EU e-Evidence Package: Provider Data Sharing Obligations
Summary
The EU e-Evidence Package, effective in 2026, mandates that certain service providers must share user data with law enforcement upon legal request. Providers offering electronic communications, internet domain, or other information society services must register a designated establishment or legal representative within the EU.
What changed
The EU e-Evidence Package, comprising the e-Evidence Directive and Regulation, will impose new obligations on specific service providers operating within the European Union starting in 2026. These providers, including those offering electronic communications services, internet domain name and IP numbering services, and other information society services, will be required to produce user data in response to legal requests from law enforcement authorities in other EU Member States. The legislation aims to streamline the process for obtaining electronic evidence for criminal investigations across borders.
Service providers covered by the e-Evidence Package must register a designated establishment or legal representative within the EU to receive and respond to these electronic evidence requests. Failure to comply could result in penalties, although specific penalties are not detailed in this announcement. Affected entities should consult the EU Courts Database and the provided government website for registration details and further information to ensure timely compliance.
What to do next
- Identify if your services fall under the scope of the e-Evidence Directive and Regulation.
- Register a designated establishment or legal representative within the EU if applicable.
- Review internal policies for responding to law enforcement data requests.
Source document (simplified)
News
E-Evidence Package
- From: Department of Justice, Home Affairs and Migration
- Published on: 26 March 2026
- Last updated on: 26 March 2026
New EU legislation coming into force this year (2026) will place obligations on certain service providers to produce data about their users based on legal requests from law enforcement authorities.
The e-Evidence Directive and the e-Evidence Regulation, known as the EU e-Evidence Package, allows authorities in one EU Member State to issue an order to produce electronic evidence needed for a criminal investigation to a relevant online service provider based in another EU Member State.
The types of service providers covered by the legislation include those offering electronic communications services, internet domain name and IP numbering services, domain name registry, and other information society services that enable their users to communicate with each other.
Information about registration for service providers who have obligations under the e-Evidence package is now available via the EU Courts Database. You can find out more information about this process on our website here.
All relevant Service Providers offering qualifying services in the European Union (as defined under the e-Evidence Directive), must register a designated establishment or legal representative to receive and respond to electronic evidence requests.
More information about the e-Evidence package is available here on our website.
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