Enhancing Use, Admissibility, and Exchange of E-Evidence in the EU

The constant evolution of digital technologies poses both challenges and opportunities for law enforcement and judicial authorities. As criminals increasingly exploit Internet and Information and Communication Technologies (ICTs), digital traces have become crucial sources of evidence for investigators, judges, and prosecutors. According to the Council, ‘85% of criminal investigations involved digital data in the European Union’ by early 2024. Data from the European Commission further show that ‘more than half of all investigations today involve a cross-border request to access electronic evidence. Electronic evidence is needed in around 85% of criminal investigations, and in two-thirds of these investigations there is a need to request evidence from online service providers based in another jurisdiction’. The rising production of e-evidence requires competent authorities to know how to acquire and handle it properly to ensure admissibility in court.

In response to this growing need, this seminar is designed to help investigative and judicial authorities confidently navigate the complexities of e-evidence, enhancing its use in investigations and proceedings, while facilitating effective cross-border exchanges. The training provides an overview of fundamental concepts, the international and EU legislative frameworks, practical methods for acquiring and handling e-evidence, and case studies.

Participants will explore e-evidence from multiple perspectives: law enforcement, judicial authorities, third-party providers, and citizens. This broad approach ensures that each actor involved in handling digital evidence understands its journey, from production and analysis to presentation in court. The training also clarifies the specific steps of the process and the role of each participant within it.

Finally, relevant case law will be examined to guide judges, prosecutors, and defence lawyers on key principles such as necessity, proportionality, judicial oversight, and the duty to inform affected persons when applicable.

By the end of the training, you will be able to:

• understand the concepts of reliability, e-evidence, and digital justice, and their interrelation;
• demonstrate knowledge of relevant international and EU instruments, including the EU e-evidence package;
• apply knowledge of EU instruments and tools for obtaining and exchanging e-evidence;
• discuss the challenges and opportunities of AI in relation to e-evidence;
• recognise concerns related to digital rights and rights protection.

Course methodology:

The course is addressed to an audience that already has a degree of understanding of, and familiarity with, e-evidence and relevant legislation and procedures, as it includes advanced discussions of topics related to cybersecurity, AI, procedural rights, and cross-border cooperation. We believe that practical know-how is the key to effective learning. This course therefore includes:

• individual preparation for the course – you are invited to bring along any information about how issues related to digital evidence are addressed within the EU context, as well as within your own jurisdiction;
• group and individual assignments, including case studies;
• an interactive approach: the course structure will give you the opportunity to ask questions and share, discuss, and reflect on experiences, knowledge, needs, and challenges with the trainers and other participants;
• dedicated time for note-taking, so you can apply what you learn in your daily work and within your organisation.

Participants will gain both theoretical and practical knowledge to strengthen their ability to work with electronic evidence. The course will help them:

• understand the lifecycle of e-evidence – from its creation and preservation to its presentation and admissibility in court;
• apply EU legal frameworks when handling cross-border requests for electronic data;
• identify best practices for the acquisition, storage, and transfer of e-evidence in a way that preserves integrity and ensures admissibility;
• recognise the roles and responsibilities of law enforcement, judicial authorities, third-party providers, and defence lawyers in the e-evidence process;
• balance effectiveness with rights protection, applying key principles such as necessity, proportionality, and judicial oversight.

Impact on daily work
After the course, participants will be better equipped to:

• manage digital investigations more efficiently and avoid mistakes that could compromise the integrity of evidence;
• confidently address cross-border requests and engage in effective interactions with service providers;
• anticipate legal challenges in court and ensure that collected evidence withstands judicial scrutiny;
• cooperate more effectively across jurisdictions and institutional boundaries, reducing delays and uncertainties.

• Court staff
• Law enforcement officials
• EU agencies’ staff
• Prosecutors
• Professionals in the private sector, particularly working for online service providers
• Lawyers
• Advocacy, NGOs, civil organisations

Project number: 2551302

Course venue
European Institute of Public Administration (EIPA)
O.L. Vrouweplein 22
6211 HE, Maastricht
The Netherlands

Programme Organiser
Ms Elisa Dolci
Tel: +352 691 108 038
e.dolci@eipa.eu

Fee
The fee includes documentation, refreshments, and lunches. Accommodation and travel costs are at the expense of the participants or their administration.

Discounts
EIPA member fee
EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.

Who are the supporting countries?
Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden.

For all other participants, the regular fee applies.

Early bird discount
The early bird discount is not cumulative with other discounts or promo codes, except for the EIPA member fee.

Loyalty coupon
As a token of appreciation we offer all our participants a loyalty coupon for one of our future courses. The offer can be shared with colleagues and relevant networks. The coupon will expire one year after its release. This discount is not cumulative with other discounts, except for the EIPA member fee.

Meals
Dietary preferences can be indicated on the registration form.

Hotels
EIPA has a special price arrangement with a few hotels. The hotels are within walking distance from EIPA. Payment is to be made directly and personally to the hotel upon checking out.

• Derlon If you wish to take advantage of this special price, please click on the hotel name to book directly using the link
  info@derlon.com
  +31 (0)43 321 67 70
• Townhouse If you wish to take advantage of the special price, use the word ‘EIPA’ in the promotion code field
  info@townhousehotels.nl
  +31 (0)43 323 30 90
• Mabi If you wish to take advantage of the special price, use the word ‘EIPA’ in the promotion code field
  info@hotelmabi.nl
  +31 (0)43 351 44 44
• Kaboom Hotel If you wish to take advantage of the special price, use the word ‘EIPA’ in the promotion code field
  info@kaboomhotel.nl
  +31 (0)43 325 33 40
• Leonardo Boutique Hotel
  maastrichtcitycenter@leonardo-hotels.nl

Confirmation
Confirmation of registration will be forwarded to participants on receipt of the completed online registration form.

Payment
Prior payment is a condition for participation.

Cancellation policy
For administrative reasons you will be charged €150 for cancellations received within 15 days before the activity begins. There is no charge for qualified substitute participants.

EIPA reserves the right to cancel the activity up to 2 weeks before the starting date. In that case, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.).

A few days before the start of the course you will receive the log-in details for accessing the course materials. You can log in here.