It’s no secret that cybercriminals use numerous maneuvers to evade punishment and make it extremely difficult to locate them. To carry out their criminal acts, they resort to activities such as #Phishing, sending emails with false information to obtain financial or personal data from victims, Exploits, where they search for computer vulnerabilities to introduce malware, or Cyberespionage, to obtain sensitive information from both companies and individuals and extort them, and there are other vandalistic techniques used to perpetrate their crimes. That is why Europe is taking measures to expedite the reporting of cybercrime.

In their quest to close the legal gaps that EU member states had in delivering information on cyberattacks, especially if the data was stored abroad, the European Council created new rules to improve access to electronic evidence in April 2018.

On January 25, 2023, the Council of the European Union and the European Parliament took the step of signing the “Regulation on European orders for the delivery and preservation of electronic evidence,” which will allow authorities to exchange information on evidence from investigated cases.

In April 2018, the European Council introduced new regulations to close legal gaps in sharing cyberattack data, easing access to electronic evidence stored abroad.

This Regulation will streamline the process of sending evidence, allowing service providers from council member states, as well as judges and prosecutors, to have and preserve evidence before it disappears, regardless of the location of the data.

It should be noted that data can only be requested for punishable offenses in the issuing country with a maximum custodial sentence of at least three years, or for specific crimes related to cybercrime, child pornography, counterfeiting of non-cash payment means, or terrorism. To ensure compliance with the rules, a mandatory ten-day deadline has been established to respond to a delivery order, although for cases of established emergencies, they have an eight-hour deadline. We hope that with this significant step, these types of crimes can be sanctioned, and the measures will help close the gaps that lead to cyberattacks. #cybercrime #news #moveappsaldia #moveapps

Source: Council of the EU.
Regulation on cross-border access to electronic evidence (final transactional text)