EU sets new rules for electronic evidence in criminal investigations

Starting 18 August 2026, providers of digital communication services established in the European Union must comply with court orders to disclose or preserve electronic evidence in criminal investigations. The obligations apply to operators of electronic communications, domain‑name and IP‑numbering services, and providers of information‑communication, data storage and processing services. Providers must designate a responsible office or, for non‑EU establishments, a legal representative to receive and execute such orders.

The framework is laid down in Regulation (EU) 2023/1543 and Directive (EU) 2023/1544. Non‑compliance can lead to fines of up to 2 % of the provider’s total worldwide annual turnover recorded in the previous financial year.