The Proposal on Electronic Evidence in the European Union

Abstract

This article examines the origin, foundations, and main features of the proposal of the European Union to facilitate cross-border access to electronic evidence, which was presented by the European Commission in April 2018. The creation of advanced solutions for the transnational gathering of electronic evidence in the EU is a very current and important issue, and is complemented with other actions carried out at an international level. Respect for the principle of proportionality must be particularly relevant in order to achieve the proper functioning of the new scheme. The main idea is that certificates of judicial orders will be transmitted directly to the legal representatives of online service providers. These new instruments of judicial cooperation (consisting of a Regulation and a Directive) aim at facilitating and accelerating judicial authorities’ access to data in criminal investigations in order to assist in the fight against crime and terrorism. They should reduce response times in comparison to the instruments currently in place; service providers will be obliged to respond within ten days or, in urgent cases, within six hours. The proposal comes in reaction to the acute need to provide authorities with cutting-edge instruments for obtaining cross-border access to data.