On 12 July 2023, the European Union adopted the e-evidence package, i.e.:
- Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023, and;
- Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023.
As the Regulation will be applicable as of 18 August 2026, the Directive must be transposed by the EU Member States by 18 February 2026.
The purpose of this Regulation is to enable an authority of a Member State, in the context of criminal proceedings to directly request a point of contact (see below) located in another Member State of a service provider, to provide it with electronic evidence or to “freeze” it (in order to provide it later), in order to investigate and prosecute perpetrators of criminal offences.
The purpose of this Directive is to oblige these service providers to establish at least one point of contact (called “designated establishment” and “legal representative”) responsible for processing the requests to provide or freeze electronic evidence issued by the authorities pursuant to national law (the Code of Criminal Procedure in the case of Belgium) and pursuant to the following EU instruments:
- e-Evidence Regulation;
- Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters;
- Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union.
The main purposes of the texts to which the public consultation relates (a draft bill and a draft Royal Decree) are to transpose the e-Evidence Directive and to implement the e-Evidence Regulation.
How to react to this document?
- Until 17 September 2025
- Only by e-mail to consultation.sg@bipt.be
- With the reference “Consult-2025-B7”
- Contact person: Pierre-Yves Dethy, Senior Advisor (+32 2 226 87 66)
- Please attach this cover form to your response.
- Your comments should refer to the paragraphs and/or sections they relate to, and confidential parts should be clearly indicated.