e-Evidence Compliance
ICS provides a turnkey e-Evidence compliance solution that enables communication service providers, cloud platforms and digital service providers across the EU to meet every obligation under Regulation (EU) 2023/1543.
What Is the EU e-Evidence Regulation?
With more than 85 % of criminal investigations now relying on digital evidence, the European Union adopted Regulation (EU) 2023/1543 and Directive (EU) 2023/1544 on 12 July 2023 to modernise cross-border evidence gathering. The regulation applies directly in every Member State from 18 August 2026, while the directive required national transposition by 18 February 2026. In Germany the implementing statute — the Elektronische-Beweismittel-Umsetzungs- und Durchführungsgesetz (EBewMG) — was published in the Federal Law Gazette on 12 March 2026 and is now entering force in stages.
The package replaces the slow, bureaucratic MLAT process with two new instruments that allow prosecutors and judges to address service providers directly, regardless of where data is physically stored.
European Production Order (EPOC)
Compels a service provider to hand over electronic evidence within strict deadlines. Standard orders must be fulfilled within 10 days. In emergencies involving terrorism or imminent threat to life, providers have only 8 hours to deliver the requested data.
European Preservation Order (EPOC-PR)
Requires the provider to freeze data for up to 60 days (extendable by 30 days) while the issuing authority prepares a full production order. Both instruments can target four categories of data: subscriber, access, transactional and content data.
Qui est concerné ?
The e-Evidence regulation applies to a wide range of service providers operating in the EU, including electronic communication service providers (telephony, messaging, e-mail), internet domain and IP numbering services, social networks, online marketplaces and cloud storage platforms. The obligations extend to non-EU companies that offer services within the Union. According to the German Federal Ministry of Justice, an estimated 9,000 companies in Germany alone fall within scope.
Every affected provider must designate an official contact point — a so-called designated establishment or legal representative (Adressat) — in the EU. This entity is responsible for receiving and executing orders and must register with the national authority, in Germany the Bundesamt für Justiz (Federal Office of Justice).
Compliance Timelines and Penalties
The regulation imposes aggressive response windows. Standard Production Orders must be fulfilled within 10 days. In defined emergency situations — terrorism, imminent threat to life — providers have only 8 hours to deliver the requested data. Preservation Orders require immediate action to freeze the relevant records.
Non-compliance carries significant financial risk. Fines can reach up to EUR 500,000 for standard violations. For large service providers with more than EUR 25 million in global revenue, penalties may amount to 2 % of worldwide annual turnover — a model familiar from GDPR enforcement.
The ICS e-Evidence Compliance Solution
ICS — International Carrier Services GmbH — delivers an end-to-end e-Evidence compliance platform designed specifically for communication service providers, cloud operators and digital platforms across the European Union. Our solution builds on more than two decades of experience in lawful interception and regulatory compliance and integrates seamlessly with our existing LIMS (Lawful Interception Management System) and data retention platforms.
01
Automated Order Processing
The ICS platform automates the complete lifecycle of European Production Orders and Preservation Orders — from secure intake and legal validation through data extraction to encrypted delivery to the requesting authority.
02
Designated Establishment Support
For service providers that need to appoint a legal representative in the EU, ICS offers advisory and operational support including registration with the Bundesamt für Justiz and configuration of the designated establishment.
03
Secure EU Infrastructure Integration
All communication under the e-Evidence framework flows through the EU e-CODEX system and national notification platforms. The ICS solution provides certified interfaces for exchanging orders and evidence through the legally mandated channels.
04
Full Audit Trail and Reporting
Every action — order receipt, validation, objection, data extraction, delivery — is logged in a tamper-proof audit trail. Our reporting module generates compliance documentation for internal governance, external audits and regulatory reviews.
05
ETSI-Compliant Architecture
The ICS e-Evidence platform is built on the same ETSI-compliant architecture that powers our lawful interception and data retention solutions. It supports ETSI TS 102 232 handover interfaces and integrates with your existing network infrastructure.
06
Key Challenges Solved
Accelerated timelines requiring near-real-time internal workflows, round-the-clock operational readiness for emergency orders, secure integration with the EU e-CODEX communication platform, and balancing GDPR privacy obligations against mandatory data disclosure.
Why Choose ICS for e-Evidence Compliance?
ICS is one of the few European providers that combines deep lawful interception expertise with a dedicated e-Evidence solution. Our team has worked with telecommunications operators, regulatory authorities and law enforcement agencies across Europe for over 20 years. We understand the operational, legal and technical demands of evidence disclosure — and we build platforms that make compliance reliable, auditable and efficient.
The countdown to 18 August 2026 has already begun. Contact ICS today to discuss how our e-Evidence compliance platform can prepare your organisation for the new European framework.