The e-Evidence Package: A New System for Cross-Border Law Enforcement Requests

The E-evidence Regulation - (EU) 2023/1543

The E-evidence Regulation, providing for European Preservation and Production Orders (EPOs) will apply from 18 August 2026.  It represents a new system for the gathering of electronic evidence in criminal proceedings in the EU and allows an EPO made in one EU member state to apply directly to a service provider in another. It is intended to be a quicker and more efficient mechanism than the alternative international cooperation and mutual legal assistance tools.

"A new system for the gathering of electronic evidence in criminal proceedings in the EU"

The Regulation lays down the rules under which an authority of a member state, in criminal proceedings, may issue EPOs and thereby (directly) order a service provider offering services in the EU to produce or to preserve electronic evidence regardless of the location of the data. It applies to service providers offering services in the EU, including electronic communication services, and other information society services such as e-messaging services and social media platforms.

Implications for Service Providers

For the service providers that are subject to an order, it is clear that the associated obligations may involve a significant amount of time and resources, especially in complex cases.  It must also be borne in mind that some service providers’ systems may operate in a way which does not readily facilitate access to user data.

Proposed Irish Legislation

A Bill to enact supporting Irish legislation was approved by the government in May 2024 and is currently proceeding through the legislative stages.  The Bill lays out the conditions for which EPOs can be requested by Irish authorities for data held by service providers based in other member states. EPOs can be issued only by a designated judge of the District Court in Ireland and must be limited to what is necessary and proportionate to the purpose on which they are sought. The Joint Committee on Justice concluded its Pre-Legislative Scrutiny (PLS) of the Bill in March, 2024.

For more information, contact our expert team here.