- Over 50% of criminal cases in the EU require cross-border access to electronic evidence; 85% rely on digital evidence.
- Data requests to service providers have tripled between 2017 and 2022, and the need is increasing further.
- The EU e-evidence package entered into force in August 2026, introducing production orders (10 days) and preservation orders (60 days).
- Key challenges: unknown storage locations, servers across multiple countries, and lack of harmonised deadlines for data retention.
- The SIRIUS report by Europol and Eurojust covers perspectives from law enforcement, judicial authorities, and service providers.
Over 50% of Criminal Cases Require Cross-Border Digital Evidence
More than half of all criminal investigations in the EU now include a request for cross-border access to electronic evidence such as text messages, e-mails, or messages in chat applications. According to Europol, however, authorities face significant legal and technical challenges when it comes to obtaining this data from service providers based in other countries.
The challenges are multiple and overlapping: evidence may be stored in an unknown location, servers can be spread across several countries, and there are no harmonised deadlines for when a service provider must preserve data or respond to a legal request. The result is a lengthy and cumbersome process that delays the justice process.
Data Requests Have Tripled Since 2017
According to the European Commission's communication on a roadmap for lawful and effective access to data for law enforcement, electronic evidence today accounts for approximately 85% of the evidence underpinning criminal cases. The number of data requests addressed to service providers has tripled between 2017 and 2022, and the need is expected to increase further.
| Indicator | Value |
|---|---|
| Share of criminal cases with cross-border e-evidence | Over 50% |
| Share of criminal cases relying on electronic evidence | Approximately 85% |
| Growth in data requests to service providers (2017–2022) | Tripled |
Critical criminal evidence remains inaccessible because service providers delete data within days, because conflicts of laws between jurisdictions make data collection difficult, because digital forensics is difficult or impracticable on seized devices, and because data is encrypted.
EU's e-Evidence Package Entered into Force in August 2026
In August 2026, new rules came into effect in the EU that change the way judicial authorities can access electronic evidence. The EU e-evidence package – adopted in 2023 – introduces two new instruments for judicial cooperation:
- The European Production Order enables judicial authorities in one Member State to directly compel a service provider in another Member State to produce electronic evidence within 10 days – or 8 hours in emergency cases – via the designated contact point.
- The European Preservation Order enables judicial authorities to require that electronic evidence be preserved for 60 days to ensure it remains available for later access.
The new rules include strong safeguards for the protection of fundamental rights, including personal data protection, and the persons whose data is sought are entitled to legal remedies.
The SIRIUS Project Covers Three Perspectives
The SIRIUS project, jointly implemented by Europol and Eurojust and funded by the Commission's Service for Foreign Policy Instruments, publishes an annual situation report on cross-border access to electronic evidence. The report highlights challenges and opportunities from three perspectives: law enforcement, judicial authorities, and service providers.
In a rapidly changing online environment, investigators and prosecutors increasingly face challenges posed by complex and slow processes, volume of electronic data, inconsistent cooperation from service providers, encryption, and decentralised technologies.
From the law enforcement perspective, Single Points of Contact (SPoCs) are highlighted as playing a crucial role in improving compliance rates for data requests. The growing importance of training for EU law enforcement in electronic evidence is also emphasised.
From the judicial authorities' perspective, the e-evidence package is expected to provide more efficient tools for cross-border data access. However, concerns persist over the lack of an EU-wide data retention framework, which could lead to the loss of critical information.
Service providers report an increasing volume of data requests, while simultaneously noting improved public-private cooperation. Overly broad requests and misunderstandings about their services are highlighted as challenges that can be addressed through better communication.
Recommendations to Stakeholders
The report concludes with concrete recommendations:
- Law enforcement and judicial authorities are urged to enhance training in electronic evidence and prepare for upcoming legislative changes.
- Service providers are encouraged to engage proactively in cooperation and to clarify their internal policies for legal requests.
- EU institutions are urged to harmonise deadlines for data preservation and response to legal requests.
Background: The SIRIUS Project
SIRIUS is a knowledge and capacity-building project that has served as the central reference point in the EU for cross-border access to electronic evidence since October 2017. The platform is hosted on the Europol Platform of Experts and includes among other things:
- Written materials and guidelines on how to lawfully obtain information from different service providers
- Structured databases with contact details of more than 1,000 service providers, including cryptocurrency exchanges
- Webinars and training materials for law enforcement and judicial authorities
- Restricted discussion forums for members of the judiciary and law enforcement authorities
To date, SIRIUS serves a community of competent authorities from 47 countries, representing all EU Member States and a growing number of third countries, as well as the European Public Prosecutor's Office (EPPO).