In the fourth webinar, we will have a closer look at the EU upcoming legislation on access to electronic evidence. The idea behind this legislative reform is to enable the law enforcement authorities to compel online service providers into surrendering personal data of their costumers, even if the service providers are based outside of their jurisdiction. The law enforcement reach to service providers will therefore become direct, without the traditional channels of law enforcement cooperation such as the mutual legal assistance or mutual recognition. Is this a necessity in the digital era, or a game-changer with unforeseen consequences for the basic principles of both criminal procedural law and data protection law?The legislation is currently in trilogues. What are the main issues on the table? Where are the big differences between the Parliament’s and the Council’s position? What could be the possible compromises, and how will they shift the paradigm as we know it? What about the other pieces of the e-evidence puzzle - the reform of the Cybercrime Convention, US Cloud Act and the potential EU-US agreement?
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