Since 18 August 2026, the EU E-Evidence Regulation (Regulation (EU) 2023/1543) has fundamentally changed how digital service providers across Europe handle cross-border law enforcement requests for electronic evidence. Any company offering electronic communications, domain-name or IP-numbering services, or online services that let users communicate or store data in the EU must be prepared to respond to European Production Orders and European Preservation Orders — often within extremely tight deadlines.
目前，半数以上的刑事调查都涉及数字证据的跨境请求，该法规弥补了现有法律框架中的一个重要空白。对于服务提供商来说，了解法律义务和技术要求对于避免重大处罚和运营中断至关重要。.
什么是欧盟电子证据法规？
《电子证据一揽子文件》由2023年7月通过的两项法律文书组成：即 《电子证据条例》 以及《电子证据指令》。这两项法规共同构成了欧盟范围内关于刑事诉讼中跨境获取电子证据的统一框架。.
At its core are two new orders that work alongside, not instead of, the existing judicial-cooperation channels (the European Investigation Order, which can take up to 120 days, and mutual legal assistance, which takes about ten months on average).
European Production Order (transmitted as a European Production Order Certificate, EPOC): A judge, court or (for subscriber and user-identification data) a prosecutor in one Member State can order the designated establishment or legal representative of a provider in another Member State to produce electronic evidence. The provider must respond within 10 days, or within 8 hours in emergency cases.
European Preservation Order (transmitted as an EPOC-PR): A judicial authority can require a service provider to preserve specific data so that it is not deleted before a subsequent request for production (a European Production Order, an EIO or an MLA request) is issued. Preserved data must be retained for 60 days, extendable by a further 30 days, and for as long as necessary once the authority confirms that a production request has been issued.
The regulation entered into force on 17 August 2023. Member States had to transpose the Directive by 18 February 2026, and providers had to designate or appoint their addressee by 18 August 2026, the day the Regulation became applicable. Most Member States were late (in March 2026 the Commission opened infringement proceedings against 22 of them), which affects where and when orders can be served.
谁会受到影响？
电子证据条例》的适用范围非常广泛。它适用于在欧盟境内提供数字服务的所有服务提供商，无论其总部设在哪里。该条例界定了以下几类受影响的提供商：
- 电子通信服务提供商 - 包括固定电话、移动电话、卫星运营商、网络电话服务、电子邮件提供商以及 WhatsApp 和 Telegram 等信息平台
- 互联网域名和 IP 号码服务提供商
- 其他信息社会服务 - 包括云计算提供商、具有消息功能的在线平台（如 eBay、Vinted 或游戏平台），以及任何以数据存储或处理为主要组成部分的服务
There is no size exemption. Small and micro-enterprises are equally subject to the regulation if they offer qualifying services in the EU, although providers established in and serving only one Member State do not need to designate an addressee under the Directive, and SMEs can use the free web-based interface (built by the Commission and offered by the Member State) instead of building their own connection. Indicators that a service targets the EU market include having an establishment in the EU, availability in national app stores, local advertising, or offering customer support in a member state language.
Every in-scope provider must name an addressee for orders: EU-established providers designate one of their establishments (a ‘designated establishment’), and providers established outside the EU appoint a 法定代表人 in a Member State where they offer services (Directive (EU) 2023/1544). Each provider must also notify the addressee’s contact details and languages to the central authority of the Member State where the addressee is located (in Germany, the Federal Office of Justice).
可以申请哪些数据？
The regulation distinguishes four categories of electronic evidence that can be requested. The regulation does not create any data-retention obligation; it covers only data you already hold when the order arrives.
- 用户数据： 身份信息，如姓名、出生日期、地址、联系方式以及服务类型和期限的详细信息
- Data requested for the sole purpose of identifying the user: IP addresses with source ports and timestamps, which are treated like subscriber data
- 交通数据： 有关服务的元数据，包括信息的来源和目的地、设备位置、格式和使用的协议
- 内容数据： 服务存储或处理的所有其他数字数据，包括文本信息、图像、视频和文件
For traffic data (other than data requested only to identify the user) and content data, the issuing authority must also notify the enforcing authority of the Member State where your designated establishment or legal representative is located, unless the offence and the person concerned are both in the issuing State. In standard cases you transmit at the end of the 10-day period unless the enforcing authority raises a ground for refusal. In emergencies you still transmit within 8 hours, and the enforcing authority can object within 96 hours, after which the data may have to be deleted or used only under conditions.
技术和运营方面的挑战
对许多服务提供商而言，《电子证据条例》提出的操作要求远远超出了他们以往所能应对的范围。紧迫的响应期限--紧急情况下可缩短至 8 小时--要求提供商在第一份订单到来之前就建立健全的流程和系统。.
主要的技术和业务挑战包括
- 快速接收和验证订单： 提供商必须能够以结构化、标准化的格式接收、验证和确认收到的订单
- 在时间压力下进行法律评估： Each order needs a quick legal check: is it complete and correct, could immunities or privileges apply, or would it conflict with third-country law? Any of these must be reported to the issuing authority on the Annex III form within the deadline.
- 数据识别和提取： 必须以安全的方式查找、提取和准备传输所请求的数据
- 安全的通信渠道： Since 18 August 2026, communication must go through the EU’s decentralised IT system (built on e-CODEX). Providers connect through the national system of the Member State where their designated establishment or legal representative is located: either manually through the web-based interface or automatically through an API based on ETSI TS 104 144. Most Member States are not yet connected: on 29 September 2026 the Commission listed only Germany and Ireland as technically ready to receive orders through the system. Until the others are, orders can arrive by secure alternative means (Article 19(5)), so your intake process must handle both
- 与执法机关协调： 当必须通知国家当局时，提供商需要管理平行的时间表和潜在的反对程序
- 保密和诚信： 提供商必须实施最先进的技术和组织措施，以保护订单和数据的保密性和完整性
- 审计跟踪和文件： 对所采取的所有行动进行全面追溯，对于监管合规和潜在的法律诉讼至关重要
Non-compliance carries severe consequences. Member States must be able to fine providers up to 2% of total worldwide annual turnover of the preceding financial year for failing to execute orders or to protect their confidentiality and integrity; failing to designate an addressee is penalised separately under national law.
Problems With an Order and Grounds for Refusal
The regulation does not let a provider simply refuse an order. If an EPOC is incomplete or contains manifest errors, if compliance is de facto impossible, or if the data may be protected by immunities or privileges in the enforcing State, the provider must notify the issuing authority (and the enforcing authority, where it was notified) without undue delay using the Annex III form. The authorities then decide. Formal grounds for refusal (Article 12) belong to the enforcing authority. A provider can only object on the grounds in Article 16(4), points (a) to (f) (Article 16(5) for preservation orders), once enforcement proceedings have begun.
Providers may also raise objections when compliance would conflict with obligations under the law of a third country. In such cases, the provider must submit a reasoned objection using the official form (Annex III of the regulation), detailing the conflicting legal obligations, no later than 10 days after receiving the EPOC; execution is suspended while a court in the issuing State reviews it.
However, assessing these points under extreme time pressure — especially in emergency cases with an 8-hour deadline — is practically impossible without pre-established processes and, in many cases, external legal support.
实施：如何准备
The Regulation has applied since 18 August 2026, so providers that are not yet ready should act now. A structured implementation approach should include the following steps:
- 评估适用性： 根据您在欧盟提供的服务，确定您的组织是否属于该法规的适用范围
- 指定责任： 分配处理欧洲生产令和保护令的内部所有权
- 制定应对程序： 创建接收、验证和回复订单的成文工作流程，包括紧急请求的升级程序
- 实施技术基础设施： 确保您的系统能够在规定时间内识别、提取和安全传输相关数据类别
- Connect to the decentralised IT system: Connect through your Member State’s national system, either via the web-based interface or an API based on ETSI TS 104 144, and keep a process for orders that arrive by alternative means while national components are not yet live
- 建立法律审查能力： Ensure access to legal expertise — either in-house or through external counsel — for rapid assessment of incoming orders and of any problems that must be reported on the Annex III form
- 测试和演练： 进行准备就绪演习，以验证贵组织能够在现实条件下遵守 10 天和 8 小时的响应期限
对于许多公司（尤其是没有专门合规或法律部门的中小型服务提供商）来说，在内部满足这些要求既不现实，也不符合成本效益。.
ICS 如何帮助服务提供商履行电子证据义务
ICS （国际 Carrier 服务）专门从事 lawful interception, data retention, and regulatory compliance solutions for communication service providers, digital platforms, and other regulated entities across Europe. With deep expertise in ETSI standards, cross-border disclosure processes, and law enforcement interfaces, ICS is uniquely positioned to help organizations navigate the E-Evidence Regulation.
ICS 可为服务提供商提供以下支持
- 权限界面的实施： ICS designs, deploys, and operates authority-facing interfaces that enable structured, automated processing of European Production Orders and Preservation Orders — aligned with ETSI TS 104 144 and the requirements of the E-Evidence Regulation
- 端到端订单管理： From intake and validation through data extraction and secure handover, ICS manages the operational lifecycle of incoming orders on behalf of the service provider, working with the provider’s qualified legal counsel where a legal assessment is required
- 与现有系统集成： ICS 解决方案与提供商现有的基础设施和数据管理环境集成，在确保合规数据交付的同时，最大限度地减少中断
- 合规咨询: ICS 提供专家咨询服务，帮助服务提供商评估其监管义务、设计合规流程并为审计做好准备
- 托管服务业务： 对于希望将运营负担完全外包的提供商，ICS 可提供全面管理服务--作为值得信赖的外部合作伙伴处理授权通信、数据交付和合规文档
By partnering with a specialist provider like ICS, service providers can reduce the risk of non-compliance, avoid the need to build complex internal capabilities from scratch, and handle cross-border evidence requests correctly now that the Regulation applies.
结论
欧盟电子证据条例》标志着欧洲处理跨境执法访问数字数据的方式发生了重大转变。对于服务提供商而言，该法规引入了具有约束力的义务，规定了严格的期限和对违规行为的重大处罚。.
The Regulation has applied since 18 August 2026. Providers that have not yet designated an addressee or set up order handling should do so now. The technical, legal, and operational requirements are substantial — but they are manageable with the right partner and the right infrastructure in place.
Contact ICS to discuss how we can help your organization meet the requirements of the EU E-Evidence Regulation.
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