This document analyses the process of requesting Mutual Legal Assistance (MLA) in criminal matters from Swiss authorities, particularly focusing on the gathering of electronic evidence. It provides information on the basis for cooperation, scope of assistance, requirements for MLA requests, grounds...

This year’s SIRIUS EU Electronic Evidence Situation Report, jointly published by Europol, Eurojust, and the European Judicial Network, represents a continued effort to shed light on the ever-evolving landscape of cross-border investigations involving electronic evidence within the European Union (EU...

On 14 December 2022, 38 Ministers and high-level representatives of the Organisation for Economic Co-operation and Development (OECD) Members and the European Union adopted the Declaration on Government Access to Data Held by Private Sector Entities (Declaration). Although not legally binding, the...

The Digital Services Act (“DSA”) is a European Union (“EU”) law that brings updated and harmonised rules for providers of digital services. As regards access to electronic evidence, especially in a cross-border context, the DSA (Article 10) importantly harmonises rules on disclosure orders addressed...

The Second Additional Protocol to the Council of Europe Convention on Cybercrime (Budapest Convention) on enhanced cooperation and disclosure of electronic evidence (Protocol) aims to enhance cooperation among the Parties, as well as between the Parties and service providers and other entities, for...

The Second Additional Protocol to the Council of Europe Convention on Cybercrime (Budapest Convention) on enhanced cooperation and disclosure of electronic evidence (Protocol) aims to enhance cooperation among the Parties, as well as between the Parties and service providers and other entities, for...

The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) was adopted by the United States of America (US) Congress on 23 March 2018 with the aim to improve procedures for both the US and foreign authorities in obtaining access to data held by service providers in the context of criminal...