As the fictional character Lester Freeman of the TV series “The Wire” put it: “We’re building something, here, detective, we’re building it from scratch. All the pieces matter”.
Time and time again, this rings true, in every criminal investigation nowadays, where law enforcement agencies must put together key pieces of digital evidence collected across borders, including through the interception of electronic communications. Thanks to a new legal framework coming into force next year, the job of law enforcement agencies in the EU might just get a bit easier, but the burden will shift to the providers of those communications.
After five years of negotiations, the EU has adopted new legislative acts that will introduce a new system for the gathering of electronic evidence in criminal proceedings. The new rules on e-evidence consist of two legislative measures:
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 (O.J. L 191,28.7.2023, pp. 118–180)
Directive (EU) 2023/1544 laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings (O.J. L191, 28.7.2023, pp. 181–190)
The regulation applies from 18 August 2026. The directive must be transposed into the national laws of the EU member states by 18 February 2026.
Both acts introduce significant compliance obligations for electronic communications providers and other digital service providers operating in the EU, regardless of their place of establishment.
