Options C and D, while building on Option B, would impose legal obligations on providers to detect certain types of online child sexual abuse on their services. Option C would require providers to detect known child sexual abuse material , namely copies of material that has previously been reliably verified as constituting CSAM. Option D would require providers to detect not only ‘known’ CSAM , but also ‘new’ CSAM (material that potentially constitutes child sexual abuse material, but not confirmed as such by an authority).
However, the providers covered typically operate across borders, often on an EU-wide basis, or may wish to do so. Accordingly, national requirements imposed on such market players to address online child sexual abuse increase fragmentation in the Digital Single Market and entail significant compliance costs for providers, while being insufficiently effective by virtue of the cross-border nature of the services concerned. It will receive the reports from providers, check them to avoid reporting obvious false positives and forward them to Europol as well as to national law enforcement authorities.
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. 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. To facilitate such cooperation, the necessary mechanisms and information-sharing systems should be provided for.
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Will contribute notably by facilitating the implementation of the obligations on service providers to detect, report and remove CSA online, and the action of law enforcement to follow up on those reports. The time periods referred to in the first subparagraph, points and , shall be those specified in the competent law enforcement authority’s request to the EU Centre, provided that they remain limited to what is necessary to avoid interference with the relevant activities and does not exceed 18 months. 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. 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.
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. The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user. Such assistance should be without prejudice to the respective tasks and powers of the Coordinating Authorities requesting assistance and of the EU Centre and to the requirements applicable to the performance of their respective tasks and the exercise of their respective powers provided in this Regulation. This proposal’s aim to create a specific the tools for forex trading EU framework to combat and prevent online CSA, with elements similar to that of the Terrorist Content Online Regulation, and building on the Digital Services Act provisions to create a harmonised baseline to address all illegal content by targeting child sexual abuse online and grooming in particular. Information that may prejudice ongoing activities for the assistance to victims or the prevention, detection, investigation or prosecution of child sexual abuse offences. 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.
The EU Centre staff, in particular those working in areas related to detection, reporting and removal of online child sexual abuse, shall have access to appropriate counselling and support services. 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. 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 and , 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. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. 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 authorities.
These obligations, in particular the requirement to detect new child sexual abuse materials and ‘grooming’, would result in the identification of new victims and create a possibility for their rescue from ongoing abuse, leading to a significant positive impact on their rights and society at large.. The provision of a clear legal basis for the mandatory detection and reporting of ‘grooming’ would also positively impact these rights. Increased and more effective prevention efforts will also reduce the prevalence of child sexual abuse, supporting the rights of children by preventing them from being victimised. Measures to support victims in removing their images and videos would safeguard their rights to protection of private and family life and of personal data. Specifically, obliging detection of online child sexual abuse on both ‘public-facing’ and ‘private’ services, including interpersonal communication services, results in varying levels of intrusiveness in respect of the fundamental rights of users.
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At the same time, the intervention provides for the appropriate supervision of relevant service providers and cooperation between authorities at EU level, with the involvement and support of the EU Centre where appropriate. As such, the initiative should increase legal certainty, trust, innovation and growth in the single market for digital services. He 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. 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.
The article provides for the establishment of measures to ensure the functioning of the Internal Market. Article 114 is the appropriate legal basis for a Regulation that seeks to harmonise the requirements imposed on providers of relevant online services in the Digital Single Market. As mentioned above, barriers to the Digital Single Market for Services have started to emerge following the introduction by some Member States of diverging national rules to prevent and combat online child sexual abuse. 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 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.
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The Executive Director shall submit to the European Parliament, at the latter’s request, any information required for the smooth application of the discharge procedure for year N. The EU Centre’s accounting officer shall, by 1 July of year N + 1, send the final accounts for year N to the European Parliament, the Council, the Commission, the Court of Auditors and national parliaments, together with the Management Board’s opinion. The EU Centre’s accounting officer shall send the provisional accounts for the financial year to the Commission’s accounting officer and to the Court of Auditors by 1 March of the following financial year (year N + 1). Budgetary commitments for actions relating to large-scale projects extending over more than one financial year may be broken down into several annual instalments. The EU Centre’s expenditure shall include staff remuneration, administrative and infrastructure expenses, and operating costs.
- The Commission will carry out an evaluation and submit a report to the European Parliament and the Council at the latest five years after the entry into force of the Regulation, and every six years thereafter.
- 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.
- 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.
- 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.
Sharing such support services is more cost-efficient and ensure a more professional service than duplicating them by creating them anew. Given the importance of their tasks and the potential impact of the use of their powers for the exercise of fundamental rights of the parties affected, it is essential that Coordinating Authorities are fully independent. To that aim, the rules and assurances applicable to Coordinating Authorities should be similar to those applicable to courts and tribunals, in order to guarantee that they constitute, and can in all respects act as, independent administrative authorities.
System involving an internal control coordinator, the Internal Audit Service of the Commission, the Management Board, the Commission, the Court of Auditors and the Budgetary Authority. This system is reflected and laid down in Chapter 4 of the proposed regulation setting up the EU Centre to Prevent and Combat Child Sexual Abuse. Will contribute notably by exchanging best practices with third countries, and facilitate Member States’ access to expertise and lessons learned from actions to fight what is bond etf and how it works against CSA around the globe. Shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
In accordance with Article 8 of the Regulation, the provider is to take the measures specified in Article 10 of the Regulation to execute the detection order, including the safeguards specified therein. The budgetary impact of the additional financial resources for CSA will be offset through a compensatory reduction from programmed spending under Heading 5. An Internal Audit capability will be established to take account of risks specific to the operation of the EU Centre, and bring a systematic and disciplined approach to evaluate the effectiveness of risk management, control, and governance processes, and by issuing recommendations for their improvement.
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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. 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.
With the Coordinating Authority designated by the Member State where the user resides or is established. The provider, the intended addressee or addressees and any other third party demonstrating a legitimate interest shall be entitled to participate in the proceedings regarding the request. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. That Coordinating Authority shall transmit the request to the EU Centre through the system established in accordance with Article 39 and shall communicate the results received from the EU Centre to the person making the request.
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 years of the date of its entry into force, and every five years thereafter. 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. Technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. The programme for monitoring the outputs, results and impacts of the proposed Regulation is set out in its Article 83 and outlined in more detail in the Impact Assessment. The programme sets out various indicators used to monitor the achievement of operational objectives and the implementation of the Regulation.
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State likely to have jurisdiction to investigate or prosecute the potential child sexual abuse to which the report relates. 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. Hose 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 Coordinating Authority of establishment shall assess the suspected infringement, taking into utmost account the request or recommendation referred to in paragraph 1. Where the complaint falls under the responsibility of another competent authority of the Member State that designated the Coordinating Authority receiving the complaint, that Coordinating Authority shall transmit it to that other competent authority. Coordinating Authorities shall 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 child’s age, maturity, views, needs and concerns.
These indicators should allow technologies to detect the dissemination of either the same material or of different child sexual abuse material , or the solicitation of children, as applicable. As a result of the measures obliging providers to detect and report known and new child sexual abuse material, the proposal would have a significantly positive impact on the fundamental rights of victims whose images are circulating on the internet, in particular on their right to respect for private and family life, right to protection of personal data and the right to the integrity of the person. Furthermore, the potential or actual removal of users’ material, in particular erroneous removal , can potentially have a significant impact on users’ fundamental rights, especially to freedom of expression and information. At the same time, online child sexual abuse material that is not detected and left unremoved can have a significant negative impact on the aforementioned fundamental rights of the children, perpetuating harm for children and for society at large. Other factors to be taken into account in this regard include the nature of the users’ material in question , the accuracy of the technology concerned, as well as the ‘absolute’ nature of the prohibition to exchange child sexual abuse material (which is in principle not subject to any exceptions and is not context-sensitive). To monitor the implementation of the regulation, the EU Centre shall collect and analyse data relevant for measuring the effectiveness of the detection, reporting and removal obligations.
As a result, the decision of whether to engage in these activities in principle cannot be left to the providers; it rather pertains to the legislator. Nonetheless, any obligations need to be narrowly targeted both in their personal and material scope and be coupled with adequate safeguards, in order not to affect the essence of the rights and to be proportionate. 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. As a result, while robust limits and safeguards are already applied to the detection of known child sexual abuse material, they are more restrictive for new child sexual abuse materials and, especially, for the detection of ‘grooming’. These include adjusted criteria for the imposition of the detection orders, a more limited period of application of those orders and reinforced reporting requirements during that period.
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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 legacyfx broker review 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. Those include support to Coordinating Authorities, facilitation of the risk assessment, detection, reporting, removal and blocking processes, and facilitating the generation and sharing of knowledge and expertise .
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. 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. With respect to the powers mentioned in paragraph 2 point and , the Executive Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2 of the Staff Regulations and Article 6 of the Conditions of Employment, delegating relevant appointing authority powers to the Executive Director. 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.
A five year timeline from the date of the legislation coming into force is envisaged for the proposed EU Centre to achieve full operational capacity. Commission resources would also be deployed to support the setting up of the Centre during this lead-in period. A dedicated monitoring framework, including a number of indicators per the specific objectives, is described in the Impact Assessment Report accompanying the proposal. Board and may conclude contracts, including staff contracts, following the adoption of the EU Centre’s establishment plan.
In addition, the proposal also sets out strong oversight mechanisms, which include requirements regarding the independence and powers of the national authorities charged with issuing the orders and overseeing their execution, as well as an assisting and advising role for the EU Centre. The EU Centre also contributes by making available not only accurate and reliable indicators, but also suitable technologies to providers, and by assessing reports of potential online child sexual abuse made by providers. 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. 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.
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, 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. The Coordinating Authority, as well as other competent authorities, play a crucial role in ensuring the effectiveness of the rights and obligations laid down in this Regulation and the achievement of its objectives. Accordingly, it is necessary to ensure that those authorities have not only the necessary investigatory and enforcement powers, but also the necessary financial, human, technological and other resources to adequately carry out their tasks under this Regulation. In particular, given the variety of providers of relevant information society services and their use of advanced technology in offering their services, it is essential that the Coordinating Authority, as well as other competent authorities, are equipped with the necessary number of staff, including experts with specialised skills.
This proposal will build on the necessity of the proposed Digital Services Act to ensure the best conditions for innovative cross-border digital services to develop in the EU across national territories, and at the same time maintain a safe online environment for all EU citizens. The current proposal builds on the 2011 Directive, in particular for the definition of child sexual abuse offences, and on the Interim Regulation, in particular on its safeguards for the detection of online child sexual abuse. The Member State in which the main establishment of the provider of relevant information society services is located shall have jurisdiction for the purposes of this Regulation. 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. Ching 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.