Changes from report parliamentary committee draft to plenary report

AddedArticle 13 – paragraph 1 – point f a (new): (fa) where applicable, an exact uniform resource locator and, where necessary, additional information for the identification of the potential child sexual abuse material;

RemovedArticle 16 – paragraph 2 – subparagraph 2 – point a: (a) verify that, in respect of all or a representative sample of the Uniform Resource Identifiers 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;

AddedArticle 13 – paragraph 1 – point g: (g) available information concerning the identity of any user involved in the potential online child sexual abuse;

RemovedArticle 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 Identifier, 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;

AddedArticle 13 – paragraph 1 – point i a (new): (ia) where applicable, information on the reporting mechanism or on the specific technology that enabled the provider to become aware of the potential online child sexual abuse following measures taken to execute a detection order issued in accordance with Article 7;

RemovedArticle 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 Identifier 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;

AddedArticle 13 – paragraph 1 – point j: (j) whether the provider considers that the report involves an imminent threat to the live or safety of a child, or requires urgent action;

RemovedArticle 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 Identifiers;

AddedArticle 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 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 subject to judicial validation referred to in Article 36(1) identified as constituting child sexual abuse material. / Removal orders shall be addressed to the service provider acting as controller in accordance with Regulation (EU) 2016/679. By way of derogation, the removal order may be directly addressed to the service provider that stores or otherwise processes the data on behalf of the controller, where: / (a) the controller cannot be identified despite reasonable efforts on the part of the issuing authority; or / (b) addressing the controller might be detrimental to an ongoing investigation.

RemovedArticle 16 – paragraph 4 – subparagraph 1 – point c: (c) the Uniform Resource Identifiers indicate, in a sufficiently reliable manner, child sexual abuse material;

AddedArticle 14 – paragraph 1 a (new): 1a. Before issuing a removal order, the competent judicial authorities shall take all reasonable measures to ensure that executing the removal order does not interfere with activities for the investigation and prosecution of child sexual abuse offences.

RemovedArticle 17 – paragraph 1 – point a: (a) the reference to the list of Uniform Resource Identifiers, 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);

AddedArticle 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, except where the removal order indicates a shorter period. For micro and small enterprises, 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 working days.

RemovedArticle 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 Identifiers 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.

AddedArticle 14 – paragraph 3 – introductory part: 3. The competent judicial authority shall issue a removal order using the template set out in Annex IV. Removal orders shall include:

RemovedArticle 18 – paragraph 4 – introductory part: 4. Where a provider prevents users from accessing the Uniform Resource Identifiers pursuant to a blocking order issued in accordance with Article 17, it shall take reasonable measures to inform the users of the following:

AddedArticle 14 – paragraph 3 – point a: (a) identification details of the judicial issuing the removal order and authentication of the removal order by that authority;

RemovedArticle 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 Identifiers 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,

AddedArticle 14 – paragraph 3 – point g: (g) a reference to Article 14 of this Regulation as the legal basis for the removal order;

RemovedArticle 18 a (new): Article 18a / Delisting orders / 1. The Coordinating Authority of establishment shall have the power to issue a delisting order addressed to the provider of online search engines or any other artificial intelligence systems under the jurisdiction of that Member State, to take reasonable measures to delist a particular resource or resources indicating specific items of known child sexual abuse material, when the conditions set out in paragraph 3 are met. / 2. Before issuing an order under paragraph 1, the Coordinating Authority of establishment shall inform the provider of its intention specifying the main elements of the content of the delisting order and the reasons to delist a particular resource or resources. It shall afford the provider the opportunity to comment on that information, within a reasonable time period set by that Authority. / 3. The Coordinating Authority of establishment shall issue a delisting order, where it considers that delisting is necessary to prevent the dissemination of child sexual abuse material to users in the Union, having regard to the need to protect the rights of the victims and to the existence and implementation by the provider of a policy to address the risk of such dissemination.

AddedArticle 14 – paragraph 3 – point h: (h) the date, time stamp and electronic signature of the judicial authority issuing the removal order;

RemovedArticle 18 b (new): Article 18b / Additional rules regarding delisting orders / 1. The Coordinating Authority shall issue delisting orders as referred to in Article 18a using the template set out in Annex X. Delisting orders shall include: / (a) the name of the provider and, where applicable, its legal representative; / (b) where known, the specific service in respect of which the delisting order is issued; / (c) all the necessary details to properly identify the affected resource or resources; / (d) the start date of the delisting; / (e) a sufficiently detailed statement of reasons explaining the delisting order; / (f) a reference to this Regulation as the legal basis for delisting; / (g) the date, time stamp and electronic signature of the Coordinating Authority issuing the delisting order; / (h) easily understandable information about the redress available, including information about redress to a court and about the time periods applicable to such redress. / 2. The Coordinating Authority that issues the delisting order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24. / 3. The Coordinating Authority shall transmit the delisting order 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). / 4. The Coordinating Authority shall draft the delisting order …

AddedArticle 14 – paragraph 4 – subparagraph 1: The judicial authority 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.

RemovedArticle 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, delisting from search results, or reporting online child sexual abuse in accordance with those requirements.

AddedArticle 14 – paragraph 8 a (new): 8a. Where Europol or the national competent law enforcement authorities or the EU Centre pursuant to Article 49(2), become aware of the presence of child sexual abuse material on a hosting service, they shall notify the competent Coordinating Authority of its exact uniform resource locator, and the Coordinating Authority shall request a removal order where the conditions of paragraph 1 and 1a are met.

Change 64

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Change 65

AddedArticle 15 – paragraph 2 – subparagraph 1: When the removal order becomes final, the competent judicial authority that issued the removal order shall, without undue delay, inform the Coordinating Authority of establishment thereof. The Coordinating Authority of establishment shall then, without undue delay, inform the EU Centre and all other Coordinating Authorities through the system established in accordance with Article 39(2).

AddedArticle 15 – paragraph 3 – point b: (b) the reasons for the removal or disabling, providing a copy of the removal order;

AddedArticle 15 – paragraph 4 – subparagraph 1: The Coordinating Authority of establishment may request, when requesting the judicial 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.

AddedArticle 15 – paragraph 4 – subparagraph 2 – point a: (a) the judicial 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;

AddedArticle 15 – paragraph 4 – subparagraph 2 – point c: (c) that judicial authority shall inform the provider of its decision, specifying the applicable time period.

AddedArticle 15 – paragraph 4 – subparagraph 3: That judicial 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 shall inform the provider of its decision, specifying the applicable time period. Article 14(3) shall apply to that decision.

AddedArticle 16 – paragraph 1: 1. As a measure of last resort, when the known child sexual abuse material cannot be reasonable removed at source, the Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it 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 the exact 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.

AddedArticle 16 – paragraph 2 – subparagraph 2 – point a: (a) verify that, 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;

AddedArticle 16 – paragraph 2 – subparagraph 2 – point b: (b) require the provider to submit, within a reasonable time period set by that Coordinating Authority, any necessary information, in particular regarding the apparent accessing or attempting to access by users of the child sexual abuse material indicated by the uniform resource locators;

AddedArticle 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 known 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;

AddedArticle 16 – paragraph 4 – subparagraph 1 – introductory part: The Coordinating Authority of establishment may request the issuance of the blocking order, and the competent judicial authority shall issue the blocking order, where it considers that all the following conditions are simultaneously met:

AddedArticle 16 – paragraph 4 – subparagraph 1 – point a: (a) the child sexual abuse material cannot reasonable be removed at source and the material is still online;

AddedArticle 16 – paragraph 4 – subparagraph 1 – point c: (c) the exact uniform resource locators indicate, in a sufficiently reliable manner, child sexual abuse material;

AddedArticle 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;

AddedArticle 16 – paragraph 4 – subparagraph 1 – point d a (new): (da) it is technically feasible for the provider, without undermining web traffic encryption and without collateral blocking of access to lawful content accessible via other uniform resource locators.

AddedArticle 16 – paragraph 5 – introductory part: 5. The Coordinating Authority of establishment when requesting the issuance of blocking orders, and the competent judicial when issuing the blocking order, shall:

AddedArticle 16 – paragraph 6 – subparagraph 2: The period of application of blocking orders shall not exceed five years, but it can be renewed afterwards if necessary.

AddedArticle 16 – paragraph 7 – subparagraph 1: In respect of the blocking orders that the competent judicial 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.

AddedArticle 16 – paragraph 7 – subparagraph 2: That Coordinating Authority shall request to the competent judicial 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.

AddedArticle 17 – paragraph 2: 2. The competent judicial 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.

AddedArticle 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 that issued the blocking order.

AddedArticle 18 – paragraph 2 – subparagraph 1: When the blocking order becomes final, the competent judicial 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).

AddedArticle 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 and in a diligent manner, 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.

AddedArticle 20 – paragraph 1 – subparagraph 1: Victims shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside or a Coordinating Authority of their choice 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 right to information shall cover both occasional information as well as periodic information on a weekly, monthly or yearly basis.

AddedArticle 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. Victims shall have the right to ask and receive such an information in the language indicated by that person, in a confidential, age-appropriate, accessible, understandable and gender-sensitive manner. The information in question shall be provided, within a reasonable period of time.

AddedArticle 20 – paragraph 1 – subparagraph 1 a (new): For the purpose of this Regulation, parents and guardians or legal representatives shall be entitled to exercise the rights of victims on their behalf where the victim is under 18 years of age or legally incompetent.

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 victim making the request.

Change 66

RemovedArticle 21 – paragraph 1: 1. Providers of 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.

AddedArticle 20 – paragraph 1 a (new): 1a. Where victims indicate in their request the preference for a periodic information, the Coordinating Authority shall provide periodically the victim, with the information referred to in paragraph 3. Victims may terminate such a request for periodic information at any time by notifying the competent Coordinating Authority.

RemovedArticle 21 – paragraph 2 – subparagraph 1: To that end, victims 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 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.

AddedArticle 20 – paragraph 2 – point b: (b) where applicable, the individual or entity formally assisting or representing the victim that is to receive the information on behalf of the person making the request;

RemovedArticle 21 – paragraph 3: deleted

AddedArticle 20 – paragraph 2 – point c: (c) sufficient elements to verify that the child sexual abuse material matches the identity of the victim making the request;

RemovedArticle 22 – paragraph 1 – subparagraph 1 – introductory part: Providers of relevant information society services and providers of 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: