Fiches Belges

Yes. Preservation of data stored, processed or transferred by an automated data processing and communication system that are likely to be lost or modified. Data retention for a maximum period of 90 days. As for the production of electronic evidence, see tracing of telecommunications and other forms of electronic communications (A.52).

Art. 3 and 10 (2) Directive 2014/41/EU (implemented by the Law of 1st August 2018) – 2001 Budapest Convention on Cybercrime (ratified by the Law of 18 July 2014).

The prosecutor or the investigating judge, under the conditions set forth by articles 48-25 of the Code of Criminal Procedure.

EIO written or translated into French, German or English / Translation of the letters rogatory and attached documents into French or German; English commonly accepted.

As a general rule, decision on the recognition or execution of the EIO within 30 days of receipts.

Under the EIO Directive : Luxembourg authorities comply with the formalities and procedures expressly indicated by the issuing authority unless such formalities and procedures are not contrary to the fundamental principles of Luxembourg Law. Besides the grounds of non-recognition/execution provided under art. 11 Directive 2014/41/EU, recognition and execution might be refused where the measure would be contrary to the fundamental principles of Luxemburg Law. Under MLA instruments: See see tracing of telecommunications and other forms of electronic communications (A.52)