In the current digital environment, electronic evidence is crucial in most criminal investigations. However, such evidence is often held by service providers located outside the jurisdiction of the investigating authorities. Accessing electronic evidence available on private infrastructure and within foreign, shifting or even unknown jurisdictions proves to be challenging for law enforcement and judicial authorities.

Responding to these pressing challenges, in July 2023 EU legislators adopted a comprehensive legal framework for handling electronic evidence in criminal proceedings, commonly referred to as the EU Electronic Evidence legislative package. This report delves into the main components of the new legislation, analysing legal measures and their implications for the issuing State, enforcing State, service providers, and targeted users.

The document was prepared within the framework of the SIRIUS Project. The SIRIUS Project has received funding from the European Commission’s Service for Foreign Policy Instruments under Contribution Agreement No PI/2020/417-500.