A MoFo Privacy Minute Q&A: How to Prepare for an EU Law Enforcement Request Under the e-Evidence Regulation

This is A MoFo Privacy Minute, where we provide our clients short answers to their most asked questions.

Question: EU law enforcement authorities have begun issuing requests under the e-Evidence Regulation, demanding that service providers produce or preserve data within as little as 10 days, or eight hours in emergencies. How should global service providers respond, and what should they be doing now to prepare?

Answer: Under the EU’s e-Evidence Regulation (the “Regulation”), any competent EU law enforcement authority can now issue a production or preservation order directly to a service provider registered in another EU Member State, without going through the slower mutual legal assistance process. While some EU Member States are still in the process of adopting their implementing laws, the obligation for service providers to respond to orders under the Regulation is already live. Below, we set out five practical steps to take now, before a request lands on your desk.

Read the full blog post.