Over half of all criminal investigations today include a request for cross-border access to electronic evidence such as texts, e-mails or messages in apps. However, gaining access to electronic evidence presents significant legal and technical challenges. For instance, evidence may be stored in an unknown location, servers can be spread across different countries, and there are no harmonised deadlines for how long service providers have to preserve data or reply to legal requests. In this context, gaining access becomes a cumbersome process delaying justice. 

New EU Legislation

In August 2026, new rules are coming into effect in the EU that will change the way judicial authorities can access electronic evidence. Known as the EU e-evidence package, the new legislation makes is much easier and faster for law enforcement and judicial authorities to obtain the electronic evidence they need to investigate and eventually prosecute criminals.

Two new judicial cooperation instruments are introduced: 

• European Production Order: Enables judicial authorities in one Member State to directly compel a service provider in another Member State – via its designated contact point (“addressee”) – to produce electronic evidence within 10 days or 8 hours in emergency cases.
• European Preservation Order: Enables judicial authorities to request preservation of electronic evidence for 60 days to ensure it remains available for later access.

The new rules include strong safeguards, guaranteeing the protection of fundamental rights, including for protection of personal data. The persons whose data is being sought are also entitled to legal remedies. 

Eurojust Support

Eurojust will support national authorities in using European Production and Preservation Orders, including:

• Advise on the applicable legal framework and the feasibility of requests
• Coordinate simultaneous judicial cooperation requests, avoiding conflicts of jurisdiction
• Facilitate the issuance, transmission, execution and enforcement of orders
• Assist with drafting and wording of certificates
• Facilitate discussions between issuing and enforcing authorities
• Advise on privileges and immunities / freedom of the press and freedom of expression

SIRIUS Project 

The SIRIUS project, launched in October 2017 is a project co-implemented by Eurojust and Europol and funded by the European Commission’s Service for Foreign Policy Instruments. Working closely with service providers, SIRIUS provides knowledge products and expertise to help investigators and prosecutors access cross-border electronic evidence.