Digital evidence and criminal investigations: the challenges of the new European framework
Ana Rita Duarte de Campos contributed to an Advocatus feature on the new European framework for obtaining digital evidence, examining the impact of the new rules on criminal investigations and the challenges associated with protecting fundamental rights.
In the feature, entitled “Digital evidence just a click away: what changes under the new European framework”, Abreu Advogados’ Criminal Law specialist discusses the implications of the new European judicial cooperation framework, which enables authorities to access electronic evidence stored by service providers in other European Union Member States more quickly.
The lawyer particularly highlights the increased obligations imposed on digital service providers and the new sanctions regime: “To ensure the effectiveness of this new system for the production and preservation of electronic evidence, a sanctions framework has been adopted which, in the most serious cases, may result in fines of up to €5,000,000.”
Ana Rita Duarte de Campos considers that these changes could be particularly relevant to investigations involving cybercrime, economic and financial crime, drug trafficking and human trafficking, where international cooperation often plays a decisive role.
