The Dutch government has formally rejected the latest version of the European Union’s controversial proposal to combat online child sexual abuse, known as the CSAM Regulation.
In a letter to parliament, Minister of Justice and Security Foort van Oosten confirmed that the Netherlands will not support the inclusion of mandatory scanning measures that threaten secure, private digital communication.
The announcement comes just two weeks before a decisive vote on the legislation is scheduled to take place at the Justice and Home Affairs (JHA) Council on October 14. Under the current proposal drafted by the Danish EU Council Presidency, the regulation would allow authorities to issue detection orders requiring service providers to scan private communications, including those protected by end-to-end encryption, for both known and previously unseen child sexual abuse material (CSAM).
The ministry's letter outlines the key change in the Danish proposal compared to earlier drafts, which is the reintroduction of mandatory detection under certain conditions, alongside expanded scope for issuing scanning orders on newly created material. Despite some technical amendments introduced over the summer, the Dutch government maintains that the new version still crosses critical legal and ethical boundaries, placing it outside the country’s agreed negotiation framework.
“The compromise proposal foresees mandatory detection,” the ministry wrote, “which falls outside the Dutch position.” The Netherlands will therefore side with member states that cannot support the draft during the upcoming vote.
The CSAM Regulation, first proposed by the European Commission in 2022, aims to establish a unified EU legal framework to tackle the spread of child exploitation content online. It applies to hosting platforms, messaging services, and app stores, mandating risk assessments and mitigation measures, while also enabling authorities to issue detection orders targeting specific services. While the regulation’s goals are widely supported, the technical means proposed, especially mandatory client-side scanning, have triggered widespread concern among privacy advocates, civil society groups, legal scholars, and cryptographic experts.
The Netherlands’ opposition adds significant weight to the emerging bloc of dissenting countries. Germany, Austria, Belgium, and Finland have all expressed varying degrees of resistance to the regulation, particularly in relation to the requirement to scan encrypted communications. Germany, in particular, has taken a firm stance against undermining encryption, citing the fundamental right to confidential communication and concerns about the regulation’s legal durability under scrutiny from the EU’s top court.
However, uncertainty remains. Former MEP and digital rights advocate Patrick Breyer has recently warned that Germany’s position might be wavering under political pressure, cautioning that a reversal could tip the balance in favor of the regulation. While the formation of a “blocking minority” is still possible, it hinges on the consistency of opposition from key states like the Netherlands and Germany.
Until the vote on October 14, the future of the CSAM Regulation remains uncertain. For users concerned about privacy, especially those relying on secure messaging platforms, the outcome could have far-reaching implications. We recommend continuing to use services with strong end-to-end encryption and transparent privacy policies, and to remain wary of platforms that may be subject to invasive scanning mandates should the regulation pass in its current form.
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