FIN MoJ consulted on a working group's proposal for national regulation on cross-border access to electronic evidence to supplement EU Regulation on electronic evidence, implement the related directive; so-called E-evidence Regulation will enhance cross-border access to electronic evidence by competent authorities in EU.
Involves direct communication between authorities and private service provider in another EU country; the new law would provide for national supplementary provisions on the procedure to obtain e-evidence in accordance with the Regulation.
European Production Order could be used to obtain e.g. content/transmission data of email message directly from private service provider located in another Member State.
European Preservation Order would help prevent data loss, secure its retrieval.
Production and preservation orders could be issued in Finland, as a rule, by criminal investigation authorities, but would require confirmation by either prosecutor or court.
A second law would implement nationally the e-evidence directive in relation to uniform rules in the EU on designated establishments and legal representatives of service providers for collection of electronic evidence in criminal proceedings.
Per proposal, FIN Traficom would act as central authority in Finland; changes proposed to Act on Enforcement of Fines re penalty payments under e-evidence Reg, Directive.
Effectiveness
The draft government proposal can be commented on until May 13, 2025.
Regulators
FIN MoJ; FIN Traficom
Entity Types
Corp
Reference
CP, Rp, PR, 3/31/2025; E-evidence Reg 2023/1543, Dir 2023/1544
