European Commission Recommends Negotiating Treaty with U.S. on Access to Electronic Evidence

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Saturday, February 23, 2019
Michael Plachta

On February 5, 2019, the European Commission published its recommendations for the Council to engage in two international negotiations on cross-border rules to obtain electronic evidence. Following up on the European Council Conclusions from October 2018, the Commission presented two negotiating mandates, one for negotiations with the United States and one on the Second Additional Protocol to the Council of Europe “Budapest” Convention on Cybercrime. Both mandates, which need to be approved by the Council of the European Union, include specific safeguards on data protection, privacy, and procedural rights of individuals.