Dutch Government’s obstains from EU CSAM Regulation
On September 16, the Dutch Minister of Justice and Security, on behalf of several other ministers, informed the House of Representatives about the Dutch government’s stance on the EU Regulation to combat online child sexual abuse material (CSAM Regulation). The Regulation includes extensive measures to require internet companies to mitigate the risks of spreading child pornography and to remove such material quickly if detected.
A key component is the “detection order,” which allows internet companies to scan specific services for child pornography under strict conditions. This order is considered a last resort, only issued if a service poses a high risk of spreading such material. Companies must first assess risks, undergo evaluation, and implement risk-mitigating measures before a detection order can be requested by the Coordinating Authority of the member states, with judicial review as an option.
Throughout the negotiations, the Netherlands has maintained a clear stance against proposals for detecting unknown material and grooming, citing the unreliability of current technology for such purposes. The Dutch government has also emphasized the importance of end-to-end encryption and has opposed any measures that would undermine it. The recent compromise proposal from the Hungarian presidency limits the detection order to already known child pornography, addressing some of the Netherlands’ concerns. However, the Dutch government still has reservations and has decided not to support the proposal at this stage.
The Dutch government fully acknowledges the urgency of combating child pornography and supports effective EU regulations for this purpose. However, it remains concerned about the impact on fundamental rights, particularly privacy and the confidentiality of communications, as well as digital security. Consequently, the Netherlands will abstain from taking a position on the current proposal, aligning itself with countries that do not support the general orientation. The decision-making process will continue as the proposal moves to the European Parliament for further negotiations.
