European production and preservation orders for electronic evidence in criminal matters

The Proposal for a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters aim to allow competent authorities from one Member State to request access or preservation of data directly from a service provider established or represented in another Member State.

Data may comprise emails, text or messages in apps, as well as that information to identify a perpetrator as a first step towards investigation and prosecution of crimes covered by the regulation. The proposal covers service providers operating in one or more Member States, regardless of the location of headquarters or data centres.

The proposed regulation also foresees fundamental rights safeguards and rules as well as the possibility for the service provider to request a review of the received order when defined conditions apply (e.g. technical issues or in case of orders which are manifestly abusive orders or violating the Charter of fundamental rights). Service providers would be obliged to respond within 10 days and up to 6 hours in cases of emergency (compared to an average of 10 months within the Mutual Legal Assistance procedures).