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The increasing digitalisation of the economy means that electronic evidence is now a crucial part of criminal investigations. However, data relevant to an investigation is often stored by service providers located in different EU Member States or outside the EU altogether. This complicates and lengthens the process of obtaining it.
Against this backdrop, the European Union adopted the e-Evidence Package, which introduces a new mechanism for the cross-border collection and preservation of electronic evidence in criminal proceedings. The aim is to enable faster and more effective cooperation between the relevant judicial authorities and service providers. This will be achieved by issuing orders directly to the designated establishment or the service provider’s legal representative.
Although the new regime is intended for criminal investigations, it will directly impact on businesses that store, process or make data available electronically.
Learn more in the guide prepared by our Dispute Resolution team.
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