Compendium of possible fundamental rights infringements caused by the e-Evidence proposal

EMMA and ENPA have worked with 12 other associations to produce a compendium of examples of how the e-Evidence regulation proposal currently being discussed in trilogues represents a threat to fundamental rights. In particular, the lack of involvement of judicial authorities in the receiving Member States in case of cross-border criminal investigation deprives journalists of the necessary procedural safeguards regarding the confidentiality of their communications. As such, the proposal puts freedom of expression at risk and could have a chilling effect on the press.

The fundamental rights concerned or potentially affected range from media and press freedom and the protection of editorial secrecy, journalists and journalistic sources, to the protection of health data and the right to protest and to have a free trial. The paper also includes joint recommendations to solve the shortcomings highlighted in the different scenarios.

The signatories call for the European institutions and in particular the Member States to take this list of examples into consideration in the trilogue negotiations and to ensure that all the necessary safeguards are in place for media and press freedom.


The European Magazine Media Association, is the unique and complete representation of Europe’s magazine media, which is today enjoyed by millions of consumers on various platforms, encompassing both paper and digital formats.

The European Newspaper Publishers’ Association (ENPA) is the largest representative body of newspaper publishers across Europe. ENPA advocates for 14 national associations across 14 European countries, and is a principal interlocutor to the EU institutions and a key driver of media policy debates in the European Union.