EU's Proposed Anti‑Piracy Rules May Force VPNs to Scan Traffic, Industry Cautions

The European Commission is preparing a Europe‑wide anti‑piracy package that might require virtual private network (VPN) operators to oversee the material accessed via their platforms. This initiative, included in a wider Copyright Package expected to be adopted by 2027, would broaden the existing blocking orders used in France and Spain to cover the whole EU.

According to the draft, regulators could issue blocking orders obliging VPN providers to pinpoint and block traffic aimed at sites that distribute copyrighted works without authorization. A tech‑industry trade group cautioned that these requirements would compel VPNs to scrutinize user data, eroding the privacy safeguards that underpin their services.

France and Spain have already required VPNs to block a roster of piracy sites, invoking the protection of creators’ rights. Opponents claim the method is technically challenging and risks over‑blocking, unintentionally restricting lawful content. In addition, the duty to surveil encrypted traffic could make VPNs legally vulnerable and raise their operating expenses.

Supporters of the measure argue it closes a persistent loophole that lets users evade national copyright enforcement by channeling traffic through VPNs. They maintain that, absent similar duties for these providers, current anti‑piracy statutes remain significantly weakened.

Legal scholars point out that the proposal raises intricate issues concerning the trade‑off between intellectual‑property enforcement and online privacy. The EU’s General Data Protection Regulation (GDPR) sets stringent limits on personal data processing, and any compulsory traffic monitoring could clash with those safeguards.

Industry associations are urging a clear impact assessment, stressing that any mandate for VPNs to filter traffic should be narrowly defined, proportionate, and overseen independently. They propose alternatives, like broadening notice‑and‑takedown procedures, instead of imposing sweeping blocking obligations on privacy‑centric services.

The Commission plans to publish a formal proposal later this year, following a public consultation phase. Participants from the tech industry, rights owners, and consumer‑rights groups are expected to present divergent perspectives, influencing the legislation’s final form. The decision will decide if European VPN providers must sacrifice anonymity for compliance, or if the EU will pursue another route to combat online piracy.