DATA
E-evidence Regulation
DATA
E-evidence Regulation
Origin
Regulation (EU) 2023/1543 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings
General overview
The e-Evidence Regulation aims to put in place a mechanism for European law enforcement authorities to obtain evidence stored in electronic form from service providers based in another EU member state.
The two main features of the proposed regulation are:
- The European Production Order, which empowers judicial authorities to request that service providers in other member states produce electronic evidence. Service providers must respond to the European Production Order within ten days in normal cases and within eight hours in case of emergency.
- The European Preservation Order, which prevents service providers from deleting electronic evidence while a European Production Order is still being processed.
The e-Evidence Regulation will apply to stored data only, as the real time interception of telecommunications is not within its scope. It is hoped that the regulation will build on existing principles of mutual recognition between member states and provide legal certainty on the production of electronic evidence.
Status
Regulation entered into force on 17 August 2023 & applies across the EU from 18 August 2026
REGULATION APPLIES
FROM 18 AUGUST 2026