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On 17 April 2018, the European Commission proposed new rules in the form of a Regulation and an accompanying Directive, which aim to improve law enforcement authorities’ cross-border access to e-evidence.

The proposed Regulation on European Production and Preservation Orders enables a judicial authority in a Member State to obtain electronic evidence in criminal matters directly from a service provider in another Member State. The Directive complements the Regulation, as it sets out the rules for the appointment of service providers’ legal representatives, whose role is to receive and respond to judicial orders. The new rules will ensure swift access to e-evidence, with service providers being required to respond to judicial orders within 10 days and in emergency cases within 6 hours, compared to 10 months under the current Mutual Legal Assistance process.


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