CJEU Issues Judgment on Legal Framework for Lawful Interception Obligations and Costs Incurred by Electronic Communications Providers
First of all, were you aware that in some European countries, service providers are compensated/ reimbursed by the regulatory authority and/or government, itself, when law enforcement engages in lawful intercept activities that impose burdens on the service provider?
This is, in fact, true! But the rules of the road governing “whether” and “how much” reimbursement is made are likely to change following a recent ruling.
On March 16, 2023, the Court of Justice of the European Union (CJEU) issued a judgment on the legal framework governing costs incurred by electronic communications providers when assisting law enforcement authorities with the lawful interception of communications. The CJEU ruled that EU law does not require full reimbursement of the costs incurred by providers of electronic communications services when enabling legal interception, leaving it to the discretion of individual Member States, provided that the legislation is non-discriminatory, proportionate, and transparent. Lawful intercept developments are ongoing and being monitored. You can follow the development by subscribing to Access Partnership’s Access Alerts.
Providers of telecom services in the EU are advised to review the Access Alert by Access Partnership, linked below:
ADVISORY: New Judgment from the Court of Justice of the European Union on Lawful Interception Obligations
About Access Partnership
Access Partnership is the world’s preeminent tech advisory. Headquartered in London, the company has helped leading tech firms navigate complex regulatory challenges and expand into new markets since 1999. Access Partnership is part of The CommLaw Group’s trusted referral network of global professional service firms. Together with our firm, Access Partnership offers companies the ability to enable and optimize their market access and ongoing compliance obligations across the globe.
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