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ARTICLE · 20 AUGUST 2026

Ireland At The Centre Of The E-Evidence Package

The EU e-Evidence Regulation has entered into force, establishing a new framework for cross-border requests for electronic evidence in criminal proceedings. Service providers operating in the EU now face strict compliance deadlines and significant penalties for non-compliance, while navigating complex rules about data production, preservation orders, and limited grounds for refusal. How will companies balance law enforcement cooperation with fundamental rights protections under this challenging new regime?

IrelandGovernment, Public Sector

Background

On 18 August 2026 the EU e-Evidence Regulation (EU) 2023/1543 (the “e-Evidence Regulation”) entered into application and is now binding in its entirety and directly applicable in participating Member States. The e-Evidence Regulation and Directive (EU 2023/1544) (the “e-Evidence Directive”) (together, the “e-Evidence Package”) allow authorities in one EU Member State to issue an order directly to a service provider based in another Member State requesting the production of electronic evidence. For further information on the background of the e-Evidence Package, see our previous analysis.

e-Evidence Regulation

The e-Evidence Regulation establishes a framework under which a judicial authority in one Member State may, in criminal proceedings, order a service provider offering services in the EU and established or legally represented in another participating Member State to produce electronic evidence via a European Production Order Certificate (“EPOC”) and / or to preserve e

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