New regulation simplifies the exchange of digital evidence in criminal cases within Europe
Effective as of March 2026, the ‘eEvidence’ regulation will come into force within the European Union. The regulation strengthens existing agreements on the exchange of digital evidence between countries. The regulation applies to evidence in existing criminal cases stored with internet service providers. This includes, for example, domain providers, mobile phone services or online gaming services.
In more than half of criminal cases, digital evidence is vital to the success of a case. Many criminal cases are also international, just as ‘the internet’ itself is not confined to our national borders. The regulation therefore marks significant progress in the investigation and prosecution of criminals throughout the European Union. An important step for Dutch citizens and all companies that operate here and rely on well-functioning legal systems.
The Ministry of Justice and Security will make good use of the coming two years to implement the changes involved in the regulation. In addition to developing new legislation on the exchange of digital evidence, significant changes for our investigative body and Public Prosecution Service are in the pipeline. A public-private partnership has also been launched involving various representatives of the various internet services in the Netherlands to facilitate the changes.