#BGBl. 2026 I Nr. 64Law on European Production and Preservation Orders for Electronic Evidence (e-Evidence Implementation Act)

Germany has enacted the implementing legislation for the EU's e-Evidence package, transposing Directive (EU) 2023/1544 and giving effect to Regulation (EU) 2023/1543, both of which establish a framework for cross-border production and preservation of electronic evidence in criminal proceedings across EU member states. The law was signed on 10 March 2026 and published in the Federal Law Gazette (BGBl. 2026 I Nr. 64) on 12 March 2026, led by the Federal Ministry of Justice and Consumer Protection. The legislation enables German judicial authorities to issue European Production Orders (EPOs) directly to service providers located in other EU member states, requiring them to hand over electronic data such as emails, messages, and stored files relevant to criminal investigations. Conversely, it obligates German-based service providers — including telecommunications and internet companies — to comply with EPOs issued by authorities in other EU member states, bypassing traditional and slower Mutual Legal Assistance (MLA) treaty channels. Service providers subject to EPOs must respond within 10 days in standard cases, or within 8 hours in emergencies. European Preservation Orders (EPROs) can be issued to secure data for up to 60 days pending a follow-up production request. The law introduces new procedural rules, notification requirements, and grounds for refusing or delaying compliance, including protections for fundamental rights and immunity/privilege rules. The law amends the existing legal framework under FNA codes 319-121 (new provision), 900-17 (telecommunications law), and 204-5 (international legal assistance), directly affecting Deutsche Post AG, Deutsche Postbank AG, Deutsche Telekom AG, and all electronic communication service providers operating in Germany.

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