Book contents
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- Copyright page
- Contents
- Tables
- Contributors
- Foreword
- Introduction
- Part I Collecting Digital Evidence
- Part II Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
- 9 Digital Evidence in Criminal Matters
- 10 Digital Evidence in Estonia
- 11 Digital Evidence and the Cooperation of Service Providers in Germany
- 12 Accessing Digital Evidence in Criminal Matters
- 13 Digital Evidence and the Cooperation of Service Providers in Luxembourg
- 14 Gathering of Digital Evidence and Cooperation of Service Providers in Poland
- 15 Access to Retained Data and Cooperation of Service Providers in Criminal Investigations in Spain
- 16 A Comparative Analysis of National Law and Practices
- Part III Collecting Digital Evidence and the Role of Service Providers
- Conclusion
16 - A Comparative Analysis of National Law and Practices
Unravelling Differences in View of EU-Wide Solutions
from Part II - Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
Published online by Cambridge University Press: 02 January 2025
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- Copyright page
- Contents
- Tables
- Contributors
- Foreword
- Introduction
- Part I Collecting Digital Evidence
- Part II Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
- 9 Digital Evidence in Criminal Matters
- 10 Digital Evidence in Estonia
- 11 Digital Evidence and the Cooperation of Service Providers in Germany
- 12 Accessing Digital Evidence in Criminal Matters
- 13 Digital Evidence and the Cooperation of Service Providers in Luxembourg
- 14 Gathering of Digital Evidence and Cooperation of Service Providers in Poland
- 15 Access to Retained Data and Cooperation of Service Providers in Criminal Investigations in Spain
- 16 A Comparative Analysis of National Law and Practices
- Part III Collecting Digital Evidence and the Role of Service Providers
- Conclusion
Summary
Chapter 16 comparatively examines the national legislation in EU member states in order to reveal common patterns and differences in legal rules and their practical application with respect to gathering digital evidence for the purpose of criminal investigations. The study is essentially based on the information provided in the preceding book chapters, covering seven national legal systems selected for this research: Belgium, Estonia, Germany, Ireland, Luxembourg, Poland and Spain. The comparative analysis investigates not only the rules on access to digital evidence but also their broader legislative context. Indeed, before analysing how data can be obtained, it is important to understand the legal terminology and categorisations used in the different legal systems, as well as the national rules on data retention in light of the case law of the Court of Justice of the EU.
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- Publisher: Cambridge University PressPrint publication year: 2025