You are right. Currently a regulation is in place allowing providers to scan communications voluntarily (so-called “Chat Control 1.0”). So far only some unencrypted US communications services such as GMail, Facebook/Instagram Messenger, Skype, Snapchat, iCloud email and X-Box apply chat control “voluntarily”. 

https://www.patrick-breyer.de/en/chatcontrol-european-parliament-approves-mass-surveillance-of-private-communications/