InfBrok100/e-Evidence

The Electronic Evidence Implementation and Enforcement Act (EBewMG), which has yet to be passed, enshrines the e-evidence mechanism in German law.

The term ‘e-evidence’ (short for ‘electronic evidence’) refers to digital data that circulates across national borders and can assist in the investigation of criminal offences – for example, emails, chat messages, IP addresses or mobile phone location data.

Under the European e-Evidence Regulation, investigative authorities from the EU can now submit lawful disclosure requests directly to all providers offering their services within the EU via e-Codex, the secure network between Member States. In return, service providers in the communications and internet sectors must receive and respond to such requests from investigative authorities in other European countries – within clearly and strictly defined time limits.

Under the e-Evidence Regulation, a workflow must be supported that allows the authorities to order service providers to initially merely preserve the data, with a view to producing it at a later date. Furthermore, in most cases where requests are made for traffic and content data, a workflow requiring the national authorities to authorise the storage or production of the data is mandatory.

To ensure efficient operation, providers can use the reference implementation (e-Edes) installed at the North Rhine-Westphalia Ministry of Justice’s data centre via a web interface, or integrate their own system via an API in accordance with ETSI TS 104 144.

Under the e-evidence framework, the following information must be provided:

• Metadata,
• User identification data (IP address and timestamp from OTT log files),
• Traffic data, and
• Stored content data (e.g. mailbox contents, profile pictures, etc.)

All providers of digital services within the EU are subject to this obligation. There is no minimum number of service users.

By August 2026, all providers must register via a central EU portal. For German providers, the Federal Office of Justice will verify compliance following registration.

Dialogika has integrated E-Evidence into its InfBrok100 workflow system for lawful disclosure and interception, thereby enabling users to process E-Evidence requests easily and seamlessly.

InfBrok100 is available as an on-premises installation as well as a managed or fully managed service.