“A perfidious trick? The EU Council Presidency wants to mandatory #ChatControl through the backdoor: An art. 4 amendment would MANDATE ‘all reasonable mitigation measures,’ including scanning, enforced with sanctions.”

The Legislative Backdrop

We recently covered the EU Chat Control proposal and what it’s approval would mean for personal data privacy. The EU’s ongoing debate around the Child Sexual Abuse Regulation (CSAR) has ignited one of the most intense privacy controversies in recent years. Originally proposed to combat child exploitation online, the legislation aimed to require digital services—including encrypted messaging platforms—to scan user communications for illegal material. While well-intentioned, this initiative quickly drew criticism for its potential to undermine encryption, erode privacy, and normalize mass surveillance.

Over the past year, opposition from privacy advocates, cryptographers, and several EU member states has grown stronger. Concerns center on whether such measures would effectively deputize private companies to monitor all citizens’ communications under the guise of safety. Now we have a small update courtesy of Denmark to share with you.

The Danish Presidency’s New Proposal

Denmark, now presiding over the EU Council, has introduced a revised compromise text that claims to balance privacy and child protection. The proposal drops explicit mandatory scanning requirements but still introduces obligations that many interpret as a de facto mandate.

Key Elements of the Proposal

• Removal of the earlier mandatory detection clauses but insertion of Article 4 language requiring “all reasonable mitigation measures.”
• Potential penalties and enforcement mechanisms if providers fail to implement “reasonable” safeguards—effectively making scanning unavoidable.
• A review clause empowering the European Commission to revisit and reinstate mandatory scanning if voluntary measures are deemed insufficient.
• Ongoing opposition from several member states, including Germany, which has stated that indiscriminate scanning remains unacceptable.

Why the New Language Raises Concerns

While the revised draft presents itself as a privacy-conscious compromise, critics argue that it still opens the door to broad surveillance. The phrase “all reasonable mitigation measures” could be interpreted to include client-side scanning or other intrusive monitoring technologies. Combined with potential sanctions for non-compliance, this creates a chilling effect on privacy-by-design platforms.

Encryption advocates fear that even “voluntary” scanning will force companies to weaken or bypass encryption, violating the confidentiality promises that secure messaging depends on. What looks like flexibility on paper may, in practice, pressure providers into compliance through regulatory coercion.

The Broader Privacy and Security Debate

The EU’s Chat Control debate reflects a larger struggle between safety and privacy. Governments emphasize the need for rapid intervention against child abuse materials, while technologists warn that once encryption backdoors exist, they can be exploited by bad actors—including hackers and authoritarian regimes.

• Privacy experts argue that no system can guarantee both absolute security and full surveillance capabilities simultaneously.
• Digital rights organizations continue to call for solutions that address CSAM without blanket scanning, such as improved reporting, targeted investigations, and better cross-border collaboration.
• Tech companies stress the importance of end-to-end encryption as a foundation for user trust and democratic freedoms.

Implications for Businesses and Compliance Teams

Even though the current version of Chat Control emphasizes “voluntary” participation, the inclusion of enforcement mechanisms signals a potential shift toward semi-mandatory compliance. For technology providers, messaging apps, and SaaS platforms, this uncertainty necessitates proactive compliance planning.

Key Action Steps for Organizations

1. Audit your data flows: Identify whether your service involves user-to-user communication or encrypted content transmission that may fall under CSAR scope.
2. Document mitigation measures: Keep detailed records of existing moderation, detection, and reporting mechanisms to demonstrate good-faith compliance.
3. Preserve encryption integrity: Avoid architectural changes that compromise encryption; instead, explore privacy-preserving scanning technologies that operate locally or with zero-knowledge proofs.
4. Engage in transparency reporting: Publish clear disclosures about scanning or moderation practices to maintain public trust.
5. Leverage compliance software: Tools like the software we provide here at CaptainCompliance.com can automate documentation, consent logs, and audit trails for privacy regulations, helping businesses adapt if new EU directives take effect.

Risk Call-Out: “Voluntary” May Still Mean Mandatory

The line between voluntary and mandatory scanning remains dangerously thin. If regulatory pressure or sanctions are tied to “reasonable measures,” providers may have no real choice but to adopt scanning tools. This ambiguity makes proactive privacy governance and legal readiness critical for every organization handling user data.

What Comes Next

The Danish Presidency continues to negotiate consensus among EU members, but divisions remain sharp. A postponed vote is expected to be rescheduled, and the European Parliament will eventually have its say in trilogue negotiations. Until then, businesses should prepare for multiple outcomes — ranging from soft compliance guidance to binding mandates.

EU Chat Control’s Latest News Updates

The EU’s Chat Control saga highlights a recurring tension in the digital era: balancing child protection with the preservation of privacy and encryption. Denmark’s new text may soften the rhetoric, but it does not erase the risk of creeping surveillance. The call for “all reasonable mitigation measures” could easily evolve into a policy that mandates scanning in everything but name.

For privacy-minded organizations and compliance professionals, the takeaway is clear: prepare now. Develop transparent privacy frameworks, document your mitigation processes, and stay vigilant. What is optional today could become compulsory tomorrow.