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Electronic evidence in criminal proceedings – production and preservation orders
Electronic evidence in criminal proceedings – production and preservation orders
Electronic evidence in criminal proceedings – production and preservation orders
It aims to facilitate and speed up access to electronic evidence used to investigate and prosecute criminal offences, regardless of where the data is located.
A judicial authority in one European Union (EU) Member State may require the designated establishment of a service provider, or its appointed legal representatives, in another Member State to:
Electronic evidence (e-Evidence), refers to data stored by or on behalf of a service provider, in an electronic form, that is used to investigate and prosecute criminal offences, including subscriber data, data used for identifying the user, traffic data and content data.
For the purposes of the regulation, a service provider is anyone providing one or more of the following categories of services (except for financial services):
European production order
European preservation order
The European preservation order allows a judicial authority in one Member State to request that the designated establishment of a service provider, or its legal representative, in another Member State, preserve specified data prior to a subsequent request to produce the data.
European production and preservation order certificates
European production or preservation orders are transmitted through a European Production Order Certificate (EPOC) or a European Preservation Order Certificate (EPOC-PR).
Additional points
Penalties
Remedies
Individuals subject to a European production order have the right to:
Decentralised IT system
Written communication between authorities and designated establishments or legal representatives of service providers under this regulation must be carried out through a secure and reliable decentralised IT system.
The regulation applies from 18 August 2026.
The regulation is part of a package that includes a directive on the designation of establishments and appointment of legal representatives of service providers for the purpose of gathering evidence in criminal proceedings (see summary).
For further information, see:
Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings (OJ L 191, 28.7.2023, pp. 118–180).
Directive (EU) 2023/1544 of the European Parliament and of the Council of 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 (OJ L 191, 28.7.2023, pp. 181–190).
Council Decision (EU) 2023/436 of 14 February 2023 authorising Member States to ratify, in the interest of the European Union, the Second Additional Protocol to the Convention on Cybercrime on enhanced cooperation and disclosure of electronic evidence (OJ L 63, 28.2.2023, pp. 48–53).
Council Decision (EU) 2022/722 of 5 April 2022 authorising Member States to sign, in the interest of the European Union, the Second Additional Protocol to the Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence (OJ L 134, 11.5.2022, pp. 15–20).
Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, pp. 138–183).
Successive amendments to Regulation (EU) 2018/1727 have been incorporated into the original text. This consolidated version is of documentary value only.
Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, pp. 53–114).
See consolidated version.
Consolidated version of the Treaty on the Functioning of the European Union – Part Three – Union policies and internal actions – Title V – Area of freedom, security and justice – Chapter 4 – Judicial cooperation in criminal matters – Article 82 (ex Article 31 TEU) (OJ C 202, 7.6.2016, pp. 79–80).
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, pp. 1–88).
See consolidated version.
Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, pp. 89–131).
See consolidated version.
Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (OJ L 130, 1.5.2014, pp. 1–36).
See consolidated version.
Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ L 162, 20.6.2002, pp. 1–3).
See consolidated version.
Council Act of 29 May 2000 establishing in accordance with Article 34 of the Treaty on European Union the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 197, 12.7.2000, pp. 1–2).
Recommendation for a Council Decision authorising the opening of negotiations in view of an agreement between the European Union and the United States of America on cross-border access to electronic evidence for judicial cooperation in criminal matters ((2019) 70 final).
last update 30.05.2023