Important steps have been taken at European level over the last years to develop an appropriate legal framework to address the challenges posed by the gathering of e-evidence.
In April 2018, the European Commission proposed a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters and a Directive laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings (COM(2018) 225 and 226).
This conference will examine the Commission's proposals for a new regime for cross-border evidence-gathering from service-providers.
Whatever the outcome of the Brexit negotiations, online investigations are cross-border by nature, and practitioners in the EU, UK and other jurisdictions will all benefit from understanding the new EU regime.
- Key features of the EU’s new set of rules on e-evidence
- Data protection implications
- Safeguarding individual rights
- Service-providers’ perspective
- Comparison with the US CLOUD Act
- Prospects for transatlantic agreements