The Entry into Application of the e-Evidence Package: Beginning of A New Era for Data in Criminal Investigations?

  • Panel
  • Café
  • Thursday 21.05 — 14:15 - 15:30

Organising Institution

University of Luxembourg

Luxembourg

  • Academic 2
  • Business 2
  • Policy 2
The e-Evidence Package is set to become operational in August 2026, when the Regulation on European Production and Preservation Orders starts applying. Since its adoption, Member States and EU institutions have been required to undertake significant preparations, notably the adaptation of national legal frameworks, the development of secure systems for data exchange between service providers and law enforcement authorities, and the negotiation of the EU–US agreement under the CLOUD Act to address conflicts of legal obligations concerning content data. At national level, these efforts include the introduction of effective sanctions for non-compliance, the provision of effective remedies for individuals concerned, and decisions on whether national rules on access to data should be aligned with the Regulation. This panel will take stock of these developments and assess the readiness for the entry into application of the e-Evidence Package.

Questions to be answered

  1. What is the current state of play in adapting national legislation to the e-Evidence Package, and which solutions have Member States adopted so far?
  2. What technological infrastructure has the European Commission put in place to ensure the secure exchange of data?
  3. How advanced are the negotiations of the EU–US agreement under the CLOUD Act, and how would the e-Evidence Package operate if the agreement were not concluded in time?
  4. Which issues remain unaddressed by the e-Evidence Package and how might they be tackled?

Moderator

Stanislaw Tosza

University of Luxembourg - Luxembourg

Stanislaw Tosza is Full Professor in Compliance and Law Enforcement. He teaches and researches comparative and European criminal law, white-collar crime, compliance law and cyberlaw. He focuses mainly on the interaction between enforcement and new technologies, conducting research on such issues as gathering of electronic evidence for criminal and administrative investigations, the use of AI in enforcement, combatting of illicit speach, protection of children digital safety. His overall research theme is the role of private actors (such as digital platforms) in contributing to enforcement. Before joining the University of Luxembourg, Stanislaw was assistant professor at the Willem Pompe Institute of Criminal Law and Criminology at Utrecht University. As visiting researcher he spent also time at Georgetown University Law Center, D.C. (2019), Berkman Klein Center at Harvard University (2017) and Max Planck Institute for Foreign and International Criminal Law in Freiburg i.B. (2008-2010). He defended cum laude his PhD thesis on criminal liability of managers for excessive risk-taking at Utrecht University and at the University of Luxembourg in 2016. Stanislaw published numerous articles and five books: a monography “Criminal Liability of Managers in Europe. Punishing Excessive Risk White Collar Crime” (Hart 2018), and four collective volumes: “White collar crime. A Comparative Perspective” (Hart 2018), “Combatting illicit trade in tobacco products” (Springer 2022), “Gathering electronic evidence from online services providers in administrative punitive proceedings” (University of Luxembourg 2025) and “The Cambridge Handbook of Digital Evidence in Criminal Investigations” (Cambridge University Press 2025). Since 2019 he has been the Secretary General of the International Association of Penal Law (AIDP).

Speaker

Vanessa Franssen

University of Liège - Belgium

Vanessa Franssen is Professor at the University of Liège and Affiliated Senior Researcher at the Institute of Criminal Law of the KU Leuven. She specializes in cybercrime, EU criminal law, economic & financial criminal law, national & comparative criminal law and criminal procedure. Her recent research focuses mainly on the impact of new technologies (including AI and cryptocurrencies) on criminal law and criminal procedure. She is the co-editor of the Cambridge Handbook on Digital Evidence in Criminal Investigations (Cambridge University Press, 2025).

Speaker

George Zlati

European Criminal Bar Association - Romania

George Zlati is a managing partner at Zlati Ionescu Chiperi Law Firm, with over 13 years' experience in cybercrime cases. He also holds an academic position as associate professor at the Faculty of Law and Social Sciences of '1 Decembrie 1918' University in Alba Iulia, Romania, where he teaches Cybercrime at master's level. He was awarded his PhD in Law for a thesis entitled 'Illegal Access to a Computer System, Computer Fraud and Computer-related Forgery'. His works, including the first Treatise on Cybercrime (Volume 1), published in Romania in 2020, have been cited in several judgments of the High Court of Cassation and Justice. In 2022, George served as a Eurojust expert on the Euromed Justice Programme, contributing to the update of the 'Legal and Gaps Analysis on Cybercrime'. In 2023, he became an associate trainer in Cybercrime for the Romanian National Institute of Magistracy (NIM), and is actively involved in the continuous training programme for appointed judges and prosecutors. He is currently the coordinator of the European Criminal Bar Association (ECBA) working group on Cybercrime, Tech & AI.

Speaker

Riane Harper

Microsoft - United States

Riane Harper is a Senior International Law Enforcement Counsel at Microsoft, based in Brussels, where she works on cross‑border data access, lawful disclosure, and global law enforcement and national security issues. Before joining Microsoft, she served at the U.S. Department of Justice, including as Senior Cyber Counsel to the Deputy Attorney General, and at the U.S. Department of State working on UN negotiations and sanctions policy.