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

On 12 July 2023, the European Parliament and the Council of the European Union adopted Directive (EU) 2023/1544. This Directive establishes harmonised rules for designating establishments and appointing legal representatives for gathering electronic evidence in criminal proceedings. The Directive applies to providers of electronic communications services under Directive (EU) 2018/1972, as well as to certain information society services under Directive (EU) 2015/1535, provided they enable user-to-user communication or allow the storage or processing of data where storage is a defining component. Covered services also include online marketplaces, hosting and cloud computing services, and online gaming and gambling platforms. Service providers offering covered services in the Union are required to designate a designated establishment or appoint a legal representative by 18 August 2026 if they are already active in the EU at the time of transposition. Providers that begin offering services in the Union after that point must comply within 6 months of commencing operations. The Directive does not apply to service providers operating exclusively within a single Member State, nor to services for which data storage is merely ancillary or where users communicate only with the service provider. Designated establishments or legal representatives serve as the addressees for judicial decisions and orders relating to electronic evidence under Regulation (EU) 2023/1543 and Directive 2014/41/EU, and are required to 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. The Directive enters into force 20 days after publication in the Official Journal, and Member States are required to transpose its provisions into national law by 18 February 2026.