Probleme des transnationalen Zugriffs auf elektronische Beweismittel im Lichte der europäischen

In July 2023, the so-called e-evidence Regulation (Regulation (EU) 2023/1543) and the Directive on Representatives (Directive (EU) 2023/1544) were adopted. These legal acts are based on the understanding that the existing legal framework for European evidence assistance does not allow for efficient access to electronic evidence. The work examines, starting from an overview of evidence assistance, the current issues of transnational access to electronic evidence. In addition to the involvement of private service providers, the necessity of effective legal protection is highlighted. Building on an analysis of the US CLOUD Act, the limits of Union and international law in the context of cross-border criminal prosecution are elaborated, with a focus on the principle of mutual recognition (Art. 82 TFEU) and the admissibility of supranational legislation. Based on the findings, the drafts and the adopted e-evidence Regulation are subjected to critical examination.