eEvidence requires businesses to provide digital proof

What changes?

Do you work with digital services in the EU? Does your organisation offer electronic communication services, online platforms, cloud storage, or services related to internet domains? Then you will be affected by new European rules concerning digital evidence. These rules are set out in the eEvidence Regulation and Directive.

The eEvidence legislation will make it easier and faster for EU countries to share electronic evidence. This will help in the investigation and prosecution of criminal offences.

What does this mean for you?

• From 18 August 2026 there will be new rules for the sharing of digital evidence with judicial authorities in other EU countries.
• You will have to register in a European register so the authorities will be able to find your organisation. This register is called Court Database, CDB.
• You will have to organise your systems in such a way that you can provide digital evidence within a specified deadline.
• Authorities may issue European Production Orders and European Preservation Orders to provide or to preserve digital evidence.
• You may get urgent requests to share data directly from other EU countries.

Continuing obligations

• The rules apply to stored data that can be used in criminal cases. For example, email data, contact data, IP addresses, and communications data.
• You must respond to requests from judicial authorities in a timely manner.
• You must keep to privacy and safety rules when sharing data.

For whom?

• providers of internet and communication services in the EU
• businesses that offer cloud or storage services
• platforms for online communication or marketplaces
• organisations that manage domain names or IP services

When?

• You must register with the European register (Court Database, CDB) in good time. You will be informed when and how you can do so via the ECP Platform for the Information Society newsletter (in Dutch).
• From 18 August 2026 your organisation must comply with the new rules.