The issues at hand are:
- The Parliament rejecting the proposal to have both a Regulation and Directive on e-evidence, and instead aiming for one Regulation;
- Introducing a requirement for service providers to appoint a legal representative for receiving law enforcement requests only if they do not have a presence in the EU at all (the Council wants all digital service providers to appoint such a representative);
- The Parliament wants to make it possible for service providers to be reimbursed (by the state) for the costs of complying with an order;
- Differences in the proposed data categories covered by requests for e-evidence;
- The Parliament proposes not excluding financial services from the scope of the rules, and differs from the Council in the way it defines a number of terms;
- The Parliament calls for the establishment of a “common European (digital) exchange system” for handling and transmitting requests and responses.
See: NOTE from: Presidency to: Delegations: E-evidence: internal rules – examination of the EP’s position – Presidency note (13525/20, 8 January 2021, pdf)