Only eight of the 26 EU member states surveyed have implemented the e-Evidence Regulation, which applies across the EU from 18 August 2026. Just nine have transposed the accompanying Directive on legal representatives, despite the February 2026 transposition deadline.

Key findings

• Only Croatia, Finland, Germany, Italy, Portugal, Slovakia and Sweden implemented the regulation and transposed the directive
• Hungary only implemented the regulation, while Estonia and Ireland only transposed the directive

Why it matters

The EU e-Evidence Regulation establishes rules for easing access to electronic evidence across borders for criminal proceedings. Its implementation affects law enforcement authorities as well as providers of electronic communications, messaging apps, social media and other services offered in the EU.

Background

The e-Evidence Regulation allows law enforcement authorities to request electronic evidence (e-evidence) stored by electronic communications service providers in other countries. Providers may be required to supply e-evidence within ten days, or within eight hours in emergency cases. The rules also apply to providers established outside the EU if they offer services in the EU, regardless of where the data is stored.

The regulation is directly applicable from 18 August 2026. It is accompanied by the Directive on legal representatives, which requires providers offering services in the EU to designate an establishment or appoint a legal representative in the EU to receive and comply with e-evidence orders.

The directive covers orders based on the e-Evidence Regulation, the European Investigation Order Directive and the Convention on Mutual Assistance in criminal matters. Member states were required to transpose it by 18 February 2026.

What the content covers

Cullen International’s latest Benchmark tracks implementation of the e-Evidence Regulation and transposition of the accompanying Directive on legal representatives across 26 EU member states. It also looks at main elements of the regulation, including competent authorities for issuing orders and rules on penalties for non-compliance with the orders.

Scope

Region: European Union
Countries covered: 26 EU member states; Denmark is excluded because it is not subject to the e-Evidence Regulation
Policy area: Electronic evidence, criminal justice cooperation and digital services regulation
Source type: Benchmark
Relevant legislation or policy initiative: e-Evidence Regulation, Directive on legal representatives, European Investigation Order Directive and Convention on Mutual Assistance in criminal matters
Published: September 2026

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