Timeline - Better access to e-evidence to fight crime

The Council adopted a decision authorising member states to ratify, in the interest of the EU, the Second Additional Protocol to the Convention on Cybercrime (Budapest Convention).

The protocol will improve cross-border access to electronic evidence to be used in criminal proceedings. It will contribute to the fight against cybercrime and other forms of crime at global level by simplifying cooperation between member states and third countries, while ensuring a high level of protection for individuals and compliance with EU data protection standards.

• Access to e-evidence: Council authorises member states to ratify international agreement (press release, 14 February 2023)

EU member states’ ambassadors today confirmed the agreement reached between the Council presidency and the European Parliament on the draft regulation and the draft directive on cross-border access to e-evidence.

The agreed texts will make it possible for the relevant authorities to address judicial orders for electronic evidence directly to service providers in another member state.

• Council confirms agreement with the European Parliament on new rules to improve cross-border access to e-evidence (press release, 25 January 2023)

The Council adopted a decision authorising member states to sign, in the interest of the EU, the second additional protocol to the convention on cybercrime of the Council of Europe (Budapest convention).

This protocol will improve cross-border access to electronic evidence to be used in criminal proceedings. It will contribute to the fight against cybercrime and other forms of crime at global level by simplifying cooperation between member states and third-countries, while ensuring a high level of protection for individuals and the compliance with EU data protection standards.

• Access to e-evidence: Council authorises member states to sign international agreement (press release, 5 April 2022)

The Council adopted two mandates authorising the Commission to:

• negotiate on behalf of EU an agreement with the US facilitating access to e-evidence for the purpose of judicial cooperation in criminal matters
• participate in the negotiations in the Council of Europe on a second additional protocol to the Cybercrime Convention

Both would aim to facilitate the access to e-evidence, such as e-mails or documents located on the cloud, to be used in criminal proceedings. If later concluded, they will complement the EU framework on access to e-evidence currently being discussed by the EU institutions and on which the Council has adopted its position in December 2018 and March 2019.

• Council gives mandate to Commission to negotiate international agreements on e-evidence in criminal matters (press release, 06/06/2019)

The Council reached its position on the directive on the appointment of legal representatives for the gathering of evidence in criminal proceedings. This directive will be an essential tool for the application of the future regulation on European production and preservation orders for electronic evidence in criminal matters, on which the Council adopted its position last December. It sets out the rules for the appointment of service providers' legal representatives, whose role is to receive and respond to such orders. 

• E-evidence package: Council agrees its position on rules to appoint legal representatives for the gathering of evidence (press release, 08/03/2019)

The Council agreed its position on the regulation on European production and preservation orders for e-evidence in criminal matters. It is now ready to start negotiations with the European Parliament with the aim of reaching an agreement before the end of the parliamentary term.

• Regulation on cross border access to e-evidence : Council agrees its position (press release, 07/12/2018)

Justice ministers discussed the regulation on European production and preservation orders. Many member states were willing to find a compromise and discuss the inclusion of some sort of notification procedure. Work will continue at expert level to try to better define the possible main features of such "notification".

• Justice and Home Affairs Council, 11-12/10/2018

Justice and home affairs ministers discussed the e-evidence package. Regarding the adoption of the US CLOUD act, the Council was supportive of a common approach at EU level. It encouraged the Commission to continue its contacts with the US authorities and to urgently submit a negotiation mandate.

• Justice and Home Affairs Council, 04-05/06/2018

The European Commission presented a package of legislative proposals on e-evidence:

• a regulation on European production and preservation orders for electronic evidence in criminal matters
• a directive laying down harmonised rules on the appointment of legal representatives for the purposes of gathering evidence in criminal proceedings

The Council adopted conclusions on the Commission's communication on building strong cybersecurity for the EU. In its conclusions, the Council called on the Commission to present a legislative proposal in early 2018 to improve cross-border access to electronic evidence. It also called on the Commission to present a progress report by December 2017 on the implementation of practical measures to improve cross-border access to electronic evidence.

• Conclusions on the joint communication on building strong cybersecurity for the EU

In its June 2017 conclusions, the European Council considered that effective access to electronic evidence was essential to combating serious crime and terrorism.

• European Council conclusions, 22-23/06/2017

The Council adopted conclusions on improving criminal justice in cyberspace. In its conclusions, the Council stressed the increasing importance of e-evidence in criminal proceedings in all types of crime, and in particular for terrorism. The conclusions set out concrete measures for future follow-up and action.

• Fight against criminal activities in cyberspace : Council agrees on practical measures and next steps (press release, 9/6/2016)

Justice and home affairs ministers stressed the need to find ways to obtain digital evidence more quickly and effectively, in a joint statement issued two days after the terrorists attacks in Brussels.

• Joint statement of EU ministers for justice and home affairs, 24 March 2016