Panel discussion “The New E-Evidence Regulation: Problem Solved or Opening of a Pandora’s Box?”

In January 2023 the EU legislators finally reached a compromise on the
text of the E-Evidence Regulation (and its accompanying Directive). By
the time this panel takes places the final adoption of these two instruments
is expected. This ends a five-year legislative process and results
in the creation of the European Production and Preservation Orders for
cross-border gathering of electronic evidence for criminal proceedings,
which are bound to become a major instrument of evidence gathering in
the EU. The order is not without controversy and this panel will discuss
some of the most pertinent issues: the real efficiency of the new system
of e-evidence gathering, the role of the service providers as guardians
of users’ fundamental rights, e-evidence gathering by countries with
rule of law-concerns, and the role of the order for the defence. • To what extent does the E-Evidence Regulation effectively address
the needs and problems encountered by police and judicial authorities
with respect to cross-border gathering of digital evidence, and
what will the interplay between the new EU legal regime and national
(pre-existing) procedures be?
• What will the formal and de facto role of private actors (Internet
service providers) in assessing the European production orders be?
• What challenges does gathering of electronic evidence face in the
EU Member States where the independence of the judiciary is questioned?