By EDRi

The European Commission proposed a Regulation on cross-border access to and preservation of electronic data held by service providers and a Directive to require service providers to appoint a legal representative within the EU in April 2018. Since then, the legislative process to adopt them has been fast-tracked, which has prevented any proper assessment of these measures to be carried out.

On 7 December 2018, the Council of the European Union reached a general approach on the text, that is to say a political agreement on a negotiating position to enter the negotiations with the European Parliament. The Civil Liberties, Justice and Home Affairs Committee of the Parliament decided to first make a thorough assessment in a series of working documents of the Commission’s proposal before adopting its position. Rapporteur Birgit Sippel MEP released her draft report in November 2019.

The United States, adopted its own piece of legislation in a rush, the US Clarifying Lawful Use of Overseas Data (CLOUD) Act. The bill allows to access data stored outside of US territory while bypassing the legal safeguards of traditional international cooperation frameworks.

In parallel, the Council of Europe (CoE) has been also preparing a new protocol to the Convention on Cybercrime (also known as “the Budapest Convention”) on cross-border access to data by law enforcement authorities. This Second Protocol is expected to be finalised by December 2020.

EDRi has been sending submissions to all institutions to ask for human rights to be respected. In this document pool, you will find the relevant information, documents and analyses on the e-evidence proposals. We’ve been updating this document pool as the process advanced.

Last update: 14 November 2019.

Table of Contents

European Union legislative process
EDRi’s analysis and recommendations
Legislative documents
EDRi’s blogposts and press releases
Key policymakers
Other
Process

Council of Europe Second Additional Protocol to the Budapest Convention
EDRi’s recommendations
Official draft provisions
EDRi’s blogposts and press releases


European Union legislative process

EDRi’s analysis and recommendations:

Legislative documents:

More information in EUR LEX (EU Database on preparatory acts) and OEIL (European Parliament’s Legislative Observatory)

EDRi’s blogposts and press releases:

Key policymakers

European Parliament Lead Committee: Civil Liberties, Justice and Home Affairs (LIBE)

Other:

Legislative process:

Council of Europe Second Additional Protocol to the Budapest Convention

EDRi’s recommendations:

Official draft provisions

Provisional draft text of provisions – revised on 8 November 2019

EDRi’s blogposts and press releases