|Author (Corporate)||Council of the European Union, European Parliament|
|Series Title||Official Journal of the European Union|
|Series Details||L 191, Pages 181-190|
|Content Type||Legislation, Policy-making|
Directive (EU) 2023/1544 - adopted by the co-legislators on 12 July 2023 - laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings.
This Directive lays down the rules on the designation of establishments and the appointment of legal representatives of certain service providers that offer services in the European Union (EU), for the receipt of, compliance with and enforcement of decisions and orders issued by competent authorities of the Member States, for the purposes of gathering electronic evidence (e-evidence) in criminal proceedings. It applies to decisions and orders on the basis of Regulation (EU) 2023/1543, Directive 2014/41/EU and the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union. It also applies to decisions and orders for the purpose of gathering electronic evidence on the basis of national law addressed by a Member State to a natural or legal person acting as legal representative or designated establishment of a service provider on the territory of that Member State.
The draft law for this Act was adopted by the European Commission on 17 April 2018. It was part of a legislative package aimed at strengthening cross-border cooperation tackle serious crime. The Council of the European Union adopted its general approach on 8 March 2019. The plenary of the European Parliament endorsed a negotiating position on 16 December 2020. An informal agreement between the co-legislators on a compromise text for this file was reached on 29 November 2022. This was formally confirmed by the Parliament on 13 June 2023, followed by the Council on 27 June. The Act was signed by the co-legislators on 12 July 2023 and published in the Official Journal on 28 July 2023.
|Subject Categories||Justice and Home Affairs|
|Subject Tags||Criminal Law, Police | Judicial Cooperation|
|International Organisations||European Union [EU]|