Directive (EU) 2023/1544 laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings

Summary:

Directive (EU) 2023/1544 - adopted by the co-legislators on 12 July 2023 - laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings.

Further information:

This Directive lays down the rules on the designation of establishments and the appointment of legal representatives of certain service providers that offer services in the European Union (EU), for the receipt of, compliance with and enforcement of decisions and orders issued by competent authorities of the Member States, for the purposes of gathering electronic evidence (e-evidence) in criminal proceedings. It applies to decisions and orders on the basis of Regulation (EU) 2023/1543, Directive 2014/41/EU and the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union. It also applies to decisions and orders for the purpose of gathering electronic evidence on the basis of national law addressed by a Member State to a natural or legal person acting as legal representative or designated establishment of a service provider on the territory of that Member State.

The draft law for this Act was adopted by the European Commission on 17 April 2018. It was part of a legislative package aimed at strengthening cross-border cooperation tackle serious crime. The Council of the European Union adopted its general approach on 8 March 2019. The plenary of the European Parliament endorsed a negotiating position on 16 December 2020. An informal agreement between the co-legislators on a compromise text for this file was reached on 29 November 2022.  This was formally confirmed by the Parliament on 13 June 2023, followed by the Council on 27 June. The Act was signed by the co-legislators on 12 July 2023 and published in the Official Journal on 28 July 2023.

Official

EUR-LEX: COM(2018)226: Proposal for a Directive laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2018:226:FIN

EUR-LEX: SWD(2018)118: Staff Working Document accompanying the Proposal - Impact assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2018:118:FIN

EUR-LEX: SWD(2018)119: Staff Working Document accompanying the Proposal - Executive summary of the impact assessment https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2018:119:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on appointment of legal representatives for the purpose of gathering evidence in criminal proceedings (2018/0107(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=&reference=2018/0107(COD)

European Parliament: Legislative Train Schedule: Appointment of legal representatives for the purpose of gathering evidence in criminal proceedings https://www.europarl.europa.eu/legislative-train/theme-area-of-justice-and-fundamental-rights/file-jd-cross-border-access-to-e-evidence-appointment-of-legal-representatives

European Commission: Strategy & Policy: E-evidence - cross-border access to electronic evidence https://commission.europa.eu/law/cross-border-cases/judicial-cooperation/types-judicial-cooperation/e-evidence-cross-border-access-electronic-evidence_en

General Secretariat of the Council: Policies: Better access to e-evidence to fight crime https://www.consilium.europa.eu/en/policies/e-evidence/

European Commission: Press Release, 17/04/2018: Security Union: Commission facilitates access to electronic evidence https://ec.europa.eu/commission/presscorner/detail/en/IP_18_3343

European Commission: Press Release, 17/04/2018: Frequently Asked Questions: New EU rules to obtain electronic evidence https://ec.europa.eu/commission/presscorner/detail/en/MEMO_18_3345

Council of the European Union: Press Release, 08/03/2019: E-evidence package: Council agrees its position on rules to appoint legal representatives for the gathering of evidence https://www.consilium.europa.eu/en/press/press-releases/2019/03/08/e-evidence-package-council-agrees-its-position-on-rules-to-appoint-legal-representatives-for-the-gathering-of-evidence/

Council of the European Union: Press Release, 25/01/2023: Electronic evidence: Council confirms agreement with the European Parliament on new rules to improve cross-border access to e-evidence https://www.consilium.europa.eu/en/press/press-releases/2023/01/25/electronic-evidence-council-confirms-agreement-with-the-european-parliament-on-new-rules-to-improve-cross-border-access-to-e-evidence/

S&D EP Group: Newsroom, 31/01/2023: E-evidence marks a significant turning point in European police and judicial cooperation https://www.socialistsanddemocrats.eu/newsroom/e-evidence-marks-significant-turning-point-european-police-and-judicial-cooperation

European Parliament: Press Release, 13/06/2023: Electronic evidence: new rules to speed up cross-border criminal investigations https://www.europarl.europa.eu/news/en/press-room/20230609IPR96203/

Council of the European Union: Press Release, 27/06/2023: Council adopts EU laws on better access to electronic evidence https://www.consilium.europa.eu/en/press/press-releases/2023/06/27/council-adopts-eu-laws-on-better-access-to-electronic-evidence/#:~:text=According%20to%20the%20new%20rules,8%20hours%20in%20emergency%20cases.

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Commentary and Analysis

European Parliamentary Research Service (EPRS): Briefing, 13/07/2018: European production and preservation orders and the appointment of legal representatives for gathering electronic evidence - Initial Appraisal of a European Commission Impact Assessment http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2018)621844

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