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Organisations Tell E-Evidence Stories and Urge to Uphold High Level of Fundamental Rights Safeguards 
19 January 2022
Thomas Wahl Thomas Wahl
Civil society organisations published a compendium of scenarios that showcase situations in which the planned e-evidence Regulation would lead to serious fundamental rights harms. Read more
EU Fundamental Rights e-Evidence Law Enforcement Cooperation
CoE Committee Adopts Draft on E-Evidence Protocol 
16 June 2021 (updated 4 years, 1 month ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
On 28 May 2021, the CoE Cybercrime Convention Committee (T-CY), which represents the State Parties to the Budapest Convention on Cybercrime, approved the draft for the Second Protocol to the Convention. It will enhance cooperation and disclosure of electronic evidence. Read more
Council of Europe e-Evidence Law Enforcement Cooperation
Organisations Reiterate their Demand for a Fundamental Rights-Based Approach to Future E-Evidence Law 
16 June 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2021
Civil society stakeholders reiterated their demand that the forthcoming EU legislation on “e-evidence”, which will ease the cross-border gathering and transfer of data for use in criminal proceedings, must include strong fundamental rights safeguards Read more
EU Fundamental Rights e-Evidence Law Enforcement Cooperation
New E-Evidence Legislation: Trilogue Started – Criticism on EP Stance 
25 March 2021 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2021
After the European Parliament adopted its position on the e-evidence package in December 2020 (→ eucrim 4/2020, 295-296), trilogue negotiations between the EP, the Council, and the Commission started on 10 February 2021. The Council had already presented its general approach in 2018 (→ … Read more
EU Legislation e-Evidence Law Enforcement Cooperation
E-Evidence Package: EP Paves Way for Trilogue Negotiations 
19 January 2021 (updated 4 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
In December 2020, the EP adopted its position on the contentious Commission proposals on gathering electronic evidence at IT companies. Now, trilogue negotiations can start between the EP, the Council and the Commission. Read more
EU e-Evidence Law Enforcement Cooperation
CEPS/QMUL Report Helps Navigate the E-Evidence Discussion 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In October 2020, a taskforce of the Centre for European Policy Studies (CEPS) and Queen Mary University of London (QMUL) published a report on "Cross-border data access in criminal proceedings and the future of digital justice". The report contributes to the current discussion on … Read more
EU e-Evidence Law Enforcement Cooperation
25 Organisations Demand Fundamental Rights-Based Approach to E-Evidence Legislation 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In a joint letter of 14 September 2020, a coalition of 25 organisations calls on the members of the EP’s LIBE Committee to ensure that forthcoming legislation on e-evidence contains procedural safeguards for journalists, doctors, lawyers, social workers, etc. The signatories, which include professional … Read more
EU e-Evidence Law Enforcement Cooperation
E-Evidence Legislation – State of Play 
28 December 2020 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl
At a videoconference on 9 October 2020, the German Council Presidency informed the justice ministers of the state of play regarding the e-evidence legislative proposals, submitted by the Commission in April 2018 ( → eucrim 1/2018, 35-36). The proposals – one for a … Read more
EU e-Evidence Law Enforcement Cooperation
EDPB: CoE E-Evidence Legislation Must Ensure Strong Data Protection Safeguards 
4 May 2020
Thomas Wahl Thomas Wahl
In view of the negotiations on a Second Additional Protocol to the CoE Cybercrime Convention (Budapest Convention), which will include a framework for law enforcement authorities to directly receive data from service providers, the European Data Protection Board addressed a letter to the responsible CoE … Read more
EU e-Evidence Law Enforcement Cooperation
First EU Digital Evidence Situation Report Published 
17 February 2020 (updated 3 years, 8 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 20 December 2019, Europol published a new report, giving an overview on the status of access of EU Member States to electronic evidence held by foreign-based Online Service Providers (OSPs) in the context of criminal investigations. Looking at the year 2018, the new … Read more
EU Europol e-Evidence Law Enforcement Cooperation
EDPS Opinion on E-Evidence Proposal 
12 January 2020 (updated 6 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 6 November 2019, the European Data Protection Supervisor (EDPS) issued his opinion on the new EU legal framework for gathering e-evidence in cross-border cases (for the Commission proposal, see eucrim 1/2018, pp. 35-36).The EDPS endorses the objective of ensuring quick and effective … Read more
EU e-Evidence Law Enforcement Cooperation
EP Report on EU E-Evidence Legislation Advocates Strengthened Safeguards 
12 January 2020
Thomas Wahl Thomas Wahl
After the EP elections, the EP Conference of Presidents decided in October 2019 that work should resume on the EU e-evidence rules. The e-evidence package consists of two proposals tabled by the European Commission in April 2018 (see eucrim 1/2018, pp. 35-36): a Regulation on … Read more
EU e-Evidence Law Enforcement Cooperation
US and UK Sign Bilateral E-Evidence Agreement 
12 January 2020 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
On 3 October 2019, the United States and the United Kingdom signed the first agreement allowing the other party’s law enforcement authorities, when armed with appropriate court authorisation, to go directly to tech companies based in the other country to access electronic data in order … Read more
EU e-Evidence Law Enforcement Cooperation
E-Evidence: Start of Negotiations on EU-US Agreement 
12 January 2020 (updated 3 years, 11 months ago)
Thomas Wahl Thomas Wahl in Issue 3/2019
On 26 September 2019, the European Commission announced the start of formal negotiations with the United States Department of Justice on an EU-US agreement to facilitate access to electronic evidence in criminal investigations. Both parties reaffirmed their intention to conclude an agreement as quickly as … Read more
EU Court of Justice of the European Union (CJEU) e-Evidence Law Enforcement Cooperation
Spotlight Further Concerns of EP Against E-Evidence Legislative Proposal 
19 April 2019 (updated 4 years ago)
Thomas Wahl Thomas Wahl
The EP rapporteur in the LIBE committee responsible for the Commission proposal on law enforcement access to e-evidence, Birgit Sippel (S&D, Germany), voiced further criticism (see already eucrim 4/2018, 206). After a first working document (see ibid), Sippel and co-rapporteurs/shadow rapporteurs examined the following … Read more
EU e-Evidence Law Enforcement Cooperation
Council Pushes for E-Evidence Law, EP Applies the Brakes 
18 February 2019 (updated 4 years ago)
Thomas Wahl Thomas Wahl in Issue 4/2018
On 7 December 2018, under the Austrian Presidency, the JHA Council agreed on its position on a proposal for a regulation on European production and preservation orders for e-evidence in criminal matters. Meanwhile, the European Parliament dampened expectations that it will finalise the legislation by the end of the parliamentary term in May 2019. Read more
EU e-Evidence Law Enforcement Cooperation