- Denmark ends mandatory scanning of private chats in EU
- A new compromise could make chat monitoring voluntary instead.
- Known as Chat Control, this tool helps stop online child sexual abuse.
After months of backlash, Denmark has withdrawn a proposal that would have required chat monitoring on all messaging services operating in Europe. However, the battle for private chats is still ongoing.
By nickname Chat management critics, the Danish version of the Child Sexual Abuse Regulation (CSAR) was the first stopped the day before the decisive meeting scheduled for 14 October between the EU Council and the EU Justice Minister due to lack of support.
Under the now-defunct proposal, all messaging platforms would be required to scan all URLs, images and videos shared by their users for child sexual abuse material (CSAM).
Encrypted services like Signal and WhatsApp were expected to do this before messages were encrypted. The requirement that similar Signal, best VPN providers and other experts warned that this was inconsistent with the way encryption works.
Now that mandatory chat scanning has been removed, Denmark has put forward a new compromise that would make CSAM monitoring voluntary.
“The new approach is a triumph for the digital freedom movement and a big step forward when it comes to preserving our fundamental right to privacy in our digital communications,” commented longtime Chat Control critic Patrick Breuer.
A former German Pirate Party MEP and digital rights lawyer, Breuer isn't ready to celebrate just yet. While Denmark's new proposal is a decisive improvement, it still leaves some privacy and security concerns open for Europeans.
“Semi-good offer”
How according to the text The 30 October compromise, shared by the Danish Presidency, proposes to repeal all provisions on discovery obligations included in the bill (Articles 7–11). These are obligations to monitor all user chat activities.
Voluntary CSAM scanning will then become permanent and be included in Article 4 as a possible mitigation measure.
However, the Danish Presidency is still leaving the door open to mandatory scanning, planning to introduce a “review clause.”
This will allow the Commission to “assess the need and feasibility of including discovery obligations in the future.” A process that could “lead to a new legislative proposal from the Commission,” including new directives on discovery obligations.
It's worth remembering that the European Commission was the first to include mandatory chat scanning in its rules. Child Sexual Abuse Regulation (CSAR) proposal in May 2022 as a solution to the proliferation of child sexual abuse material (CSAM).
This, Internet Society director of government relations and advocacy Callum Voge told TechRadar, will allow the file to be revisited in the future if new detection technologies are developed as an alternative to client-side scanning.
“This is likely a Danish negotiating tactic aimed at appeasing conservative member states who have so far supported mandatory scanning,” Voge said.
However, according to Breuer, this may be a way to “introduce mandatory chat controls through the back door” rather than a real solution to the problem.
🇪🇺⚠️ A devious trick? The EU Council Presidency wants to introduce mandatory #ChatControl through a backdoor 🚪: Art. The 4th Amendment will REQUIRE “all reasonable mitigation measures” including scanning, backed by sanctions! 😡https://t.co/ewR3a3kSZaNovember 5, 2025
Another amendment could also require high-risk service providers to develop appropriate technologies to reduce the risk of child sexual abuse identified in their services (clause 5).
This indicates, explains Voge, the intentions of the Danish President at a high level. True, no details. “To be definitive, we need to see a concrete compromise text.”
To be sure, both Breuer and Voege also believe that the risk of indiscriminate mass surveillance remains, even if scanning remains voluntary.
Breuer told TechRadar: “Even where it is voluntarily implemented by communications service providers such as Meta, Microsoft or Google, chat monitoring is still completely untargeted and results in indiscriminate mass surveillance of all private communications on these services.”
However, according to Voge, the main thing here is choice.
He said: “Denmark's previous scanning requirement would have forced everyone to use unsafe services. Voluntary scanning means that users will still have a wide range of choices when it comes to the services they use.
It remains to be seen whether this new “semi-good” Danish proposal will garner the necessary majority to move to the next stage.
After all, Poland attempted a similar route earlier in the year, but gave on a voluntary chat scan in June due to lack of votes.
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