This article explains how Ireland’s e-evidence landscape is set to be transformed and the key next steps which in-scope organisations need to take.

Background to the new regime under the e-Evidence Package

The e-Evidence Package establishes a new harmonised regime which allows law enforcement and judicial authorities in one EU Member State to make an e-evidence order, directly requesting the production or preservation of e-evidence from a service provider’s contact point in another EU Member State. 

As an advanced digital economy, Ireland will play a key role under the new e-Evidence regime with Irish-based service providers expected to collectively process in excess of 300,000 e-evidence orders each year. Failure to comply with orders made by law enforcement and judicial authorities in other Member States can result in significant financial penalties, so it is imperative that in-scope service providers understand their obligations under the new rules.

The EU e-Evidence Package consists of a Regulation ((EU) 2023/1543) (the Regulation) which establishes the framework for the new regime, and a Directive ((EU) 2023/1544) (the Directive), which requires Member States to legislate to create domestic law obligations applicable to service providers who are in scope. While the deadline for transposition of the Directive by EU Member States was 18 February 2026, most Member States are behind in implementation (see our tracker for more information). The new regime will enter into application tomorrow (18 August 2026), but many Member States have still not passed the required domestic legislation under the Directive.

Implementation of the e-Evidence Package in Ireland

The 2026 Act transposes the Directive and implements the Regulation under Irish law with respect to, amongst other things, inbound e-Evidence orders from authorities in other Member States to service providers with their addressees registered in Ireland. (Note that Irish authorities’ ability to issue e-evidence orders under the new regime to service providers outside the State will be dealt with under the Criminal Justice (Protection, Preservation of and Access to Data on Information Systems) Bill 2024, of which only a General Scheme is currently available.) The Act’s e-Evidence related provisions are fully operational (since 10 August 2026) and the relevant authority which oversees the e-Evidence regime in Ireland, the Office of the Director of Criminal Justice International Co-operation, has been established.  

How will the system for access to e-evidence in Ireland change under the new regime?

According to the European Commission, over 50 per cent of all criminal investigations in the EU now involve a cross-border request to access e-evidence (e.g. emails, text messages, metadata). Ireland opted out of the European Investigation Order (EIO) Directive, which means e-evidence requests from foreign law enforcement authorities are currently primarily handled by the Minister for Justice, Home Affairs and Migration pursuant to mutual legal assistance treaties recognised under the Criminal Justice (Mutual Assistance) Act 2008 (as amended). Mutual legal assistance can be a complex process and often requires input from both domestic and foreign law enforcement agencies and judicial authorities before e-evidence is produced. It is also time-consuming, with requests for e-evidence via mutual legal assistance channels taking on average 10 months to complete.

The Regulation introduces two new investigative tools for accessing e-evidence. The first is the European Production Order, which enables authorities in one EU Member State to directly compel service providers in another EU Member State to produce electronic evidence via their appointed addressee (see below). The second tool is the European Preservation Order, which enables authorities in one EU Member State to directly compel service providers in another EU Member State to preserve electronic evidence “without undue delay” for 60 days (extendable by another 30 days), ensuring data remains available for subsequent European Production Orders.

Under the new e-Evidence regime, addressees of European Production Orders will have a maximum of 10 days to comply. In emergency cases, this timeframe can be reduced to 8 hours from receipt of the order.

It is important to note that the new regime under the e-Evidence Package does not abolish the mutual legal assistance system but will operate alongside it. In reality however, given the advantages, particularly from a timing perspective, of the streamlined new regime, it is likely that the vast majority of requests for e-evidence from authorities in other EU Member States will now be made via the new regime.

Establishment of the Office of the Director of Criminal Justice International Cooperation

To ensure in-scope service providers comply with their new obligations, the Act provides for the establishment of the Office of the Director of Criminal Justice International Cooperation (the Director). The Director will act as the ‘central authority’ in Ireland under the Directive and Regulation, responsible for, amongst other things, ensuring that in-scope service providers in Ireland appoint an “addressee” to receive European Production Orders and European Preservation Orders, as well as other e-evidence requests (e.g. orders made via mutual legal assistance).

The Director will also act as the ‘enforcing authority’ in Ireland under the Regulation. In this regard, the Director will be responsible for, amongst other things, ensuring that there is compliance with European Production Orders and European Preservation Orders.

Under Part 5 of the Act, the Director has broad powers to ensure service providers comply with their obligations under the Act (referred to as “relevant obligations”), including the power to appoint authorised officers with extensive information gathering powers, direct the undertaking of investigations, enter into agreements with a view to securing compliance and request compliance reports. The Act also provides for the imposition of financial penalties on service providers of up to 2 per cent of the service provider’s total annual worldwide turnover in the previous financial year. However,  the power to impose such a financial penalty is not vested in the Director but rests with an adjudication officer (or adjudication panel) which must first decide whether there has been a contravention by a service provider.

The obligation to register an addressee to receive e-Evidence orders

Under the new e-Evidence regime, existing service providers that are established in and offer services in the EU must designate at least one establishment as their designated establishment for receiving and complying with European Production Orders and European Preservation Orders. Service providers established outside the EU that offer services within the EU must instead appoint a legal representative, within a Member State in which the service provider offers its services. A service provider’s designated establishment or legal representative is referred to as a “relevant addressee” ; the obligation to appoint a relevant addressee is set out in section 27 of the Act. In line with the Directive, section 28 of the Act also requires the service provider to provide its addressee with the necessary powers and resources to comply with European Production Orders and European Preservation Orders. Under section 30 of the Act the service provider and relevant addressee are jointly and severally liable for the obligations imposed on either or both of them by the relevant European Production Order or European Preservation Order.

A centralised, EU-wide mechanism has been implemented for service providers to register their relevant addressee via a dedicated registration portal hosted by the EU Commission. Under section 27(4)(a) of the 2026 Act, a service provider currently offering services in Ireland or another Member State must register its addressee by the end of tomorrow, 18 August 2026.

The obligation to connect to the decentralised IT system for the new e-Evidence regime

Service providers must ensure their addressees are connected to the decentralised IT system which is to be used for transmitting European Production Orders and European Preservation Orders, and e-evidence provided in response to such orders. Member States have been developing their national access systems for connecting to the decentralised IT system and there will also be a web portal available. However, if the IT system is not yet fully operational, there is provision in the Regulation for orders to be transmitted by alternative means.

Anna Morgan is partner and Alex Guard is associate at Bird & Bird