Las órdenes europeas de producción y de conservación de prueba electrónica transfronteriza en los procesos penales en la Unión Europea

The European Production Orders and European Preservation Orders for cross-border electronic evidence in criminal proceedings inaugurate a new model of direct public-private cooperation between the judicial authorities of the issuing State and the providers of electronic communications and information society services in the European Union, which requires a high degree of mutual trust between the Member States. The new orders respond to the pressing need in the European Area of Freedom, Security and Justice to create a streamlined and simplified system for the cross-border gathering and preservation of electronic evidence. The “e-evidence package”, which is the result of a slow and complex legislative procedure, has a major impact on service providers, who will have to designate establishments and legal representatives for the reception and execution of orders, which take on a major role in the new cooperation model that has been created.