Electronic Evidence after E-evidence Package’s Adoption: Challenges for Application and Unresolved Problems
Electronic Evidence after E-evidence Package’s Adoption: Challenges for Application and Unresolved Problems

Summary/Abstract: On 12 July 2023, the European Union adopted the e-evidence package after five lengthy yearsof negotiating this controversial legislation. This package introduces a new model of cooperationto ensure transnational access to data for criminal investigations and prosecutions. The new modelaims to offer a more efficient way of requesting data from service providers, often located in differentcountries, by allowing direct requests to Internet service providers active within the European Union.This approach will bypass the authorities in the Member States where the request is received. Pro-viders will be required to designate at least one establishment or representative capable of receivingand responding to such requests promptly, and authorities will be permitted to send their requestsdirectly to these designated entities. While the adoption of the e-evidence package marks a crucialstep forward, its effectiveness, viability and practical application depend on several unresolved is-sues left to the Member States, or not addressed at all, and on reaching an agreement with the U.S.under the so-called CLOUD Act. This article aims to present the current state of play, examine theseremaining issues and assess their impact on the final design of the system for accessing electronicevidence in the European Union.

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