Commission Roadmap on Access to Data for Law Enforcement Purposes
22 September 2025 // Preprint Issue 2/2025
2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg Thomas Wahl

On 24 June 2025, the European Commission presented a Communication that sets out the "Roadmap for lawful and effective access to data for law enforcement". The Roadmap comes after respective calls from the High-Level Group on Access to Data for Law Enforcement (→eucrim 4/2024. 270-271), and the Justice and Home Affairs Council (→Conclusions of June 2024 and December 2024). Last but not least, the Commission announced the roadmap in its new Internal Security Strategy "ProtectEU", which was presented on 1 April 2025 (→eucrim 1/2025, 3-4).

The Commission reiterated that 85% of criminal investigations are relying on electronic evidence; law enforcement authorities need better tools and a modernised legal framework to access digital data in a lawful manner that ensures necessity, proportionality and fundamental rights. It also listed several reasons that lead to inaccessibility of critical electronic evidence needed for successful investigations. The Communication on the Roadmap sets out key actions in six key areas:

  • Data retention: Later this year, the Commission will carry out an impact assessment on updating the EU rules on data retention "as appropriate". Europol and Eurojust are urged to strengthen cooperation between law enforcement authorities and service providers on access to electronic communication in 2025.
  • Lawful interception: The Commission will propose measures to improve the efficiency of cross-border requests for lawful interception through existing instruments, including assessing the need to further strengthen the European Investigation Order (by 2027); it will also explore measures to improve cross-border cooperation for lawful interception of data, both among authorities, and between authorities and services providers (by 2027 as well); and it will support the deployment of secured information sharing capacities between Member States, Europol and other security agencies (from 2026 to 2028).
  • Digital forensics: Among others, the Commission and Europol will coordinate a gap and needs analysis of research, development, deployment maintenance and uptake of common technical solutions for digital forensics (in 2026); furthermore, Europol will develop into a centre of excellence for operational expertise in digital forensics and step up its role in coordinating the creation of knowledge in this area at EU level (from 2026 onwards).
  • Decryption: The Commission will present a technology roadmap on encryption to identify and evaluate solutions that enable lawful access to encrypted data by law enforcement (in 2026); it will also support the research and development of new decryption capacities to equip Europol with next-generation decryption capabilities (from 2030).
  • Standardisation: The Commission, in close cooperation with Europol, will develop and streamline an EU approach to standardisation for internal security, with a focus on digital forensics, lawful disclosure and lawful interception (from 2025 to 2027).
  • AI solutions for law enforcement: The Commission will foster the creation and uptake of new AI solutions and improve existing ones for filtering and analysing digital evidence (by 2028); it will also support the creation of clear guidelines for the use of AI in law enforcement.

The Commission invited the JHA Council to discuss the roadmap at the next Council meetings.

News Guide

EU Digital Space Regulation Commission Europol Eurojust Law Enforcement Cooperation

Author

2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg
Thomas Wahl

Institution:
Max Planck Institute for the Study of Crime, Security and Law (MPI CSL)

Department:
Public Law Department

Position:
Senior Researcher