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Bundestag Approves EU E‑Evidence Implementation Allowing Direct Cross‑Border Data Requests

Civil liberties groups warn the scheme bypasses prior judicial control, weakening notice and redress.

Overview

  • The CDU/CSUSPD coalition passed the Elektronische‑Beweismittel‑Umsetzungs‑ und‑Durchführungsgesetz after late changes and a resolution aimed at improving communication with service providers.
  • Authorized authorities will be able to seek content, connection and location data directly from providers in other EU states, including companies such as Google, Meta and Microsoft.
  • Mandatory court review of cross‑border production and preservation orders is not required, leaving prosecutors to decide whether to raise objections or apply restrictions.
  • The Greens, the Left and the AfD voted against the bill as bar associations and rights advocates warned of delayed notification, weakened remedies and risks to protected professional communications.
  • The Bundesrat called on the federal government to pursue EU‑level permission to use digital traces for crime prevention, signaling further policy debates to come.