The EU legislator is currently discussing new legislative proposals to improve cross-border acess to electronic evidence. This article provides an overview of the reasons behind the proposals and an outline of the changes they would bring if and once adopted. This is a complex issue which requires deep engagement and a number of difficult choices. A two year expert process has made it clear that swifter access is essential to preserve the rule of law online. It will now be for the new European Parliament to adopt a report on the proposals. Afterwards, discussions with the Council should result in a compromise approach. The present Parliament and the Council agree on the problem; it is to be hoped that the final version contributes to reducing impunity in full respect of fundamental rights, and to ensureing that laws apply online as they do offline.
Securing evidence of crimes online: the Commission’s e-evidence proposals door C. Bauer-Bulst & T. Schröter in Tijdschrift voor Internetrecht