The European Commission is launching an investigation into the possible consequences of the data retention obligation for metadata by providers.
The European Commission wants to launch an initiative in 2026 that could introduce rules for retaining certain communication data, such as metadata, for criminal justice purposes.
Uniform Regulations
The results of the investigation will determine whether the body can submit a proposal for a new law or directive. Data is already being retained by some providers, but which data and for how long differs from member state to member state. Since the abolition of the Data Retention Directive in 2014, member states have been applying different national legislations. Some countries, such as Germany and the Netherlands, no longer have a retention obligation. These different regulations make it difficult for providers.
The directive would mainly have an impact on social and economic levels. Citizens could be better protected against crime both online and offline. Additionally, it would provide providers operating in multiple countries with uniform regulations. This would result in lower costs for providers, but at the same time lead to extra costs in member states without retention obligations.
Before the Commission can submit the directive, it must first consult enough stakeholders (governments, police, justice system, providers, …) and create a summary report. Europe plans to improve its position in various areas. Recently, however, the European Chips Act received a devastating report. It showed that our position would not improve at all because the objectives could not be achieved.