The Achilles Heel of E-Evidence Regulation (EU) 2023/1543
Fair Trials published in 2019 a consultation paper recommending key safeguards required to preserve the fundamental fair trial protections for accused persons in matters involving e-evidence. This paper was published in response to deliberations by the European Parliament regarding the Proposal for Regulations on European Production and Preservation Orders for electronic evidence in criminal matters. Following these discussions, and in 2023, Regulation (EU) 2023/1543 (the “E-Evidence Regulation”) was finally adopted.
