Ref. Ares(2019)4087240 - 27/06/2019
Meeting on e-evidence framework principles between CAB Avramopoulos and Microsoft, Le Berlaymont, 30
Participants: Giorgos Rossides – CAB Avramopoulos,
– DG HOME D.4
COM (CAB Avramopoulos) shortly explained the state of the play of the process to Microsoft
Agrees, that the EU is in a best position to address the issues at stake. Supports the work in general
Microsoft has concerns about extraterritorial actions by the Member States. It wants a system that
can work. A common EU position is desired.
Another concern is lawful access to data that would give disincentives to businesses using cloud
computing. The digital economy aspect should also be highlighted in the process. There are
governments and international organisations that would like to move their data to the cloud, and the
main concern is that they don't know who gets access to it
Microsoft strongly supports the SPOCs established in Member States. Each country should have one
Production requests should be addressed directly to data controllers. It is an issue of clarity
Also the territorial aspect should be taken into account – Microsoft does not want new conflicts of
law, in particular with the US
COM explained that these issues will be taken under prominent consideration. COM explained that the project
is focused mainly on the following questions:
How does the EIO work as regards electronic evidence
How could it be stepped up
The international aspect
Cooperation with the private sector
Microsoft explained the US legal proposal in relation to electronic evidence and the current state of the play of
the Microsoft Ireland case. They are expecting to know by the fall whether the Supreme Court is going to take
the case. However, Microsoft does not see the outcome of the case as a solution even if the court would rule
for the government. A legislative solution is needed.
COM advised Microsoft to continue the constructive cooperation with COM and advised them to stay in
contact also with CABs Jourova and King as well as the Parliament.
Microsoft concluded that they would like to have a clean legislative solution that would be beneficial for both
the Member States and private entities.