1. What is new under the EU e-Evidence Regulation?
The EU e-Evidence Regulation (EU) 2023/1543 takes effect on August 18, 2026. It enables law enforcement authorities in one EU member state to issue European production orders and preservation orders directly to service providers in another member state—in principle, without having to go through the authorities in that country as was previously required. In particular, subscriber, identification, traffic, and content data may be requested; the location where the data is stored is generally irrelevant. Production orders must generally be processed within ten (10) days, or within eight (8) hours in emergency situations. In addition, the Directive (EU) 2023/1544 requires certain providers to designate a place of business or an EU legal representative for receiving and processing such orders.