In July 2023, the European Union adopted a comprehensive legal framework for obtaining and preserving electronic evidence in criminal proceedings, commonly referred to as the EU e-Evidence package. The package consists of:
• Regulation (EU) 2023/1543 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings (the e-Evidence Regulation); and
• Directive (EU) 2023/1544 laying down harmonised rules on the designation of establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings (the e-Evidence Directive).
To support competent authorities in effective application of this new legal framework, the SIRIUS Project has developed a range of practical resources, including guidelines on completing the European Production Order Certificate (EPOC) and the European Preservation Order Certificate (EPOC-PR), accompanied by a background note. In addition, SIRIUS has produced a report analysing the key provisions of the e-Evidence Regulation and the e-Evidence Directive, as well as a webinar explaining the main components of the e-Evidence Regulation.
The SIRIUS Project has received funding from the European Commission’s Service for Foreign Policy Instruments under Contribution Agreement NDICI THREATS FPI/2024/OPSYS CT NR 700002618.