Electronic evidence in criminal matters

Briefing 13-09-2023

In June 2023, the European Parliament and the Council of the EU adopted two legal acts – a regulation and a directive – on electronic evidence in criminal matters. In the course of the legislative procedure, the two acts drew broad, often critical comments from data protection bodies, civil society and industry stakeholders. The new rules will allow law enforcement and judicial authorities to directly request (or temporarily secure) electronic data needed for investigating and prosecuting crime from electronic service providers operating in the EU (wherever the data is stored). Moreover, they will impose an obligation on these service providers to appoint a legal representative for the purpose of gathering evidence and answering competent authorities' requests. The two legal acts are part of a broader array of international efforts to improve the legal framework and address persistent legal uncertainty that affects law enforcement and private parties alike. Second edition of a briefing originally drafted by Piotr Bąkowski and Sofija Voronova. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.