The legislative package adopted by the European Parliament on Tuesday will introduce a coherent EU framework for handling electronic evidence, speed up the process of evidence gathering, and maintain safeguards for fundamental rights. MEPs adopted the two-part package by 433 votes in favour, 157 against, and 34 abstentions (for the regulation on evidence orders) and 438 votes in favour, 152 against, and 34 abstaining (for the directive on legal representatives).

Transparent mechanism with fundamental rights safeguards

The new rules will allow national authorities to request evidence directly from service providers in other member states (so-called “production orders”), or ask that data be preserved for up to 60 days, so that relevant data will not be destroyed or lost (“preservation orders”). The law also introduces a mandatory deadline of 10 days for responding to a production order (eight hours in emergency cases). As part of the same package, MEPs adopted a directive…