SIRIUS III: Cross-border Access to Electronic Evidence

Context

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 EU and non-EU 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

• Development and maintenance of  a comprehensive knowledge hub on cross-border access to electronic evidence, including annual Electronic Evidence Situation Reports, service provider guidelines and directories, legal factsheets, country fiches, EPOC/EPOC-PR guidance, conflict-of-law materials, and a structured repository of resources.
• Design and improvement of tools to support investigations, including the SIRIUS mobile application, a dedicated tools repository, innovation initiatives such as Codefests, and a placement programme to enhance practical expertise.
• Delivery of face-to-face and online trainings for law enforcement and judicial authorities, including webinars on MLA procedures, self-paced e-learning courses, and targeted awareness sessions on cross-border electronic evidence instruments.
• Development of the restricted SIRIUS practitioner platform on the Europol Platform for Experts (EPE).
• Dissemination and visibility activities such as the organisation of the SIRIUS Annual Conference, quarterly electronic evidence newsletter, and structured stakeholder engagement with law enforcement, judicial authorities, and service providers.
• Provision of expert knowledge support to law enforcement in high-impact investigations and non-operational assistance to Eurojust-supported cases.

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 ^[1]

• Actively supported 105 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.
• Made 53 investigative tools available on the SIRIUS platform.
• Trained over 2 300 members of judicial authorities and law enforcement.
• Created 80 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. 

^{[1] While SIRIUS III has recently started, the achievements section also includes outputs from previous iterations of the project.}