European Union: European Commission proposes directive on mandatory legal representatives for gathering electronic evidence in criminal proceedings (COM(2018) 226 final) to Council and Parliament

On 17 April 2018, the European Commission submitted a proposal for a Directive of the European Parliament and of the Council, setting out harmonised rules for appointing legal representatives to gather evidence in criminal proceedings (COM(2018) 226 final). The proposed directive would apply to certain categories of service providers offering services in the EU, including providers of electronic communications and information society services for which data storage is a defining component (e.g. social networks, online marketplaces and hosting services), as well as providers of domain name and IP numbering services. The proposal would require service providers offering services in the EU, whether established within or outside the Union, to designate at least one legal representative responsible for receiving, complying with, and enforcing decisions and orders issued by the relevant authorities in criminal investigations. This representative would need to reside or be established in a Member State in which the provider offers services. At least one representative would also have to be located in a Member State that participates in the relevant Union judicial cooperation instruments adopted under Title V, Chapter 4 of the Treaty on the Functioning of the European Union. The proposal would prohibit Member States from imposing additional obligations beyond those set out in the Directive, and would include provisions on sanctions, coordination mechanisms, and notification requirements. Member States would be required to transpose the Directive within six months of its entry into force.