New EU e-Evidence Regulation comes into force today but hundreds of Irish service providers may be unaware that they could now be legally required to respond to requests for electronic evidence from police and judicial authorities across Europe, according to Maureen King, CEO and founder of Irish legal tech firm iTrust 6A™.

The new e-Evidence Regulation introduces a harmonised legal framework that allows police and judicial authorities across the EU to obtain electronic evidence directly from service providers in other EU member states, significantly streamlining cross-border investigations.

Ms King said: “The implications are particularly significant for Ireland, which hosts many of Europe’s largest technology companies and cloud infrastructure providers.

“The large multinational tech companies have been preparing for this for some time, but many smaller providers may not even realise these obligations now apply to them”.

With more than 20 years’ experience in the telecommunications sector, Ms King has provided expert evidence in hundreds of criminal trials and has been regularly cross-examined on matters relating to competing rights, legality, necessity and proportionality.

“This isn’t just a compliance issue. Businesses need processes, governance and technology to respond securely to legally binding requests within as little as eight hours in emergency cases,” she said.

“Timely access to electronic evidence is often critical in life-threatening emergencies and can make the difference between justice being served and justice being denied,” added Ms King.

“Ireland has become a cornerstone of Europe’s digital economy. It is now becoming a cornerstone of Europe’s justice infrastructure as well.”

Justice minister Jim O’Callaghan said recently that more than 600 service providers could designate an addressee in Ireland under the new framework, with potentially hundreds of thousands of production orders expected each year. 

According to the European Commission, around 85 per cent of criminal investigations now involve electronic evidence, while 65 per cent of those investigations require evidence held in another EU member state.

Failure to comply with the Regulation can result in enforcement action, including penalties of up to 2 per cent of global annual turnover.

Ms King said: “All businesses, especially those providing online services, should assess their obligations now, not when a legal order lands on their desk”.

Organisations in scope will need to designate an addressee to receive and respond to requests and ensure they have the necessary people, processes and technology in place to comply with demanding response deadlines.