EU's E-Evidence Regulation Takes Effect, Crypto Exchanges Not Automatically Bound

The European Union's E-Evidence Regulation, which takes effect on August 18, 2026, has been misunderstood by some in the crypto community. The regulation allows public prosecutors to directly approach service providers in other member states for electronic evidence in criminal proceedings.

However, Article 2 of the regulation contains a sector exemption that excludes financial services from its scope. This means that crypto exchanges are not automatically subject to the new rules.

The regulation does have some implications for regulated crypto exchanges. They must name at least one addressable point in the EU on which orders can be served by August 18, 2026. If they fail to do so, they risk facing fines.

For providers that fall within the scope of the regulation, the type of data requested determines the level of complexity involved. Subscriber data, such as name and address, can be requested for any criminal offense, while traffic and content data require a more serious offense to be punishable by a custodial sentence of at least three years.