Brussels, 5 February 2019Currently, U.S. based service providers cooperate with European law enforcement authorities on a voluntary basis and are not always allowed, under U.S. law, to respond directly to European requests for access to electronic evidence. The negotiating mandate proposed by the Commission aims to:Ensure timely access to electronic evidence for law enforcement authorities in the EU and the U.S. by shortening the time period for supplying the requested data to 10 days (currently it takes on average 10 months);Address legal conflicts by setting out definitions and types of data covered, clarifying legal obligations and ensuring reciprocal rights for all parties;Guarantee strong safeguards on data protection, privacy and procedural rights in full respect of fundamental rights and the principles of necessity and proportionality.The Budapest Convention is the centrepiece of international cooperation against cybercrime providing a comprehensive framework for cooperation for over 60 countries. The Second Additional Protocol, once in place, will further strengthen this international cooperation including on obtaining access to electronic evidence, enhancing mutual legal assistance and setting up joint investigations. The Commission is today proposing a mandate to participate in those negotiations on behalf of the European Union and its Members to ensure:Compatibility of the Protocol with current and future EU law, including in the area of cross-border access to electronic evidence;Enhanced international cooperation through more effective mutual legal assistance, including simplified requests, and setting up joint investigations teams;Direct cooperation of law enforcement with service providers in other jurisdictions;Stronger safeguards for the protection of personal data and national practices on cross-border access to data.The issue has since been discussed several times by EU Ministers and in April 2018 the Commission proposed new rules for cross-border access to electronic evidence.