E-evidence is increasingly important in all criminal investigations; at least 55% of investigations involve a cross-border request for e-evidence[1]. Its acquisition is governed by an evolving set of legal frameworks, including the Council of Europe Convention on Cybercrime (Budapest Convention). Where appropriate, voluntary cooperation may also be used in accordance with national law. In 2026, the EU e-evidence package will enter into application, establishing a comprehensive legal framework in the EU for obtaining cross-border access to e-evidence in criminal proceedings.
The ground-breaking legislation introduces two new legal instruments, the European Production Order and the European Preservation Order, which enable competent authorities to order the preservation and the production of e-evidence directly from service providers offering services in the EU, regardless of their place of establishment or the location of the data. The obligation for service providers to respond within 10 days, and within 8 hours in cases of emergency, will improve authorities' ability to rely on volatile e-evidence in criminal proceedings.
Eurojust stands ready to support the work of national authorities when using the new judicial cooperation instruments.
Eurojust's support in the use of European Production and Preservation Orders includes:
In 2025, Eurojust hosted a meeting of key stakeholders on the EU e-evidence package and mapped the roles of different entities (Eurojust, SIRIUS project, EJN, EJCN) regarding the new legal tools, and the type of operational support they can provide to practitioners. Eurojust will continue to provide strategic support to national authorities in the practical application of the EU e-evidence package.
In 2025, Eurojust and Europol launched Phase 3 of the SIRIUS project, marking its expansion to non-EU countries. As the central hub for knowledge sharing on cross-border access to e-evidence, the project developed several knowledge products and practical tools and maintained its structured dialogue with service providers, enabling direct contact with Eurojust via SIRIUS.
Eurojust is also contributing to the Impact Assessment on Retention of data by service providers for criminal proceedings launched by the Commission with a view to updating EU rules on data retention.
Key events:
E-Evidence in focus at Eurojust and Council of Europe joint cybercrime workshop
Eurojust brings key stakeholders together for exchange on EU e-Evidence Package
Key publications:
European Production and Preservation Orders: key actors offering support
European Production and Preservation Orders: support at a glance
Service providers under key legal frameworks on e-evidence
Case studies: Extraterritorial production orders
Key networks and projects:
[1] Impact assessment for the EU e-evidence package, 2018.
Eurojust is an agency of the European Union