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Digital Evidence Cannot Stand Above National Law: EncroChat, SkyECC and ANOM Before European Courts
Seven Joint Defense Team lawyers on EncroChat, SkyECC and ANOM: why mutual trust cannot replace judicial review of cross-border digital evidence in Europe.

Joint Defense Team
Aug 316 min read
The State Secret That Never Was
Investigations in the Czech Republic, followed by analyses from Duncan Campbell and Bill Goodwin, indicate that the EncroChat devices were accessed through a publicly known Android vulnerability and the open source tool Frida. This raises the question of what, if anything, was ever covered by French military state secrecy.

Justus Reisinger
Aug 172 min read


SkyECC, EncroChat & ANOM: The Global Legal Reckoning
A cross-jurisdictional analysis of the rapidly evolving case law on SkyECC, EncroChat and ANOM evidence. Courts across Europe and beyond are increasingly scrutinising mass interception, evidentiary integrity and fair trial guarantees. With key proceedings pending before the ECtHR and CJEU, the legal foundations of encrypted evidence are facing a decisive global reckoning.

Joint Defense Team
Jun 57 min read


SkyECC Before the ECtHR: Norway Cases Expand the European Challenge to Encrypted Evidence
The ECtHR has communicated new SkyECC cases from Norway, raising fundamental questions on fair trial rights under Article 6 ECHR. Together with Silgir v Germany (EncroChat) and ongoing ANOM proceedings, the Court is shaping a European framework for the use of encrypted communication evidence in cross-border criminal cases.

Joint Defense Team
May 265 min read


Dutch Supreme Court rules in favor of the rule of (EU) law
Analysing the Dutch Supreme Court ruling on EU law primacy. Critical implications for EncroChat, SkyECC, and ANOM cases regarding the admissibility of evidence.

Joint Defense Team
Apr 162 min read


SkyECC and EncroChat: Italian Court Developments Strengthening Defence Challenges to Digital Evidence
In recent days, numerous press reports have appeared concerning decisions by Italian judges declaring EncroChat and SkyECC evidence inadmissible.

Daniele Fiorino
Feb 42 min read


EncroChat and SkyECC: Why European Courts are Questioning the Reliability of Digital Evidence
In recent weeks, the legal landscape regarding the reliability of digital evidence has faced intense scrutiny. As landmark rulings emerge across Europe, the "blind trust" in encrypted data is being replaced by fundamental principles of a fair trial.

Joint Defense Team
Jan 313 min read


French Cour de Cassation Confirms Mandatory Notification for Transnational Data Capture in EU Investigations
France's highest court affirms that collecting digital evidence across EU borders requires Article 31 notification (Directive 2014/41/EU), impacting major transnational criminal cases.

Guillaume Martine
Nov 20, 20254 min read


Update 2025: EncroChat and SkyECC Legal Developments Across Europe
EncroChat and SkyECC legal defence update 2025 – Joint Defense Team

Joint Defense Team
Oct 30, 20253 min read


Cour de cassation: the absence of a right of appeal in France does not pose a constitutional problem - Implications for SkyECC and EncroChat cases
On 3 June 2025, the Cour de cassation refused to refer to the Conseil constitutionnel a question on the constitutionality of French law which, as currently drafted, denies the possibility of an effective remedy to persons prosecuted in criminal proceedings abroad, but on the basis of SkyECC evidence gathered in French proceedings.

Guillaume Martine
Jun 12, 20255 min read


The new contours of complicity in the light of the SkyECC and EncroChat cases
Growing risks for operators of encrypted messaging systems using the example of SkyECC and EncroChat

Guillaume Martine
Mar 26, 20256 min read


Reasons for the Berlin court's decision regarding EncroChat: significance for other criminal cases
In December, we reported on the decision of the Berlin court regarding EncroChat after the preliminary questions were answered by the...

Joint Defense Team
Mar 7, 20253 min read


Justus Reisinger's presentation on the (European) legal challenges of EncroChat and SkyECC at LEAP 2025
Our co-founder Justus Reisinger gave a rousing presentation on the legal challenges associated with EncroChat and SkyECC.

Joint Defense Team
Feb 27, 202518 min read


Acquittal in EncroChat-case: (in)admissibility of the data
The Berlin Regional Court acquitted the defendant in EncroChat case

Joint Defense Team
Dec 20, 20242 min read


Acquittal for EncroChat-Resellers: Reflections on the Rotterdam Court Decisions
Acquittal for EncroChat-Resellers: Reflections on the Rotterdam Court Decisions

Justus Reisinger
Nov 14, 20242 min read


EncroChat at the European Court of Human Rights (ECtHR) - Decision Deferred, Opportunity Missed?!
EncroChat at the European Court of Human Rights (ECtHR) - Decision Deferred, Opportunity Missed?!

Christian Lödden, LL.M.
Oct 17, 20242 min read


ECJ Judgment on EncroChat (C‑670/22) - The Analysis
A legal interpretation of the key points of the ECJ judgment on EncroChat based on our initial analysis.

Christian Lödden, LL.M.
May 1, 20243 min read


Hacked Cryptocommunication: No Room for Passivity
The legality of hacked cryptocommunication, such as data from EncroChat and Sky ECC, remains a pivotal issue in legal debates. In their...

Justus Reisinger
Jun 7, 20221 min read
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