European Union: Directive (EU) 2023/1544 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 enters into force with grace period

On 17 August 2023, Directive (EU) 2023/1544 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 entered into force, twenty days after its publication on 28 July 2023 in the Official Journal (L 191/181). The Directive establishes a phased implementation timeline under which Member States must transpose its provisions into national law by 18 February 2026. Service providers offering services in the Union on that date are required to designate a an establishment or appoint a legal representative by 18 August 2026, while service providers that begin offering services in the Union after 18 February 2026 must comply within 6 months of commencing operations. The Directive applies to providers of electronic communications services within the meaning of Directive (EU) 2018/1972 and to certain information society services under Directive (EU) 2015/1535 that enable user-to-user communication or allow the storage or processing of data where storage is a defining component of the service. Covered services include online marketplaces, hosting and cloud computing services, as well as online gaming and gambling platforms. It excludes service providers operating exclusively within a single Member State and services for which data storage is merely ancillary or where users communicate only with the service provider. Designated establishments or legal representatives act as the addressees for judicial decisions and orders relating to electronic evidence under Regulation (EU) 2023/1543 and Directive 2014/41/EU and must notify the relevant central authorities of their contact details and applicable languages. Member States are expressly prohibited from imposing obligations beyond those laid down in the Directive.