As of 18 August 2026, Regulation (EU) 2023/1543 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings has become applicable. The new framework significantly changes the manner in which judicial authorities in the Member States may obtain data held by service providers established or represented in another EU Member State.

Under a European Production Order, a judicial authority in one Member State may directly require a service provider, or its legal representative, in another Member State to produce electronic evidence, including e-mails, messages, communications data or information necessary to identify a person. The ordinary deadline for compliance is 10 days, reduced to 8 hours in emergency cases.

A European Preservation Order, by contrast, may be issued to require the preservation of specific data so that they are not deleted or altered pending a subsequent production request. The system is accompanied by safeguards for fundamental rights and the protection of personal data, mechanisms for review and opposition, and specific procedures for situations involving conflicting legal obligations.

The Regulation also provides for a decentralised IT system for secure communications between competent authorities and service providers and requires providers offering services in the Union, including those established in third countries, to designate an establishment or a legal representative in the EU for the purpose of receiving and complying with such orders.

The application of the Regulation marks a significant development in the EU legal framework governing cross-border access to data, at the intersection of judicial cooperation in criminal matters, digital services, cybersecurity and personal data protection.