The Digital Services Act (DSA) is a European Union (EU) law that brings updated and harmonised rules for providers of digital services. As regards access to electronic evidence, especially in a cross-border context, the DSA importantly harmonises rules on disclosure orders addressed by authorities...

This document analyses the process of requesting Mutual Legal Assistance (MLA) in criminal matters from Swiss authorities, particularly focusing on the gathering of electronic evidence. It provides information on the basis for cooperation, scope of assistance, requirements for MLA requests, grounds...

On 14 December 2022, 38 Ministers and high-level representatives of the Organisation for Economic Co-operation and Development (OECD) Members and the European Union adopted the Declaration on Government Access to Data Held by Private Sector Entities (Declaration). Although not legally binding, the...

The Digital Services Act (“DSA”) is a European Union (“EU”) law that brings updated and harmonised rules for providers of digital services. As regards access to electronic evidence, especially in a cross-border context, the DSA (Article 10) importantly harmonises rules on disclosure orders addressed...

The Second Additional Protocol to the Council of Europe Convention on Cybercrime (Budapest Convention) on enhanced cooperation and disclosure of electronic evidence (Protocol) aims to enhance cooperation among the Parties, as well as between the Parties and service providers and other entities, for...

The Second Additional Protocol to the Council of Europe Convention on Cybercrime (Budapest Convention) on enhanced cooperation and disclosure of electronic evidence (Protocol) aims to enhance cooperation among the Parties, as well as between the Parties and service providers and other entities, for...

The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) was adopted by the United States of America (US) Congress on 23 March 2018 with the aim to improve procedures for both the US and foreign authorities in obtaining access to data held by service providers in the context of criminal...

The cost-reimbursement system entails that Service Providers (SPs) may seek reimbursement for the expenses incurred in responding to requests for information from authorities (e.g. cost of data storage device, postal fees, human resources, security of data, maintenance of dedicated systems). The...

The Council of Europe Convention on Cybercrime (Budapest Convention) was the first international treaty to focus explicitly on cybercrime. Its aim is to function as an international framework for the harmonization of cybercrime-related legislation and to facilitate the fight against criminal...