Internet Service Providers: Key Players in the New e-Evidence Paradigm?

Abstract

This paper examines the European Union (EU) e-Evidence package—a set of instruments
comprising a new Directive and Regulation on ‘European Production and Preservation
Orders for electronic evidence in criminal proceedings and for the execution of custodial
sentences following criminal proceedings’—which is expected to enter into force in 2026.
It analyses the package’s provisions and likely effects on cross-border criminal investi-
gations and prosecutions in the EU. The e-Evidence package significantly transforms
European criminal procedural law, building on the 2018 framework through new tools
that employ the same technologies often used to plan and commit offences. The analy-
sis traces the development of this new era of mutual trust and assistance, focusing on
the expanding role of private entities—especially internet service providers (ISPs) —in
obtaining and transmitting electronic evidence. While the new measures may enhance
prosecutorial efficiency and cross-border cooperation, such progress must not come at
the expense of the protection of fundamental human rights.