Changes from report parliamentary committee draft to plenary report

AddedArticle 20 – paragraph 2 – point c a (new): (ca) an indication of whether the request is occasional or covers a certain time period.

RemovedArticle 23 – paragraph 1: 1. 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. The single point of contact shall allow for direct communication with the users of the service for issues related to this Regulation.

AddedArticle 20 – paragraph 3 a (new): 3a. Victims shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside or the Coordinating Authority of their choice information regarding vitims’ rights, support and assistance. The information shall be age-appropriate, accessible, understandable and gender-sensitive and shall include: / (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 emotional, 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 legal assistance; / (e) how and under what conditions they can access compensation; / (f) how and under what conditions they are entitled to interpretation and translation.

RemovedArticle 26 – paragraph 2 – point c: (c) are free from any undue external influence, whether direct or indirect;

AddedArticle 21 – paragraph 1: 1. Providers of hosting services shall provide reasonable assistance, on request, to victims 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. That support shall be provided in a timely manner.

RemovedArticle 27 – paragraph 1 – point b: (b) 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 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;

AddedArticle 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 they resides or from the Coordinating Authority of their choice, 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. Victims shall have the right to receive any information relating to such support in a confidential, easily understandable and accessible manner to them. The support shall be provided by staff specifically trained to interact with victims and be able to address the specific needs and vulnerabilities of victims.

AddedArticle 21 – paragraph 2 – 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 22 – paragraph 1 – subparagraph 1 – point e: (e) esponding 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.

AddedArticle 22 – paragraph 1 – subparagraph 2: As regards the first subparagraph, point (a), the provider who uses its own detection may also preserve the fully anonymised 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. No personal data shall be retained for that purpose.

AddedArticle 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.

AddedArticle 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 state of art appropriate technical and organisational measures. 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, 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.

AddedArticle 24 – paragraph 1: 1. Providers of relevant information society services which do not have their main establishment in the Union, but which offer services in the Union, shall designate, in writing, a natural or legal person as its legal representative in the Union.

AddedArticle 25 – paragraph 2 – subparagraph 1: Member States shall, by the date referred to in paragraph 1, designate one of the 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

AddedArticle 25 – paragraph 2 – subparagraph 2: The Coordinating Authority shall be responsible for all matters related to the 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.

AddedArticle 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 prevention and combating of child sexual abuse, issuing of recommendations and good practices on improving digital skills and competences, education and awareness raising campaigns and the organisation of regular training activities for officials dealing with cases which involve children. / The Coordinating Authority shall in any event be responsible for contributing to the effective, efficient and consistent application and enforcement of this Regulation throughout the Union

AddedArticle 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 objectives application and enforcement of this Regulation in that Member State, including communication with trusted organisations providing assistance to victims, 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.

AddedArticle 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.

AddedArticle 25 – paragraph 7 – point a: (a) provide certain information or technical expertise on matters covered by this Regulation, including knowledge and expertise on appropriate prevention techniques against child sexual abuse;

AddedArticle 25 – paragraph 7 – point a a (new): (aa) provide information and expertise on gender-sensitive and age-appropriate victim assistance and support and prevention of online child sexual abuse;

AddedArticle 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 number-independent hosting or interpersonal communication services under the jurisdiction of the Member State that designated the requesting Coordinating Authority;

AddedArticle 25 – paragraph 8: 8. The EU Centre shall provide, without undue delay, such assistance free of charge and in accordance with its tasks and obligations under this Regulation and insofar as its resources and priorities allow.

AddedArticle 25 – paragraph 8 a (new): 8a. Coordinating Authorities shall, where necessary for the performance of their tasks under this Regulation and in order to promote the generation and sharing of knowledge and best practises in accordance with Article 43(6), cooperate with organisations and networks with expertise on matters related to the prevention and combating of online child sexual abuse, including civil society organisations and semi-public organisations and professional organisations of practitioners.

AddedArticle 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 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 legal representatives. Member States shall also ensure provide their Coordinating Authorities with all necessary resources, including sufficient technical, financial and human resources to efficiently carry out their tasks.

AddedArticle 26 – paragraph 2 – point e: deleted

AddedArticle 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.

AddedArticle 26 – paragraph 5: 5. Without prejudice to national or the Union law regulating 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.

AddedArticle 27 – paragraph 1 – introductory part: 1. Coordinating Authorities shall have the following investigatory powers in respect of providers of relevant information society services under the jurisdiction of the Member State that designated them:

AddedArticle 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 the power to request the competent judicial authority of the Member State that designated it 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;

Article 27 – paragraph 2: deleted

Change 67

AddedArticle 28 – paragraph 1 – introductory part: 1. 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:

AddedArticle 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;

Article 28 – paragraph 1 – point c: (c) the power to impose fines 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;

Change 68

RemovedArticle 28 – paragraph 1 – point d: (d) the power to impose a periodic penalty payment in accordance with Article 35 to ensure that an infringement of this Regulation is terminated in compliance with an order issued pursuant to point (b) of this paragraph;

AddedArticle 28 – paragraph 1 – point e: (e) the power to adopt appropriate, reasonable, and proportionate interim measures to prevent serious harm.

RemovedArticle 28 – paragraph 1 – point e: (e) the power to adopt appropriate, reasonable, and proportionate interim measures to avoid the risk of serious harm.

Article 28 – paragraph 2: deleted

Change 69

RemovedArticle 29 – title: Additional enforcement measures

AddedArticle 29 – paragraph 1 – introductory part: 1. Coordinating Authorities shall have the additional enforcement powers referred to in paragraph 2 in respect of providers of relevant information society services under the jurisdiction of the Member State that designated them, provided that:

RemovedArticle 29 – paragraph 1 – introductory part: 1. Coordinating Authorities shall have the power to request additional enforcement measures, in respect of providers of relevant information society services under the jurisdiction of the Member State that designated them, provided that:

Article 29 – paragraph 1 – point a: deleted

Change 70

RemovedArticle 29 – paragraph 2 – introductory part: 2. Coordinating Authorities shall have the power to request to the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State the following additional enforcement measures:

AddedArticle 29 – paragraph 1 – point b: (b) an infringement of this Regulation persists; and

Change 71

ChangedArticle 29 – paragraph 2 – point b – introductory part: (b) request the competent judicial 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:

Change 72

RemovedArticle 30 – title: Common provisions on investigatory and enforcement measures

AddedArticle 29 – paragraph 2 – point b – point ii: (ii) the infringement persists and causes serious harm; and

AddedArticle 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 to extend that period for further periods of the same lengths, subject to a maximum number of extensions set by that judicial authority.

AddedArticle 29 – paragraph 4 – subparagraph 3 – point a: (a) the provider has failed to take the necessary and proportionate measures to terminate the infringement;

AddedArticle 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 be targeted and precise, and 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.

AddedArticle 31 – paragraph 1: Coordinating Authorities shall have the power to carry out searches on publicly accessible content 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.

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.

Change 73

ChangedArticle 34 – paragraph 1: 1. Users and any body, organisation or association mandated to exercise the rights conferred by this Regulation on their behalf,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 whereof thehis useror residesher habitual residence, place of work or isplace established.of the alleged infringement.

Change 74

RemovedArticle 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 (1) (a) in the preceding financial year per day, calculated from the date specified in the decision concerned.

AddedArticle 34 – paragraph 1 a (new): 1 a. The Coordinating Authority with which the complaint has been lodged shall inform the complainant and the provider on the progress and the outcome of the complaint in accordance with national law.

RemovedArticle 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.

AddedArticle 34 – paragraph 1 b (new): 1 b. 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.

RemovedArticle 36 – paragraph 1 – subparagraph 1 – point b: (b) exact Uniform Resource Identifiers 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 Identifiers in accordance with Article 44(3).

AddedArticle 34 – paragraph 1 c (new): 1 c. The Coordinating Authority shall offer easy to use mechanism to anonymously submit information about infringements of this Regulation.