Denmark backs voluntary CSAM detection in EU proposal

The Danish Council presidency has indicated a shift in its approach to the proposed EU regulation on combating online Child Sexual Abuse Material (CSAM). According to statements by Justice Minister Peter Hummelgaard, Denmark will no longer pursue mandatory detection orders and will instead support a voluntary detection regime. This marks a departure from earlier Council discussions where Denmark had revived compulsory detection measures, including for services using end-to-end encryption.

Mandatory detection orders faced sustained opposition from several Member States due to concerns over privacy, encryption integrity, and fundamental rights compliance under the EU Charter. Critics argued that compelled scanning, particularly of encrypted communications, risks undermining confidentiality and could conflict with jurisprudence on data protection and proportionality. The shift to voluntary detection reflects an effort to find a consensus path that balances child protection with legal safeguards.

A voluntary regime would likely leverage risk-based obligations, transparency requirements, and incentives for providers to deploy vetted detection technologies, subject to strict accuracy, oversight, and redress mechanisms. The model may rely on trusted flaggers, improved reporting channels, and enhanced cooperation with law enforcement, while avoiding blanket scanning mandates that would trigger constitutional and technical challenges.

Procedurally, the Council’s repositioning reopens negotiations with the European Parliament and Commission on the core architecture of the CSAM proposal. Key issues include ensuring legality, necessity, and proportionality; protecting encryption; minimizing false positives; and establishing robust governance and audit frameworks. The outcome will shape compliance strategies for messaging apps, hosting services, and platforms operating across the EU.