Commission recommends negotiating international rules for obtaining electronic evidence

The European Commission recommends engaging in two international negotiations on cross-border rules to obtain electronic evidence. With the majority of criminal investigations now requiring access to evidence hosted online — often outside the EU — there is an urgent need to equip police and judicial authorities with quick and efficient tools fit for modern digital realities. Following up on the European Council Conclusions from October 2018, the Commission tabled two negotiating mandates: one for negotiations with the United States and one on the Second Additional Protocol to the Council of Europe “Budapest Convention on Cybercrime”. Both mandates, which need to be approved by the Council, include specific safeguards on data protection, privacy and procedural rights of individuals.

For more information

• Press release IP/19/843: Security Union: Commission recommends negotiating international rules for obtaining electronic evidence
• Mandate for the EU-U.S. cooperation on electronic evidence: Questions and Answers
• Mandate for Additional Protocol of the Budapest Convention: Questions and Answers
• European Commission's official press release
• More documents are available at the European Commission's information site