation.

Amendment 765 #

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)

(ca) Setting up specific prevention measures to highlight risks related to the use of their service. Such communication shall be targeted to both minor users through child friendly means and parents.

Amendment 766 #

Paul TANG, Alex AGIUS SALIBA, Birgit SIPPEL, Theresa BIELOWSKI

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)

(ca) enabling users to flag or notify online child sexual abuse to the provider through tools that are easily accessible and age-appropriate, including already anonymous reporting channels;

Amendment 767 #

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)

(ca) reinforcing awareness-raising measures and adapting their online interface for increased user information, including child-appropriate information targeted to the risk identified;

Amendment 768 #

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)

(ca) adapting the design, features and functions of their services in order to ensure a high level of privacy, safety, and security and data protection by design and by default

Amendment 769 #

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)

(ca) processing metadata, in accordance with Article 4a

Amendment 770 #

Proposal for a regulation
Article 4 – paragraph 1 – point c b (new)

(cb) setting up specific reporting mechanism, child friendly and easily accessibile. Such tools should be visible and easily accessible by the user from the direct comunication webpage.

Amendment 771 #

Paul TANG, Alex AGIUS SALIBA, Birgit SIPPEL, Theresa BIELOWSKI

Proposal for a regulation
Article 4 – paragraph 1 – point c b (new)

(cb) enabling safe self-reporting capabilities for children, their parents or legal guardians.

Amendment 772 #

Proposal for a regulation
Article 4 – paragraph 1 – point c b (new)

(cb) including clearly visible and identifiable information on the minimum age for using the service;

Amendment 773 #

Proposal for a regulation
Article 4 – paragraph 1 – point c c (new)

(cc) initiating targeted measures to protect the rights of the child and tools aimed at helping users to indicate child sexual abuse material and helping children to signal abuse or obtain support;

Amendment 774 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 4 – paragraph 1 – point c c (new)

(cc) Setting up mechanisms to raise awareness among adult users to warn about potential violations of this Regulation.

Amendment 775 #

1a. Providers of hosting services and providers of interpersonal communications services shall continue the voluntary use of specific technologies, as mitigation measures, for the processing of personal and other data to the extent strictly necessary to detect, report and remove online child sexual abuse on their services and to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment conducted or updated in accordance with Article 3 and prior authorization from the Coordinating Authority;

Amendment 776 #

Proposal for a regulation
Article 4 – paragraph 1 a (new)

1a. Providers of hosting services and providers of interpersonal communications services shall continue the voluntary use of specific technologies, as mitigation measures, for the processing of personal and other data to the extent strictly necessary to detect, report and remove online sexual abuse on their services and to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment conducted or updated in accordance with Article 3 and prior authorization from the Coordinating Authority;

Amendment 777 #

Proposal for a regulation
Article 4 – paragraph 1 a (new)

1a. Providers of hosting services and providers of interpersonal communications services directly targeting children shall implement the design requirements as specified in the delegated act referred to in paragraph -1 and shall take all mitigation measures as outlined in paragraph 1, point (aa), of this Article to minimise this risk. Such services shall allow users to revert mitigation measures on an individual level.

Amendment 778 #

Hilde VAUTMANS, Olivier CHASTEL, Lucia ĎURIŠ NICHOLSONOVÁ

Proposal for a regulation
Article 4 – paragraph 1 a (new)

1a. Risk mitigation obligations shall always be strictly necessaary and proportionate, and shall never entail a general monitoring obligation, an obligation to seek knowledge about the content of private communications, contrary to Article 5 of the ePrivacy Directive, nor an obligation for providers to seek knowledge of illegal content.

Amendment 779 #

Proposal for a regulation
Article 4 – paragraph 1 b (new)

1b. The Coordinating Authority shall decide whether to proceed according to paragraph 1a no later than three months from the provider’s request.

Amendment 780 #

Proposal for a regulation
Article 4 – paragraph 1 b (new)

1b. The Coordinating Authority shall decide whether to proceed according to paragraph 1a no later than three months from the provider´s request.

Amendment 781 #

Proposal for a regulation
Article 4 – paragraph 2 – introductory part

2. The ~~mitigation~~specific measures shall bemeet all of the following requirements:

Amendment 782 #

Proposal for a regulation
Article 4 – paragraph 2 – point a

(a) ~~effectiv~~they shall be effective and proportionate in mitigating the identified serious risk;

Amendment 783 #

Proposal for a regulation
Article 4 – paragraph 2 – point a

(a) effective in mitigating the identified significant, systemic, and serious risk;

Amendment 784 #

(a) effective in mitigating the identified serious systemic risk;

Amendment 785 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) targeted and proportionate in relation to that risk, taking into account, in particular, the seriousness of the risk, ensuring that the interference with the fundamental right to privacy and the other rights laid down in the Charter is limited to what is strictly necessary as well as the provider’s financial and technological capabilities and the number of users;

Amendment 786 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) targeted and proportionate in relation to that risk~~, taking into account, in particular, the seriousness of the risk as well as the provider’s financial and technological capabilities and the number of users;~~

Amendment 787 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) they shall be targeted and proportionate in relation to that risk, taking into account, in particular, the seriousness of the risk ~~as well as the provider’s financial and technologic~~, any impact on the functionality of the service as well as the provider’s financial strength, and technical and operational capabilities ~~and~~, the number of users, and the amount of content they provide;

Amendment 788 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) targeted and proportionate in relation to that serious systemic risk, taking into account, in particular, the seriousness of the risk as well as the provider’s financial and technological ~~capabilitie~~limitations and the number of users;

Amendment 789 #

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) targeted and proportionate in relation to that risk, taking into account, in particular, the seriousness of the risk as well as ~~the provider’s financial and technologic~~financial capabilities and the number of users;

Amendment 790 #

Proposal for a regulation
Article 4 – paragraph 2 – point c

(c) applied in a diligent and non- discriminatory manner, with full assessment, having due regard, in all circumstances, to the potential consequences of the mitigation measures for the exercise of fundamental rights of all parties affected and in particular of the rights to privacy, data protection and freedom of expression, and for the protection of the integrity and security of platforms and services, including those that are end-to-end encrypted;

Amendment 791 #

Proposal for a regulation
Article 4 – paragraph 2 – point c

(c) applied in a diligent and non- discriminatory manner, ~~having due regard~~with full assessment, in all circumstances, to the potential consequences of the mitigation measures for the exercise of fundamental rights of all parties affected and in particular, that they respect rights to privacy, data protection and freedom of expression and protect the integrity and security of platforms and services, including those that are end-to-end encrypted;

Amendment 792 #

Proposal for a regulation
Article 4 – paragraph 2 – point c

(c) applied in a diligent and non- discriminatory manner, having due regard, in all circumstances, to the potential consequences of the mitigation measures for the exercise of fundamental rights of all parties affected;, in particular the rights to privacy, protection of data and freedom of expression.

Amendment 793 #

(c) applied in a diligent and non- discriminatory manner, having due regard with full respect, in all circumstances, to the potential consequences of the mitigation measures for the exercise of fundamental rights of all parties affected ;

Amendment 794 #

Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Article 4 – paragraph 2 – point c

(c) they shall be applied in a diligent and non- discriminatory manner, having due regard, in all circumstances, to the potential consequences of the mitigation measures for the exercise of fundamental rights of all parties affected;

Amendment 795 #

Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)

(ca) done in a way that does not compromise end-to-end encryption;

Amendment 796 #

Proposal for a regulation
Article 4 – paragraph 2 – point d

(d) introduced, reviewed, discontinued or expanded, as appropriate, each time the risk assessment is conducted or updated pursuant to Article 3(4), as soon as possible and in any case within ~~three~~six months from the date referred to therein.

Amendment 797 #

Proposal for a regulation
Article 4 – paragraph 2 – point d

(d) they shall be introduced, reviewed, discontinued or expanded, as appropriate, each time the risk assessment is conducted or updated pursuant to Article 3(4), within three months from the date referred to therein.

Amendment 798 #

Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)

(da) they shall respect the principles of data protection by design and by default, as well as of data minimisation.

Amendment 799 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. If the risk assessment conducted or updated in accordance with Article 3 identifies that there is a risk of use of the service being used to disseminate, store or make available verified child sexual abuse material, reasonable mitigation measures may include voluntary measures to detect and remove such material in accordance with Article 4, (a).

Amendment 800 #

Proposal for a regulation
Article 4 – paragraph 3

Amendment 801 #

Proposal for a regulation
Article 4 – paragraph 3

Amendment 802 #

Proposal for a regulation
Article 4 – paragraph 3

Amendment 803 #

Hilde VAUTMANS, Olivier CHASTEL, Maite PAGAZAURTUNDÚA, Abir AL-SAHLANI, Fabienne KELLER, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 4 – paragraph 3

Amendment 804 #

Proposal for a regulation
Article 4 – paragraph 3

3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary and proportionate age verification and age assessment measures to reliably ~~identify child~~differentiate between child users and adult users on their services, enabling them to take the mitigation measures and protect child users. Age assurance or age verification systems as mitigation measure shall be implemented only if they meet the criteria set in Article 3, paragraph 2a of this Regulation.

Amendment 805 #

Proposal for a regulation
Article 4 – paragraph 3

3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably ~~identify child~~differenciate between child and adult users on their services, enabling them to take the mitigation measures. Age assurances or age verification systems as mitigation measures shall be implemented only if they meet the criteria set in Article 3, paragraph 2a of this Regulation.

Amendment 806 #

Loránt VINCZE, Miriam LEXMANN, François-Xavier BELLAMY

Proposal for a regulation
Article 4 – paragraph 3

3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the mitigation measures and to put in place effective measures to block the access of children to websites that fall under an age- restriction applicable under national law.

Amendment 807 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Michal ŠIMEČKA, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 4 – paragraph 3

Amendment 808 #

Fabienne KELLER

Proposal for a regulation
Article 4 – paragraph 3

3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary a~~ge verification~~nd proportionate age assurance and age assessment measures to reliably ~~identify child~~differentiate between child users and adult users on their services, enabling them to take the mitigation measures and protect child users.

Amendment 809 #

Proposal for a regulation
Article 4 – paragraph 3

3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary ~~age verification and age assessment measures to reliably identify child users on their services, enabling them to take the mitigation measures~~safety-by-design measures, including those mentioned in Article 4 paragraph 1 a.

Amendment 810 #

Proposal for a regulation
Article 4 – paragraph 3

3. Providers of number independent interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a systemic risk of use of their services for the purpose of the solicitation of children, ~~shall~~may take ~~the necessary age verification and age assessment~~proportionnate measures to ~~reliably~~ identify child users on their services~~, enabling them to take the mitigation measur~~ or to give the child user the opportunity to consensually identify themselves.

Amendment 811 #

Proposal for a regulation
Article 4 – paragraph 3 a (new)

3a. Any requirement to take specific measures shall be without prejudice to Article 8 of Regulation (EU) 2022/2065 [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] and shall entail neither a general obligation for hosting services providers to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity. Any requirement to take specific measures shall not include an obligation to use ex-ante control measures based on automated tools or upload-filtering of information, to interfere with the secrecy of communications or to restrict the possibility to use a service anonymously.

Amendment 812 #

Proposal for a regulation
Article 4 – paragraph 3 a (new)

3a. Risk mitigation measures shall always be strictly necessary and proportionate, and shall never entail a general monitoring obligation, an obligation to seek knowledge about the content of private communications, contrary to Article 5 of the ePrivacy Directive, nor an obligation for providers to seek knowledge of illegal content.

Amendment 813 #

Proposal for a regulation
Article 4 – paragraph 3 b (new)

3b. Nothing in this regulation shall be construed as prohibiting, restricting, circumventing or undermining the provision or the use of encrypted services.

Amendment 814 #

Proposal for a regulation
Article 4 – paragraph 4

Amendment 815 #

Proposal for a regulation
Article 4 – paragraph 4

4. PWhere appropriate, providers of hosting services and providers of number- independent interpersonal communications services shall clearly describe in their terms ~~and conditions~~of service the mitigation measures that they have taken. That description shall not include information that ~~may~~is likely to reduce the effectiveness of the mitigation measures.

Amendment 816 #

Proposal for a regulation
Article 4 – paragraph 4

4. Providers of hosting services and providers of number-independent interpersonal communications services shall clearly describe in their terms and conditions the mitigation measures that they have taken. That description shall not include information that may reduce the effectiveness of the mitigation measures.

Amendment 817 #

Proposal for a regulation
Article 4 – paragraph 4

4. Providers of hosting services and providers of number independent interpersonal communications services shall clearly describe in their terms and conditions the mitigation measures that they have taken. That description shall not include information that may reduce the effectiveness of the mitigation measures.

Amendment 818 #

Proposal for a regulation
Article 4 – paragraph 5

5. The Commission, in cooperation with Coordinating Authorities, European Data Protection Board, Fundamental Rights Agency and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2, 3 and 4, having due regard in particular to relevant technological developments and in the manners in which the services covered by those provisions are offered and used. The European Data Protection Board shall also issue guidelines regarding the compliance with the General Data Protection Regulation of existing and future technologies that are used for the detection of child sexual abuse material in encrypted and non-encrypted environments.Data Protection authorities shall be in charge of the supervision of the application of those guidelines.With respect to any specific technology used for the purpose set out in Article 7, a mandatory prior data protection impact assessment as referred to in Article 35 of Regulation (EU) 2016/679 and a mandatory prior consultation procedure as referred to in Article 36 of that Regulation must be conducted.The competent authorties shall assess any technologies in use or that shall be used to detect child sexual abuse material in light of Regulation (EU) 2016/679 and Directive 2002/58/EC. The European Commission, along with the European Data Protection Board, Fundamental Rights Agency shall issue guidelines on how providers may implement age verification and age assessment measures with full respect for the Charter of Fundamental Rights and the General Data Protection Regulation.

Amendment 819 #

Proposal for a regulation
Article 4 – paragraph 5

5. The Commission, in cooperation with Coordinating Authorities ~~and~~, the EU Centre, the European Data Protection Board and the Fundamental Rights Agency, and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2, 3 and 4, having due regard in particular to relevant technological developments and in the manners in which the services covered by those provisions are offered and used. The European Commission, along with the European Data Protection Board and the Fundamental Rights Agency shall issue guidelines on how providers may implement age verification and age assessment measures, in particular based on selective disclosure of attributes, with full respect for the Charter of Fundamental Rights and Regulation (EU) 2016/679 .

Amendment 820 #

Proposal for a regulation
Article 4 – paragraph 5

5. The ~~Commission,~~EU Centre in cooperation with the Coordinating Authorities and ~~the EU Centre and~~ after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2, 3 and 4~~, having due regard in particular to relevant technological developments and in the manners in which the services covered by those provisions are offered and used~~.

Amendment 821 #

Proposal for a regulation
Article 4 – paragraph 5

Amendment 822 #

Proposal for a regulation
Article 4 – paragraph 5 a (new)

5a. The European Data Protection Board (EDPB) shall issue guidelines regarding the compliance with the General Data Protection Regulation of existing and future technologies that are used for the detection of child sexual abuse material in encrypted and non- encrypted environments. Data Protection Authorities shall be in charge of the supervision of the application of the EDPB guidelines and they shall assess any technologies currently used or that will be used to scan the content of communications with the aim of detecting CSAM or any other type of content in light of the Regulation (EU) 2016/679 (General Data Protection Regulation) and the Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).

Amendment 823 #

Proposal for a regulation
Article 4 – paragraph 5 a (new)

5a. Prior to the deployment of any specific technology pursuant to this Article, a mandatory prior data protection impact assessment as referred to in Article 35 of Regulation (EU) 2016/679 and a mandatory prior consultation procedure as referred to in Article 36 of that Regulation must be conducted.

Amendment 824 #

Proposal for a regulation
Article 4 – paragraph 5 b (new)

5b. Where the mitigating measures by a provider in accordance with Paragraph 1 prove to be ineffective or insufficient, the Coordinating Authority shall have the power to order the provider to comply with this Article, including by ordering the provider to take specific mitigating measures in accordance with this Article.

Amendment 825 #

Proposal for a regulation
Article 4 a (new)

Article4a Additional requirements for voluntary detection and removal of verified child sexual abuse material 1. Providers of hosting services and providers of interpersonal communications services who take measures under Article 4(2) to voluntary detect and remove child sexual abuse material shall: a) do so in compliance with Regulation (EU) 2016/679 (General Data Protection Regulation) and applicable national law concerning the processing of personal data relating to criminal offences or alleged criminal offences; b) ensure that the processing of personal data is limited to what is strictly necessary for the purpose of prevention, detection and reporting of child sexual abuse online and removal of child sexual abuse material and, unless child sexual abuse online has been detected and confirmed as such, is erased immediately; c) implement internal procedures to ensure that new child sexual abuse material, or solicitation of children, it not reported to relevant authorities without prior human confirmation; d) consider any such processing of content or traffic data commenced after the date of this Regulation shall be considered high risk to the rights and freedoms of natural persons for the purposes of Articles 35 and 36 of Regulation (EU) 2016/679 and complete a prior data protection impact assessment and consult with their relevant supervisory authority. 2. The provider has identified evidence of a significant risk of the service being used for the purposes of online child sexual abuse in the risk assessment conducted or updated in accordance with Article 3, and that is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extent for the dissemination of child sexual abuse material. 3. The provider has implemented additional and appropriate technological and operational controls, safeguards and measures aimed at detecting online child sexual abuse and usage of technologies in accordance with Article 10 and with regard to the principle of data protection by design and by default laid down in Article 25 of Regulation (EU) 2016/679. 4. The provider shall draft and submit to the Coordinating Authority and the EU Centre an implementation plan setting out the measures it envisages taking to voluntarily detect child sexual abuse material, including detailed information regarding the envisaged technologies and safeguards and where applicable, attaching the opinion of the competent data protection authority and specifying how the implementation plan has been adjusted in view of the outcome of the data protection impact assessment and of that opinion. 5. The provider shall annually publish and submit to the competent supervisory authority and to the Commission a report on the processing of personal data under this Regulation, including on the type and volumes of data processed, number of cases identified, measures applied to select and improve key indicators, effectiveness of the different technologies deployed, the retention policy and the data protection safeguards applied.

Amendment 826 #

Proposal for a regulation
Article 4 a (new)

Article4a Legal basis for the risk mitigation through metadata processing 1. On the basis of the risk assessment submitted and, where applicable, further information, the Coordinating Authority of establishment shall have the power to authorise or require a provider of hosting services or a provider of interpersonal communications services to process metadata to the extent strictly necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, as a mitigation measure in accordance with Article 4. When assessing whether to request the processing of metadata, the Coordinating Authority shall take into account any interference with the rights to privacy and data protection of the users of the service that such a processing entails and determine whether, in that case, the processing of metadata would be effective in mitigating the risk of use of the service for the purpose of child sexual abuse, and that it is strictly necessary and proportionate. 2. If they process metadata as a risk mitigation measure, providers shall inform their users of such processing in their terms and conditions, including information on the possibility to submit complaints to the competent DPA concerning the relevant processing, in accordance with Regulation (EU) 2016/679, and on the avenues for judicial redress.

Amendment 827 #

Proposal for a regulation
Article 4 a (new)

Article4a Specific measures for platforms primarily used for the dissemination of pornographic content Where an online platform is primarily used for the dissemination of user generated pornographic content, the platform shall take the necessary technical and organisational measures to ensure a. user-friendly reporting mechanisms to report alleged child sexual abuse material; b. adequate professional human content moderation to rapidly process notices of alleged child sexual abuse material; c. automatic mechanisms and interface design elements to inform users about external resources in the user’s region on preventing child sexual abuse, counselling by specialist helplines, victim support and educational resources by hotlines and child protection organisations; d. automatic detection of searches for child sexual abuse material, warning and advice alerts displayed to users doing such searches, and flagging of the search and the user for human moderation;

Amendment 828 #

Article4b Specific measures for number- independent interpersonal communications service within games Providers of online games that operate number-independent interpersonal communications service within their games, and which are exposed to a substantial amount of online child sexual abuse, shall take all of the following specific measures in addition to the requirements referred to Article 4: 1. prevent users from initiating unsolicited contact with other users; 2. facilitate user-friendly reporting of alleged child sexual abuse material; 3. provide technical measures and tools that allow users to manage their own privacy, visibility, reachability and safety and that are set to the most private and secure levels by default; 4. provide tools in a prominent way on their platform that allow users and potential victims to seek help from their local help-line.

Amendment 829 #

Proposal for a regulation
Article 5

1. Providers of hosting services and providers of interpersonal communications services shall transmit, by three months from the date referred to in Article 3(4), to the Coordinating Authority of establishment a report specifying the following: (a) the process and the results of the risk assessment conducted or updated pursuant to Article 3, including the assessment of any potential remaining risk referred to in Article 3(5); (b) any mitigation measures taken pursuant to Article 4. 2. Within three months after receiving the report, the Coordinating Authority of establishment shall assess it and determine, on that basis and taking into account any other relevant information available to it, whether the risk assessment has been carried out or updated and the mitigation measures have been taken in accordance with the requirements of Articles 3 and 4. 3. Where necessary for that assessment, that Coordinating Authority may require further information from the provider, within a reasonable time period set by that Coordinating Authority. That time period shall not be longer than two weeks. The time period referred to in the first subparagraph shall be suspended until that additional information is provided. 4. Without prejudice to Articles 7 and 27 to 29, where the requirements of Articles 3 and 4 have not been met, that Coordinating Authority shall require the provider to re-conduct or update the risk assessment or to introduce, review, discontinue or expand, as applicable, the mitigation measures, within a reasonable time period set by that Coordinating Authority. That time period shall not be longer than one month. 5. Providers shall, when transmitting the report to the Coordinating Authority of establishment in accordance with paragraph 1, transmit the report also to the EU Centre. 6. Providers shall, upon request, transmit the report to the providers of software application stores, insofar as necessary for the assessment referred to in Article 6(2). Where necessary, they may remove confidential information from the reports.Article 5 deleted Risk reporting

Amendment 830 #

Proposal for a regulation
Article 5 – title

Risk reporting and oversight

Amendment 831 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. Providers of hosting services and providers of number-independent interpersonal communications services to which Article 3 applies shall transmit, by three months from the date referred to in Article 3(4), to the Coordinating Authority of establishment a report specifying the following:

Amendment 832 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. Providers of hosting services and providers of number independent interpersonal communications services shall transmit, by three months from the date referred to in Article 3(4), to the Coordinating Authority of establishment a report specifying the following:

Amendment 833 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. Providers of hosting services and providers of number-independent interpersonal communications services shall transmit, by three months from the date referred to in Article 3(4), to the Coordinating Authority of establishment a report specifying the following:

Amendment 834 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. Providers of hosting services and providers of interpersonal communications services shall transmit, by ~~thre~~one months from the date referred to in Article 3(4), to the Coordinating Authority of establishment a report specifying the following:

Amendment 835 #

Proposal for a regulation
Article 5 – paragraph 1 – point a

(a) the process and the results of the risk assessment conducted or updated pursuant to Article 3~~, including the assessment of any potential remaining risk referred to in Article 3(5)~~;

Amendment 836 #

Proposal for a regulation
Article 5 – paragraph 1 – point a

(a) the process and the results of the risk assessment conducted or updated pursuant to Article 3, ~~including the assessment of any potential remaining risk referred to in Article 3(5);~~

Amendment 837 #

Hilde VAUTMANS, Maite PAGAZAURTUNDÚA, Olivier CHASTEL, Fabienne KELLER, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 5 – paragraph 1 – point a

(a) ~~the process and~~ the results of the risk assessment conducted or updated pursuant to Article 3, including the assessment of any ~~potential remaining~~reasonably foreseeable remaining systemic serious risk referred to in Article 3(5);

Amendment 838 #

Proposal for a regulation
Article 5 – paragraph 1 – point b

(b) any mitigation measures taken and those that require prior authorization pursuant to Article 4.

Amendment 839 #

Proposal for a regulation
Article 5 – paragraph 1 – point b

(b) any ~~mitigation~~specific measures taken pursuant to Articles 4, 4a and 4b.

Amendment 840 #

Proposal for a regulation
Article 5 – paragraph 2

Amendment 841 #

Proposal for a regulation
Article 5 – paragraph 2

2. Within ~~thre~~one months after receiving the report, the Coordinating Authority of establishment shall assess it and determine, on that basis and taking into account any other relevant information available to it, whether the risk assessment has been carried out or updated and the mitigation measures have been taken in accordance with the requirements of Articles 3 and 4.

Amendment 842 #

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1

Amendment 843 #

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2

~~The time period referred to in the first subparagraph shall be suspended until that additional information is provid~~deleted.

Amendment 844 #

Proposal for a regulation
Article 5 – paragraph 4

4. Without prejudice to Articles 7 and 27 to 29, where the requirements of Articles 3 and 4 have not been met, that Coordinating Authority shall require the provider to ~~re-conduct or~~make specific updates to the risk assessment or to ~~introduce, review, discontinue or expand, as applicable, the mitigation measures~~take the necessary measures so as to ensure that Articles 3 and 4 are complied with, within a reasonable time period set by that Coordinating Authority. That time period shall not be longer than one month. The provider may choose the type of specific measures to take.

Amendment 845 #

Proposal for a regulation
Article 5 – paragraph 4 – point a (new)

(a) Where the Coordinating Authority considers that the mitigation measures taken do not comply with Article 4, it shall address a decision to the provider requiring it to take the necessary measures so as to ensure that Article 4 is complied with.

Amendment 846 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4a. The provider may, at any time, request the competent Coordinating authority to review and, where appropriate, amend or revoke a decision as referred to in paragraph 4. The authority shall, within three months of receipt of the request, adopt a reasoned decision on the request based on objective factors and notify the provider of that decision.

Amendment 847 #

Proposal for a regulation
Article 5 – paragraph 6

Amendment 848 #

Proposal for a regulation
Article 5 – paragraph 6

Amendment 849 #

Proposal for a regulation
Article 5 – paragraph 6

Amendment 850 #

Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 1 (new)

Service providers, the EU Centre and all European and national authorities managing the personal data of children or adults are required to comply with the GDPR.

Amendment 851 #

Proposal for a regulation
Article 6

Amendment 852 #

Proposal for a regulation
Article 6

1. Providers of software application stores shall: (a) make reasonable efforts to assess, where possible together with the providers of software applications, whether each service offered through the software applications that they intermediate presents a risk of being used for the purpose of the solicitation of children; (b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children; (c) take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the measures referred to in point (b). 2. In assessing the risk referred to in paragraph 1, the provider shall take into account all the available information, including the results of the risk assessment conducted or updated pursuant to Article 3. 3. Providers of software application stores shall make publicly available information describing the process and criteria used to assess the risk and describing the measures referred to in paragraph 1. That description shall not include information that may reduce the effectiveness of the assessment of those measures. 4. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2 and 3, having due regard in particular Article 6 deleted Obligations for software application sto re~~levant technological developments and to the manners in which the services covered by those provisions are offered and used.~~s

Amendment 853 #

Proposal for a regulation
Article 6

Amendment 854 #

Proposal for a regulation
Article 6

Amendment 855 #

Proposal for a regulation
Article 6

Amendment 856 #

Proposal for a regulation
Article 6

Amendment 857 #

Proposal for a regulation
Article 6

Amendment 858 #

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. Providers of software application stores considered as gatekeepers under the Digital Markets Act (EU) 2022/1925 shall:

Amendment 859 #

Proposal for a regulation
Article 6 – paragraph 1 – point a

(a) make reasonable efforts to assess, where possible together with the providers of software applications, whether each service offered through the software applications that they intermediate presents a risk of being used for the purpose of the solicitation ofindicate, based on the information provided by the applications developers, if applications contain features that could pose a risk to children;

Amendment 860 #

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the ~~solicitation of children;~~exploting children or where the developer of the software application has informed the software application store that its terms of use do not allow child users, the software application has an appropriate age rating model in place, or the developer of the software application has requested the software application store not to allow child users to download its software applications.

Amendment 861 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) ~~take reasonable measures to prevent child users from accessing~~inform the software application provider concerned and the EU Centre about the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children;

Amendment 862 #

Proposal for a regulation
Article 6 – paragraph 1 – point b

Amendment 863 #

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of childrindicate, based on the information provided by the applications developers, if measures have been taken by the application to mitigate risks for children, and which measures have been taken;

Amendment 864 #

Proposal for a regulation
Article 6 – paragraph 1 – point b – point i (new)

i) the developer of the software application has decided and informed the software application store that its terms and conditions of use do not permit child users,

Amendment 865 #

Proposal for a regulation
Article 6 – paragraph 1 – point b – point ii (new)

ii) the software application has an appropriate age rating model in place, or

Amendment 866 #

Proposal for a regulation
Article 6 – paragraph 1 – point b – point iii (new)

iii) the developer of the software application has requested the software application store not to allow child users to download its software applications.

Amendment 867 #

Proposal for a regulation
Article 6 – paragraph 1 – point c

~~(c) take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the measures referred to in point (b).~~deleted

Amendment 868 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Michal ŠIMEČKA, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 6 – paragraph 1 – point c

~~(c) take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the measures referred to in point (b).~~deleted

Amendment 869 #

Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)

(ca) indicate, based on the information provided by the applications developers, the minimum age for using an application, as set out in the terms and conditions of the provider of the application;

Amendment 870 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Abir AL-SAHLANI, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1a. Providers of software applications who have been informed that in relation to their software applications a significant risk of use of the service concerned for the purpose of the solicitation of children has been identified, shall take reasonable and proportionate mitigation measures.

Amendment 871 #

Proposal for a regulation
Article 6 – paragraph 2

Amendment 872 #

Proposal for a regulation
Article 6 – paragraph 3

Amendment 873 #

Proposal for a regulation
Article 6 – paragraph 4

4. The Commission, in cooperation with Coordinating Authorities ~~and~~, the EU Centre, the European Data Protection Board and the Fundamental Rights Agency, and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2 and 3, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.

Amendment 874 #

Article6a Encrypted services and metadata processing 1. Nothing in this Regulation shall be interpreted as prohibiting or weakening end-to-end encryption. 2. On the basis of the risk assessment submitted and, where applicable, further information, the Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to authorise a provider of hosting services or a provider of interpersonal communications services to process metadata to the extent strictly necessary and proportionate to mitigate the risk of misuse of their services for the purpose of online child sexual abuse. When assessing whether to request the processing of metadata, the Coordinating Authority shall take into account any interference with the rights to privacy and data protection of the users of the service that such a processing entails and determine whether, in that case, the processing of metadata would be effective in mitigating the risk of use of the service for the purpose of child sexual abuse, and that it is strictly necessary and proportionate. 3. Without prejudice to Regulation (EU) 2016/679, providers shall inform the users of such processing in their terms and conditions, including information on the possibility to submit complaints to the competent data processing authorities concerning the relevant processing and on the avenues for judicial redress.

Amendment 875 #

Proposal for a regulation
Article 6 a (new)

Article6a End-to-end encrypted services Nothing in this Regulation shall be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communcations shall be understood the processing of any data that would compromise or put at risk the integrity and confidentiality of the content and communications in the end- to-end encryption. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communications services provides third party actors access to the end-to-end encrypted content.

Amendment 876 #

Sven SIMON, Christian DOLESCHAL, Niclas HERBST, Sara SKYTTEDAL, Jessica POLFJÄRD, Tomas TOBÉ, Arba KOKALARI

Proposal for a regulation
Article 6 a (new)

Article6a End-to-end encrypted services Nothing in this Regulation shall be interpreted as prohibiting, weakening or compromising the integrity and confidentiality of end-to-end encrypted content and communications. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provides third party actors access to end-to-end encrypted content. No provider of a hosting service or provider of interpersonal communication services shall be compelled to enable or create access to communcations by means of bypassing user authentication or encryption under the scope of this regulation.

Amendment 877 #

Proposal for a regulation
Article 6 a (new)

Article6a Encrypted services and metadata processing 1. Nothing in this Regulation shall be interpreted as prohibiting or weakening end-to-end encryption.

Amendment 878 #

Proposal for a regulation
Article 6 b (new)

Article6b Software application stores 1.Providers of software application stores shall: (a) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children;

Amendment 879 #

Proposal for a regulation
Article 7

~~[...]~~deleted

Amendment 880 #

Proposal for a regulation
Article 7

~~[...]~~deleted

Amendment 881 #

Proposal for a regulation
Article 7

~~[...]~~deleted

Amendment 882 #

Sven SIMON, Christian DOLESCHAL, Niclas HERBST, Jessica POLFJÄRD, Tomas TOBÉ, Arba KOKALARI

Proposal for a regulation
Article 7 – title

Issuance of targeted detection orders

Amendment 883 #

Proposal for a regulation
Article 7 – title

Issuance of detection ~~order~~warrants

Amendment 884 #

Proposal for a regulation
Article 7 – title

7 Issuance of detection ~~order~~warrants

Amendment 885 #

Proposal for a regulation
Article 7 – paragraph 1

Amendment 886 #

Proposal for a regulation
Article 7 – paragraph 1

1. ~~The Coordinating Authority of establishment shall have the power to~~A competent judicial authority may issue, following a request by the ~~competent judicial a~~Coordinating Authority of the Member State that designated ~~it or another independent administrative authority of that Member State to issue~~the judicial authority, a detection ~~order~~warrant requiring a provider of hosting services or a provider of number-independent interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect ~~online~~ child sexual abuse onmaterial related to specific terminal equipment or a specific user~~vice~~ account, where there is a reasonable suspicion such content is stored on that terminal equipment or in that user account.

Amendment 887 #

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it ~~or another independent administrative authority of that Member State~~to consider whether to issue a detection warrant order requiring a provider of hosting services or a provider of number- independent interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect ~~online~~ child sexual abuse ~~on a~~material linked to specific terminal equipments or specific user~~vice~~ accounts where there is reasonable suspicion that such content is in that user account or on that terminal equipment.

Amendment 888 #

Sven SIMON, Christian DOLESCHAL, Niclas HERBST, Jessica POLFJÄRD, Tomas TOBÉ, Arba KOKALARI

Proposal for a regulation
Article 7 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it ~~or another independent administrative authority of that Member State~~ to issue a targeted detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect indivdual cases of online child sexual abuse on a specific service. The scope of a targeted detection order shall be limited to individual users or groups of users for whom there is evidence suggesting that their conduct might have a link with child sexual abuse offences.

Amendment 889 #

Proposal for a regulation
Article 7 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it ~~or another independent administrative authority of that Member State~~ to issue a detection order requiring a provider of hosting services or a provider of publicly available number-independent interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect ~~online~~ child sexual abuse ~~on a specific service~~material in images or videos contained in the uploads or communications of one or more specific users of that service, where there is reasonable suspicion of child sexual abuse offences committed by these users.

Amendment 890 #

Moritz KÖRNER, Sophia IN 'T VELD, Jana TOOM, Morten PETERSEN, Abir AL-SAHLANI, Jan-Christoph OETJEN, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 7 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it ~~or another independent administrative authority of that Member State~~ to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific service in the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children.

Amendment 891 #

Proposal for a regulation
Article 7 – paragraph 1

1. The Coordinating Authority of establishment shall have the power to request ~~the competent judicial authority of the Member State that designated it or another independent administrative authority of that~~a court of law of a Member State to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take ~~the~~ measures ~~specified in Article 10~~ to detect online child sexual abuse ~~on a specific service~~where there is probable cause to suspect illegal activity.

Amendment 892 #

Proposal for a regulation
Article 7 – paragraph 1

Amendment 893 #

Proposal for a regulation
Article 7 – paragraph 1

Amendment 894 #

Hilde VAUTMANS, Olivier CHASTEL, Lucia ĎURIŠ NICHOLSONOVÁ

Proposal for a regulation
Article 7 – paragraph 1

Amendment 895 #

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1a. The Coordinating Authority of establishment shall have the power to authorise the provider the voluntary use of specific technologies for the processing of personal data and other data to the extent strictly necessary to detect, report and remove online child sexual abuse on their services and to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, following a risk assessment performed by the provider pursuant to Article 3 of this Regulation. It shall have the power to define the terms of authorisation for the provider to take measures specified in Article 10 to detect online child sexual abuse on a specific service.

Amendment 896 #

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1a. Detection orders shall only target providers of hosting services or providers of number independent interpersonal communications services that fail to comply with the requirements outlined in articles 3, 4 and 5 of this Regulation. They shall only be issued once all the measures in the abovementioned articles have been exhausted and target providers that can reasonably be expected to have the technical and operational ability to act.

Amendment 897 #

Tomas TOBÉ, Jessica POLFJÄRD, Jörgen WARBORN, Arba KOKALARI

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1a. Interpersonal communications to which end to end encryption is, has been or will be applied, shall not be subject to the measures specified in Article 10.

Amendment 898 #

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1a. Such a detection order shall as far as possible be restricted and specified, not calling for mass detection through the whole services.

Amendment 899 #

Proposal for a regulation
Article 7 – paragraph 2

2. The Coordinating Authority of establishment shall, before requesting the issuance of a detection order, carry out the investigations and assessments necessary to determine whether the conditions of paragraph 4 have been met. To that end, it may, where appropriate, require the provider to submit the necessary information, additional to the report and the further information referred to in Article 5(1) and (3), respectively, within a reasonable time period set by that Coordinating Authority, or request the EU Centre, another public authority or relevant experts or entities to provide the necessary additional information.deleted

Amendment 900 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The request of the Coordinating Authority of establishment ~~shall, before requesting the issuance of a detection order, carry out the investigations and assessments necessary to determ~~for a targeted detection order shall include any evidence suggesting individual or collective conduct that establishes a linek w~~hether the conditions of paragraph 4 have been met~~ith child sexual abuse offences, in particular previous offences.

Amendment 901 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The Coordinating Authority of establishment shall, before requesting the issuance of a detection ~~order~~warrant, carry out the investigations and assessments necessary to determine whether the conditions of paragraph 4 have been met.

Amendment 902 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The Coordinating Authority of establishment shall, before requesting the issuance of a detection order, carry out the ~~investigations and~~ assessments necessary to determine whether the conditions of paragraph 4 have been met.

Amendment 903 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2

To that end, it may, where appropriate, require the provider to submit ~~the necessary information, additional to the report and the further information referred to in Article 5(1) and (3), respectively,~~evidence within a reasonable time period set by that Coordinating Authority, or request the EU Centre, another public authority or relevant experts or entities to provide the necessary additional information.

Amendment 904 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2

To that end, it may, where appropriate, require the provider to submit the necessary information, additional to the report and the further information referred to in Article 5(1) and (3), respectively, within a reasonable time period set by that Coordinating Authority, or request ~~the EU Centre,~~ another public authority or relevant experts or entities to provide the necessary additional information.

Amendment 905 #

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. The grounds for issuing the order shall outweight the negative consequences for the rights and legitimate iterests of all the parties concerned, having regard in particular to the need to endure a fair balance between the fundamental rights of those parties. The order shall be a measure of last resort and shall be issued on the basis of a case-by-case analysis.

Amendment 906 #

Proposal for a regulation
Article 7 – paragraph 3

~~[...]~~deleted

Amendment 907 #

Proposal for a regulation
Article 7 – paragraph 3

~~[...]~~deleted

Amendment 908 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – introductory part

Where the Coordinating Authority of establishment takes the ~~preliminary~~ view that the conditions of paragraph 4 have been met, it shall:

Amendment 909 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point a

(a) establish a draft request to the competent judicial authority of the Member State that designated it for the issuance of a detection ~~order~~warrant, specifying the main elements of the content of the detection ~~order~~warrant it intends to request and the reasons for requesting it;

Amendment 910 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point a

Amendment 911 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point a

(a) establish a draft request for the issuance of a detection order, specifying the factual and legal grounds upon which the request is based, the main elements of the content of the detection order it intends to request and the reasons for requesting it;

Amendment 912 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point a

(a) establish a draft request for the issuance of a detection order, specifying targeted suspects and or activities, the main elements of the content of the detection order it intends to request and the reasons for requesting it;

Amendment 913 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point b

~~(b) submit the draft request to the provider and the EU Centre;~~deleted

Amendment 914 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point b

(b) submit the draft request to the ~~provider and the EU Centre;~~ supervisory authorities designated pursuant to Chapter VI, Section 1, of Regulation (EU) 2016/678 and request it to perform its tasks within the competence pursuant to Chapter VI, Section 2 of Regulation (EU) 2016/678 and provide its opinion on the draft request, within a reasonable time period set by that Coordinating Authority;

Amendment 915 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point c

~~(c) afford the provider an opportunity to comment on the draft request, within a reasonable time period set by that Coordinating Authority;~~deleted

Amendment 916 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point c

~~(c) afford the provider an opportunity to comment on the draft request, within a reasonable time period set by that Coordinating Authority;~~deleted

Amendment 917 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point c

~~(c) afford the provider an opportunity to comment on the draft request, within a reasonable time period set by that Coordinating Authority;~~deleted

Amendment 918 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point d

~~(d) invite the EU Centre to provide its opinion on the draft request, within a time period of four weeks from the date of receiving the draft request.~~deleted

Amendment 919 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point d

~~(d) invite the EU Centre to provide its opinion on the draft request, within a time period of four weeks from the date of receiving the draft request.~~deleted

Amendment 920 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point d

(d) invite the EU Centre to provide its opinion on the draft request, within a time period of ~~four~~two weeks from the date of receiving the draft request.

Amendment 921 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point d a (new)

(da) Request the supervisory authorities designated pursuant to Chapter VI, Section 1, of Regulation (EU) 2016/678 to perform their tasks within the competence pursuant to Chapter VI, Section 2 of Regulation (EU) 2016/678 and provide thei opinion on the draft request, within a reasonable time period set by that Coordinating Authority;

Amendment 922 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2

Where, having regard to the comments of the provider and the opinion of the EU Centre, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall re-submit the draft request, adjusted where appropriate, to the provider. In that case, the provider shall do all of the following, within a reasonable time period set by that Coordinating Authority: (a) draft an implementation plan setting out the measures it envisages taking to execute the intended detection order, including detailed information regarding the envisaged technologies and safeguards; (b) where the draft implementation plan concerns an intended detection order concerning the solicitation of children other than the renewal of a previously issued detection order without any substantive changes, conduct a data protection impact assessment and a prior consultation procedure as referred to in Articles 35 and 36 of Regulation (EU) 2016/679, respectively, in relation to the measures set out in the implementation plan; (c) where point (b) applies, or where the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met, adjust the draft implementation plan, where necessary in view of the outcome of the data protection impact assessment and in order to take into account the opinion of the data protection authority provided in response to the prior consultation; (d) submit to that Coordinating Authority the implementation plan, where applicable attaching the opinion of the competent data protection authority and specifying how the implementation plan has been adjusted in view of the outcome of the data protection impact assessment and of that opinion.deleted

Amendment 923 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2

Amendment 924 #

Javier MORENO SÁNCHEZ, Juan Fernando LÓPEZ AGUILAR, Domènec RUIZ DEVESA, Pietro BARTOLO, Hilde VAUTMANS, Antonio LÓPEZ-ISTÚRIZ WHITE, Milan BRGLEZ, Heléne FRITZON

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – introductory part

Where, having regard to the ~~comments of the provider and the~~ opinion of the EU Centre, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have been met, it shall re~~-submit the draft request, adjusted where appropriate, to the provider. In that case,~~quest the judicial validation of the detection order from the competent judicial authority responsible for the issuing of such orders pursuant to paragraph 4. Upon receipt of judicial validation of the order, the Coordinating Authority shall submit the order, adjusted where appropriate, to the provider. Prior to requesting the judicial validation of the detection order, the Coordinating Authority shall request the provider ~~shall~~to do all of the following, within a reasonable time period ~~set by that Coordinating Authority~~:

Amendment 925 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – introductory part

Where, having regard to the comments of the provider and the opinion of the EU Centre, and in particular taking into account the assessment of the EU Centre´s Technical Committee as referred to in Article 66(6)(a NEW), that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall re-submit the draft request, adjusted where appropriate, to the provider. In that case, the provider shall do all of the following, within a reasonable time period set by that Coordinating Authority:

Amendment 926 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – introductory part

Where, having regard to the comments of the ~~provider and the opinion of the EU Centre~~comepetent supervisory authorities designated pursuant to Chapter VI, Section 1, of Regulation (EU) 2016/678 to, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall re-submit the draft request, adjusted where appropriate~~, to the provider. In that case, the provider shall do all of the following, within a reasonable time period set by that Coordinating Authority~~ and shall:

Amendment 927 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a

Amendment 928 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a

(a) draft an implementation plan setting out the measures it envisages taking to execute the intended detection order, including detailed information regarding the envisaged technologies and safeguards; the implementation plan shall explicitly set out the specific measures that the provider intends to take to counter act potential security risk that might be linked to the execution of the detection order on its services. The provider may consult the EU Centre, and in particular its Technology Committee, to obtain support in identifying appropriate measures in this respect;

Amendment 929 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a

(a) draft an implementation plan setting out the specific person or persons the authority intends to investigate, the measures it envisages taking to execute the intended detection order, including detailed information regarding the envisaged technologies and safeguards;

Amendment 930 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a

(a) draft an implementation plan setting out the measures it envisages taking to execute the intended detection ~~order~~warrant, including detailed information regarding the envisaged technologies and safeguards;

Amendment 931 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b

Amendment 932 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b

(b) where the draft implementation plan concerns an intended detection order concerning the solicitation of children other than the renewal of a previously issued detection order without any substantive changes, conducrequest a data protection impact assessment and a prior consultation procedure as referred to in Articles 35 and 36 of Regulation (EU) 2016/679, respectively, in relation to the measures set out in the implementation plan;

Amendment 933 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b

(b) where the draft implementation plan concerns an intended detection order concerning the ~~solicitation of children~~reasonable suspicion that the dissemination of child sexual abuse material is conducted by one or more specific users , and where other than the renewal of a previously issued detection order without any substantive changes, conduct a data protection impact assessment and a prior consultation procedure as referred to in Articles 35 and 36 of Regulation (EU) 2016/679, respectively, in relation to the measures set out in the implementation plan;

Amendment 934 #

Hilde VAUTMANS, Fabienne KELLER, Olivier CHASTEL, Lucia ĎURIŠ NICHOLSONOVÁ, Nathalie LOISEAU

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b

(b) where the draft implementation plan concerns an intended detection order concerning the solicitation of children other than the renewal of a previously issued detection order without any substantive changes, conduct a data protection impact assessment, a child rights impact assessment of child sexual abuse risks and a prior consultation procedure as referred to in Articles 35 and 36 of Regulation (EU) 2016/679, respectively, in relation to the measures set out in the implementation plan;

Amendment 935 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b

(b) where the draft implementation plan concerns an intended detection order concerning new child sexual abuse material and the solicitation of children other than the renewal of a previously issued detection order without any substantive changes, conduct a data protection impact assessment and a prior consultation procedure as referred to in Articles 35 and 36 of Regulation (EU) 2016/679, respectively, in relation to the measures set out in the implementation plan;

Amendment 936 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c

(c) where point (b) applies, or where the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met, adjust the draft implementation plan, where necessary in view of the outcome of the data protection impact assessment and in order to take into account the opinion of the data protection authority provided in response to the prior consultation;deleted

Amendment 937 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c

(c) ~~where point (b) applies, or where the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met,~~ adjust the draft implementation plan, where necessary in view of the outcome of the data protection impact assessment and in order to take into account the opinion of the data protection authority provided in response to the prior consultation;

Amendment 938 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c

(c) where point (b) applies, or where the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met, adjust the draft implementation plan, where necessary in view of the outcome of the data protection impact assessment, child rights impact assessment of child sexual abuse risks and in order to take into account the opinion of the data protection authority provided in response to the prior consultation;

Amendment 939 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c

(c) where point (b) applies, or where the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met, adjust the draft implementation plan, where necessary, in view of the outcome of the data protection impact assessment and in order to take ~~into~~utmost account of the opinion of the data protection authority provided in response to the prior consultation;

Amendment 940 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point d

(d) submit to that Coordinating Authority the implementation plan, where applicable attaching the opinion of the competent data protection authority and specifying how the implementation plan has been adjusted in view of the outcome of the data protection impact assessment and of that opinion.deleted

Amendment 941 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point d

(d) submit to that ~~Coordinating Authority~~competent judicial authority of the Member State that designated it the implementation plan, ~~where applicable~~ attaching the opinion of the competent data protection authority and specifying how the implementation plan has been adjusted in view of the outcome of the data protection impact assessment and of that opinion.

Amendment 942 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point d

Amendment 943 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3

Where, having regard to the implementation plan of the provider and the opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the issuance of the detection, adjusted where appropriate, to the competent judicial authority or independent administrative authority. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.deleted

Amendment 944 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3

Where, having regard to the ~~implementation plan of the provider and the~~ opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the issuance of the detection, adjusted where appropriate, to the competent judicial authority ~~or independent administrative authority. It shall attach the implementation plan of the provider and~~. It shall attach the opinions of the ~~EU Centre and the~~ data protection authority to that request.

Amendment 945 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3

Where, having regard to the ~~implementation plan of the provider and the~~ opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the issuance of the detection, adjusted where appropriate, to the competent judicial ~~authority or independent administrative~~ authority. It shall attach the implementation plan ~~of the provider~~ and the opinions of the ~~EU Centre and the~~ data protection authority to that request.

Amendment 946 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3

Where, having regard to the implementation plan of the provider and the opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the issuance of the detection, adjusted where appropriate, to ~~the competent judicial authority or independent administrative authority~~a court of law. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.

Amendment 947 #

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3

Where, having regard to the implementation plan of the provider and having utmost regard to the opinion of the data protection authority, that Coordinating Authority ~~continues to be of~~is the view that the conditions of paragraph 4 have met, it shall submit the request for the validation and issuance of the detection, adjusted where appropriate, to the competent judicial authority ~~or independent administrative authority~~e. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.

Amendment 948 #

Proposal for a regulation
Article 7 – paragraph 4

4. The Coordinating Authority of establishment shall request the issuance of the detection order, and the competent judicial authority or independent administrative authority shall issue the detection order where it considers that the following conditions are met: (a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable; (b) the reasons for issuing the detection order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties. When assessing whether the conditions of the first subparagraph have been met, account shall be taken of all relevant facts and circumstances of the case at hand, in particular: (a) the risk assessment conducted or updated and any mitigation measures taken by the provider pursuant to Articles 3 and 4, including any mitigation measures introduced, reviewed, discontinued or expanded pursuant to Article 5(4) where applicable; (b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection order for all other parties affected; (c) the views and the implementation plan of the provider submitted in accordance with paragraph 3; (d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3. As regards the second subparagraph, point (d), where that Coordinating Authority substantially deviates from the opinion of the EU Centre, it shall inform the EU Centre and the Commission thereof, specifying the points at which it deviated and the main reasons for the deviation.deleted

Amendment 949 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1

The Coordinating Authority of establishment shall request the issuance of the detection order, and the competent judicial authority or independent administrative authority shall issue the detection order where it considers that the following conditions are met: (a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable; (b) the reasons for issuing the detection order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties.deleted

Amendment 950 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part

Amendment 951 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part

Amendment 952 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part

The Coordinating Authority of establishment shall request the issuance of the detection ~~order~~warrant, and the competent judicial authority ~~or independent administrative authority~~ shall issue the detection ~~order~~warrant where it considers that the following conditions are met:

Amendment 953 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part

The Coordinating Authority of establishment shall request the issuance of the targeted detection order, and the competent judicial authority ~~or independent administrative authority~~ shall issue the targeted detection order ~~where it considers that the following conditions are met:~~in accordance with the applicable legal standard for evidence in criminal law.

Amendment 954 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part

TBased on a reasoned justification, the Coordinating Authority of establishment shall request the issuance of the detection order, and the competent judicial authority ~~or independent administrative authority~~ shall issue the detection order where it considers that the following conditions are met:

Amendment 955 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a

~~(a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable;~~deleted

Amendment 956 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a

~~(a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable;~~deleted

Amendment 957 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a

(a) there is clear evidence of a s~~ignificant~~ystemic risk ofthat the service is being used for the purpose of online child sexual abuse, ~~within the meaning of paragraphs 5, 6 and 7, as applicable;~~

Amendment 958 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a

(a) there is evidence ~~of a significant risk~~amounting to a reasonable suspicion of the service being used for the purpose of ~~online child sexual abuse~~disseminating or receiving child sexual abuse material by one or more users, within the meaning of paragraphs 5, 6 and 7, as applicable;

Amendment 959 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a

(a) there is ~~evidence of a significant risk of the servic~~substantive evidence demonstrating a reasonable suspicion that individual accounts or groups of accounts are being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable;

Amendment 960 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a

(a) there is ~~evidence of a significant risk of the servic~~substantive evidence amounting to reasonable suspicion that individual accounts or groups of accounts are being used for the purpose of ~~online~~ child sexual abuse online, within the meaning of paragraphs 5, 6 and 7, as applicable;

Amendment 961 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a

(a) there is evidence of ~~a significant risk of~~ the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable;

Amendment 962 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a a (new)

(aa) the actual or potential implications for the rights and legitimate interests of all parties concerned, including the possible failure of the measures to respect the fundamental rights enshrined in the Charter;

Amendment 963 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b

(b) the reasons for issuing the detection order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties.deleted

Amendment 964 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b

Amendment 965 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b

(b) ~~the reasons for~~ issuing the detection order is necessary and proportionate and outweighs negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties.

Amendment 966 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b

(b) the reasons for issuing the detection ~~order~~warrant outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties.

Amendment 967 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b a (new)

(ba) the provider has failed to take all reasonable and proportionate mitigation measures within the meaning of Article 4 to prevent and minimise the risk of the service being used for the purpose of online child sexual abuse;

Amendment 968 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b a (new)

(ba) The detection warrant does not affect the security and confidentiality of communications on a general scale.

Amendment 969 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b a (new)

(ba) The detection order does not affect the security and confidentiality of communications on a general scale;

Amendment 970 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b b (new)

(bb) The technology used to protect the communication, such as any kind of encryption, shall not be affected or undermined by the detection warrant.

Amendment 971 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b b (new)

(bb) The technology used to protect the communication, such as any kind of encryption, shall not be affected or undermined by the detection order;

Amendment 972 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b c (new)

(bc) All measures outlined in articles 3, 4 and 5 have been exhausted.

Amendment 973 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b d (new)

(bd) Nothing in the order can be construed as requiring or encouraging the provider to weaken, break, circumvent or otherwise undermine or limit the encryption, security, or other means of protecting the confidentiality of communications, of the platform or service of the provider.

Amendment 974 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2

Amendment 975 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2

Amendment 976 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2

Amendment 977 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point -a (new)

(-a) the availability of information to adequately describe the specific purpose and scope of the order, including the legal basis for the suspicion;

Amendment 978 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point a

Amendment 979 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point a a (new)

(aa) whether or not the prosecution or judge would have sufficient information to issue the warrant with instructions describing the specific purpose and scope regarding the envisaged technologies to execute the warrant, including the basis upon which the individuals concerned are suspects within the meaning of Union or national law;

Amendment 980 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point b

Amendment 981 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point b

Amendment 982 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point c

~~(c) the views and the implementation plan of the provider submitted in accordance with paragraph 3;~~deleted

Amendment 983 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point c

~~(c) the views and the implementation plan of the provider submitted in accordance with paragraph 3;~~deleted

Amendment 984 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point c

(c) the views, including on the technical feasibility, and the implementation plan of the provider submitted in accordance with paragraph 3;

Amendment 985 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point d

~~(d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3.~~deleted

Amendment 986 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point d

(d) the opinions of the ~~EU Centre and of the data protection a~~data protection authority submitted in accordance with paragraph 3 and, where applicable, the opinion of the Coordinating Authority issu~~bmitt~~ed in accordance with Article 5, paragraph 34b.

Amendment 987 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point d

(d) the opinion~~s of the EU Centre and~~ of the data protection authority submitted in accordance with paragraph 3.

Amendment 988 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3

Amendment 989 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3

Amendment 990 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3

As regards the second subparagraph, point (d), where that Coordinating Authority substantially deviates from the opinion of the ~~EU Centre, it shall inform the EU Centre and the Commission~~the data protection authority, it shall inform the data protection authority thereof, specifying the points at which it deviated and the main reasons for the deviation.

Amendment 991 #

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3

~~As regards the second subparagraph, point (d), w~~Where that Coordinating Authority substantially deviates from the opinion of the ~~EU Centre, it shall inform the EU Centre~~data protection authorities, it shall inform the data protection authorities and the Commission thereof, specifying the points at which it deviated and the main reasons for the deviation.

Amendment 992 #

Proposal for a regulation
Article 7 – paragraph 5

5. As regards detection orders concerning the dissemination of known child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: (a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extent for the dissemination of known child sexual abuse material; (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent for the dissemination of known child sexual abuse material.deleted

Amendment 993 #

Proposal for a regulation
Article 7 – paragraph 5

Amendment 994 #

Proposal for a regulation
Article 7 – paragraph 5

Amendment 995 #

Proposal for a regulation
Article 7 – paragraph 5

Amendment 996 #

Proposal for a regulation
Article 7 – paragraph 5

Amendment 997 #

Proposal for a regulation
Article 7 – paragraph 5

Amendment 998 #

Proposal for a regulation
Article 7 – paragraph 5 – point a

(a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extent for the dissemination of known child sexual abuse material;deleted

Amendment 999 #