European Preservation and Production Orders: A Non-Exclusive Approach to E-Evidence within the EU

The main piece of the legislative package on electronic evidence – Regulation 2023/1543 (hereinafter: the e-evidence Regulation) establishes a new mutual recognition instrument for preserving and obtaining e-evidence from service providers located in another jurisdiction by means of European Preservation Orders (EPOC-PR) and European Production Orders (EPOC). It will be applicable in the EU Member States (except Denmark) as of 18 August 2026. As has often been stressed, this mutual recognition instrument, especially the revolutionary approach of allowing trans-border requests to be sent directly from the judicial authority of one Member State to the service provider of another Member State, takes the field of judicial cooperation beyond its traditional boundaries.

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