Brussels, Belgium – The European Commission today issued its package to improve cross-border access to electronic evidence. The package includes two legislative proposals, including a “Regulation on cross-border access to e-Evidence” and a “Directive on appointing a Legal Representative”. The proposals require online service providers to respond to data production and preservation orders issued by European law enforcement for the purpose of the investigation and prosecution of serious crimes. The package also sets forth several due process safeguards and allows service providers to challenge a production order on several grounds.

The proposal recognises the risks for companies to have to respond to conflicting national laws, e.g. between the United States and an EU Member State, with only a limited mechanism for solving this.

The following can be attributed to CCIA Europe’s Senior Manager, Alexandre Roure:
“We welcome today’s proposals which can help authorities obtain digital evidence more effectively and with more transparency and legal clarity. We encourage lawmakers to use this opportunity to resolve conflicts of laws, enable international cooperation and strengthen safeguards to the benefit of authorities, companies and users.”

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