• Aleksandar Chavleski Faculty of Law, FON University, Skopje
  • Goce Galev Faculty of Law, FON University, Skopje
Keywords: European Union, digital evidence, criminal proceedings


With the fast development of the digital technology, the need for efficient gathering of digital evidence in criminal cases has risen exponentially. Often, the digital data is stored on servers located abroad, so national authorities cannot obtain them without seeking legal aid from their counterparts in foreign country/territory. This cooperation often doesn’t work seamlessly not only from legal, but from factual reasons as well. Here series of questions regarding national sovereignty, jurisdiction and international law are intertwined. In order to achieve sufficient speed in processing such requests, national authorities tried to bypass their counterparts in foreign countries and communicated directly with the service provider. These investigations are time-sensitive in order both to secure the evidence and its integrity. In order to adequately address these concerns, in June 2016 the Council of EU called the Commission to prepare an e-evidence package, which was eventually presented in April 2018. The aim of this article will be to give a critical overview of the proposed package mainly via its key component – the draft Regulation.


Anishchuk, A., “Russia passes law to force websites onto Russian servers”, retrieved from: 20140704. (03.07.2019).

Biasiotti, M., “Present and Future of Exchange of Electronic Evidence in Europe,” in: Biasiotti, M. A., Mifsud Bonnici, J. P., Cannataci, J., Turchi, F. (Eds), Handling and Exchanging Electronic Evidence Across Europe, Wien, Springer, 2018.

De Busser, E., “EU-US Digital Data Exchange to Combat Financial Crime: Fast is the New Slow”, German Law Journal, Vol.19 No.05.

De La Chapelle, B. & Fehlinger, P., “Jurisdiction on the Internet: from legal arms race to international cooperation,” Global Commission on the Internet Governance Paper Series No.28, 2016.

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection of Individuals with Regard to the Processing of Personal Data and the Free Movement of Such Data (Data Protection Directive).

Drake, W. J., Cerf, V. & Kleinwächter, W., Internet Fragmentation: An Overview, World Economic Forum Future of the Internet Initiative White Paper, Geneva, Switzerland: World Economic Forum, 2016, retrieved from: Overview_2016.pdf., p.61.(04.07.2019).

European Data Protection Board, Opinion 23/2018 on Commission proposals on European Production and Preservation Orders for electronic evidence in criminal matters (Art. 70.1.b), 26 September 2018.

Fehlinger, P., Cyberspace Fragmentation: An Internet Governance Debate beyond Infrastructure.”, 2014, retrieved from:

Koops, B.&Goodwin, M., “Cyberspace, the cloud, and cross-border criminal investigation The limits and possibilities of international law,” Tilburg Institute for Law, Technology, and Society, December 2014, retrieved from: (accessed: 04.07.2019).

Mason, S., “Some International Developments in Electronic Evidence”, in: Kin, L. (ed.) International Conference on Electronic Litigation, Singapore, Singapore Academy of Law.

Mifsud Bonnici J.P., Tudorica M., Cannataci J.A. (2018), “The European Legal Framework on Electronic Evidence: Complex and in Need of Reform.” In: Biasiotti M., Mifsud Bonnici J., Cannataci J., Turchi F. (eds) Handling and Exchanging Electronic Evidence Across Europe. Law, Governance and Technology Series, vol 39. Springer,Cham.

Osula, A., Mutual Legal Assistance and Other Mechanisms for Accessing Extraterritorially Located Data, Masaryk University Journal of Law and Technology, Vol.9:1, 2015.

Svantesson, J. & Zwieten, L., “Law enforcement access to evidence via direct contact with cloud providers – identifying the contours of a solution” Computer Law & Security Review, Volume 32 Issue 5.

Svantesson, D., “Law enforcement access to evidence via direct contact with cloud providers – identifying the contours of a solution”, retrieved from: /resource/resmgr/Slide_seminari/ Convegno_ Milano/LEAccess SVANTESSON20160418SU.pdf p.8.

Tosza, S., “The European Commission’s Proposal on Cross-Border Access to E-Evidence Overview and Critical Remarks,” EUCrim 4/2018.

How to Cite
Chavleski, A., & Galev, G. (2019). GATHERING E-EVIDENCE IN CROSS-BORDER CASES: RECENT DEVELOPMENTS IN EU LAW. Knowledge International Journal, 32(1), 155 - 162. Retrieved from