“If not now, when? And if not us, who?”
Since 18 August 2026, the requirements of the E-Evidence Regulation have applied. This raises a simple but central question for companies: does my service actually fall within the scope of the E-Evidence Regulation?
The concept of a “service provider” is broadly defined. It covers not only traditional providers of electronic communications services, but also providers of internet domain name and IP numbering services, such as IP address assignment or domain name registration. This also includes domain name-related privacy and proxy services. Financial services (including banking, credit, insurance, and securities) are expressly excluded.
Other information society services may likewise fall under the Regulation. This applies in particular where they enable their users to communicate with one another, or where they store or otherwise process data on behalf of their users and this storage constitutes a defining component of the service provided. Depending on how they are structured, this can therefore include communication, hosting, cloud, or platform services.
A further precondition is that the services are offered in the Union (with the exception of Denmark). This requires that persons in a Member State have the possibility of availing themselves of the service, and that there is a substantial connection to that Member State. Such a connection may be established, in particular, through an establishment, a significant number of users, or the targeting of activities towards one or more Member States.
Whether a company is affected therefore depends neither solely on its sector, size, nor place of establishment. What matters is the specific design of the service offered and its connection to the European Union. Precisely because of this broad scope, it is worth taking a close look at your own digital offerings.
Our Applicability Check offers an initial, non-binding assessment in four simple steps - without disclosing any company-related data.
Feel free to contact us for a non-binding initial consultation to discuss your situation and individual interests with us directly.