#BGBl. 2026 I Nr. 64Law Implementing Directive (EU) 2023/1544 and Implementing Regulation (EU) 2023/1543 on Cross-Border Access to Electronic Evidence in Criminal Proceedings within the European Union
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This German federal law, signed on 10 March 2026 and published in the Federal Law Gazette (BGBl. 2026 I Nr. 64) on 12 March 2026, transposes EU Directive 2023/1544 and implements EU Regulation 2023/1543 into German national law. These EU instruments establish a harmonised framework for cross-border production and preservation of electronic evidence in criminal proceedings across EU member states. The law enables judicial and prosecutorial authorities in one EU member state to directly request electronic data — such as communications, subscriber information, and transaction records — from service providers established or represented in another member state, bypassing the traditional slower mutual legal assistance (MLA) channels. Service providers, including telecommunications companies and digital platforms, are now legally obligated to respond to European Production Orders (EPO) and European Preservation Orders (EPEO) within strict deadlines. The legislation affects key sectors including telecommunications (Deutsche Telekom AG), postal services (Deutsche Post AG, Deutsche Postbank AG), and digital service providers, aligning their compliance obligations with EU e-evidence rules. Data protection safeguards remain applicable, and the law falls under FNA subject areas covering data protection and interstate legal assistance. This reform significantly accelerates the ability of German and EU law enforcement to obtain digital evidence across borders, which is increasingly critical in cybercrime, terrorism, fraud, and organised crime investigations.
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Key Changes
- Implementation of European Production Orders (EPO/EPOC): German courts and prosecutors can now directly order service providers in other EU states to hand over electronic evidence without going through traditional MLA channels
- European Preservation Orders (EPEO/EPOC-PR) introduced: authorities can freeze/preserve electronic data held abroad pending a full production order, preventing deletion of evidence
- Strict response deadlines imposed on service providers: production orders must be responded to within 10 days (or 8 hours in emergencies); preservation orders within 72 hours
+ 3 more changes with Pro