The EU’s e-Evidence Regulation introduces a faster system for cross-border access to electronic evidence by enabling direct cooperation with service providers. While increasing efficiency, it raises serious concerns regarding fundamental rights, limited safeguards and reduced oversight. Defence lawyers must proactively scrutinise procedures as the new framework takes effect in August 2026.

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.

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.