06 Jun 2019

DIGITALEUROPE supports EU-US negotiations on e-evidence

DIGITALEUROPE supports the Council’s decision today to adopt the Commission’s negotiating mandate with the US authorities on cross-border access to electronic evidence in criminal matters.


Cecilia Bonefeld-Dahl, Director General of DIGITALEUROPE, commented:


Clarifying the rules applicable for accessing e-evidence is critical in our globally connected society. Negotiating transparent and principled rules between Europe and the US will benefit citizens, companies and law enforcement agencies. We support law enforcement agencies in doing their job effectively, but a transatlantic agreement must also ensure that citizens’ fundamental rights are protected. The risk of an unaccountable overreach into company-held data must be avoided. We care deeply about these matters and look forward to constructive dialogue on both sides of the Atlantic.


Critical to achieving an effective transatlantic agreement is the completion of the proposed e-evidence legislation, which must strike an equally careful balance between the needs of law enforcement agencies and citizens’ rights. To this end, the e-evidence proposal must include effective checks and balances on the ability of law enforcement to access citizens’ and company data.

DIGITALEUROPE continues to support progress on the e-evidence proposal in a way that incorporates robust protections and safeguards for citizens’ fundamental rights and freedoms. With Council adopting a General Approach in December 2018, we look to thenew European Parliament to ensure a balanced e-evidence legislation early in the next legislative term.

Alberto Di Felice
Policy and Legal Counsel
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