SIRIUS III: Cross-border Access to Electronic Evidence

Context

Nowadays, the overwhelming majority of criminal investigations rely on electronic evidence, which is often stored by private companies operating in various jurisdictions. In fact, more than half of all investigations involve cross-border requests to access electronic evidence held by Service Providers (SPs). This evidence can range from the content of text messages, emails, and messaging apps to subscriber and location data identifying users of specific services.

The operational landscape is fragmented. In 2023, the EU adopted the new Electronic Evidence legislative package, which introduces key tools such as the European Production and Preservation Orders to improve judicial cooperation. 

Other relevant developments for cross-border data requests include the implementation of the Digital Services Act (DSA) at the EU level and progress on the Second Additional Protocol to the Budapest Convention, the United Nations Convention against Cybercrime and the Cloud Act agreements at the global level. 

In a fast-evolving digital landscape, investigators and prosecutors increasingly face challenges posed by the complex and slow processes, volume of electronic data, inconsistent cooperation from service providers, encryption and decentralised technologies. To fully benefit from existing and upcoming legal frameworks for cross-border access to electronic evidence, authorities must enhance both their legal expertise and technical capacities.

As a central reference point in the EU for knowledge sharing on cross-border access to electronic evidence, SIRIUS supports this effort by helping partner countries’ authorities stay informed, improve cooperation with service providers, and prepare for the implementation of new cross-border e-evidence instruments.

Overall objective

This project aims to improve access to electronic evidence held by foreign service providers during criminal investigations and proceedings, by responding to the needs of law enforcement and judicial authorities.

Specific objectives

• To facilitate timely and efficient cross-border access to electronic evidence for law enforcement and judicial authorities.
• To provide training, tools, and a secure platform for sharing knowledge and best practices.
• To strengthen cooperation with EU and international partners in criminal investigations and proceedings.

Concrete activities

• Delivery of knowledge dissemination sessions to judicial authorities from Denmark, Sweden, and Italy (hybrid format), to strengthen understanding of e-evidence legal frameworks and cross-border cooperation.
• Participation in strategic institutional meetings and briefings, including meetings with Service Providers and CyberSPEX project, and SIRIUS awareness-raising sessions for Egyptian and Central Asian authorities.
• Contribution to EU policy fora and coordination platforms, including CT JUST presence at COTER/TWP in Brussels, and organisation of the SIRIUS Annual Advisory Board meeting in The Hague.
• Engagement with Western Balkan authorities during the WBCJ project event in Warsaw, focusing on crypto assets and e-evidence.
• Training on cross-border e-evidence exchange, through a dedicated course held in Budapest for criminal justice practitioners.
• SIRIUS Single Point of Contact (SPoC) Network Annual Meeting in Warsaw in June 2025.
• Publication of 3 facstheets on Requesting Mutual Legal Assistance in Criminal Matters from Ireland and Canada as well as on the United Nations Convention against Cybercrime.
• Publication of 2 SIRIUS quarterly newsletters. 

Results

• Enhanced efficiency and effectiveness of cross-border electronic evidence requests among law enforcement and judicial authorities.
• Strengthened cooperation and trust between EU Member States and third countries in accessing electronic evidence.
• Increased standardisation and harmonisation of procedures and best practices for cross-border data requests.
• Improved accessibility to otherwise hard-to-reach or smaller service providers.
• Broader international collaboration and integration of judicial and law enforcement efforts beyond the EU, expanding the project's global impact.

Achievements

• Actively supported 64 live investigations.
• Created a SPoC Network to support cross-border investigations, comprising 36 law enforcement agencies from 25 countries.
• Built a community of over 8 000 members.
• Trained over 2 300 members of judicial authorities and law enforcement.
• Created 82 Service Provider (SP)-specific guidelines.
• Published 7 annual SIRIUS EU Electronic Evidence Situation Reports.
• Published 55 Country Fiches, 5 MLA guidelines, 39 Legal and Policy Reviews/ Factsheets and 7 Annual Reports on topics of interest to cross-border access to electronic evidence.
• Organised 7 SIRIUS Annual Conferences. 

*Partner countries for phase III still TBD. Previous phases included listed countries.