Digital Services Act and Access to Information Held by Service Providers | Eurojust

The Digital Services Act (DSA) is a European Union (EU) law that brings updated and harmonised rules for providers of digital services. As regards access to electronic evidence, especially in a cross-border context, the DSA importantly harmonises rules on disclosure orders addressed by authorities directly to digital service providers, including the obligation to notify the user, sets out new communication channels and introduces specific data retention obligations.

This document analyses the legal framework established by the DSA, focusing on the provisions relevant for cross-border access to electronic evidence. It aims to raise awareness of the EU Member States’ authorities on the toolbox put in place by the DSA and assist them in the process of accessing information held by service providers, in particular in criminal investigations and proceedings.

The document was prepared within the framework of the SIRIUS Project. The SIRIUS Project has received funding from the European Commission’s Service for Foreign Policy Instruments under Contribution Agreement No PI/2020/417-500.