The European Data Protection Supervisor published on 7 November an opinion on a new EU legal framework for gathering e-evidence in cross-border crime cases, as the world is being transformed by new technologies, and authorities are increasingly faced with situations where the needed information is stored electronically in another state.

The EDPS Opinion aims to add to the EU Commission’s Proposals on e-evidence, published in 2018, that would introduce two new types of binding orders for criminal proceedings, to facilitate access to data cross-border. It, therefore, calls for increased efforts of national authorities in the process of gathering cross-border electronic evidence, as well as clearer definitions of data categories in the proposed Regulation.

Related developments have also taken place at international level, such as the negotiations with the United States on cross-border access to e-evidence, as well as the Council of EU’s work on a Second Additional Protocol to the Cybercrime Convention.