Cybercrime Judicial Monitor

Eurojust presents this fifth issue of the Cybercrime Judicial Monitor (CJM). The CJM is published once per year and distributed to judicial and law enforcement authorities active in the field of combatting cybercrime and cyber-enabled crime. It is produced on the basis of information provided by members of the European Judicial Cybercrime Network (EJCN).

This issue of the CJM contains four main sections. The first section covers legislative developments in the area of cybercrime, cyber-enabled crime and electronic evidence in 2019.

The judicial analysis section presents legal analyses of court rulings rendered by courts in different Member States and third countries. The courts ruled on different cyber-related matters, such as law enforcement authorities (LEA) accessing an account of a suspect using a keylogger, or accessing a device by use of a suspect’s fingerprint and access to data abroad via a third-party network search. In addition, a Belgian ruling of the Court of Cassation is analysed, focussing on the obligation for service providers to cooperate with LEA. Several other national court rulings are also briefly summarised.

The next section is devoted to the topic of data retention, particularly the recent developments within the European Union with regard to the application of data retention rules. An overview is provided of recent national legislative and case law developments.

The topic of interest in this issue of the CJM is ‘handling of virtual currencies in criminal investigations and proceedings’. The chapter touches upon the concept of virtual currencies, the legal framework and policies in the different countries covering the seizure and handling of virtual currencies during investigations, as well as challenges and obstacles encountered when seizing and possibly converting virtual currencies at different stages of the investigation.

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