National legislation on electronic evidence adjusted to international standards

Chișinău, October 29, 2026 – The legislation of the Republic of Moldova on cooperation in the field of electronic evidence has been aligned with international standards. A draft law providing for the necessary amendments was adopted in the second reading.

The draft law, prepared by the Ministry of Internal Affairs, introduces legislative amendments aimed at reducing the time required by authorities to obtain electronic evidence held by service providers in other states. The measures are aligned with the provisions of the Second Additional Protocol to the Convention on Cybercrime (Budapest Convention), ratified by the Parliament of the Republic of Moldova at its sitting on August 24.

Cooperation will take place through two round-the-clock contact points operating within the Ministry of Internal Affairs and the General Prosecutor’s Office.

The contact point within the Ministry of Internal Affairs will ensure international police cooperation, including the provision of technical assistance, the immediate preservation of computer data, and support in locating wanted persons. The contact point within the General Prosecutor’s Office has exclusive responsibilities under the emergency mechanism: it transmits, receives, and coordinates requests for the expedited disclosure of stored computer data and verifies whether they meet the legal requirements before forwarding them to the prosecutor.

Rapid intervention mechanisms may be applied only in emergency situations, which the draft law explicitly defines as a significant and imminent risk to a person’s life or safety. Only in such situations will service providers be required to disclose the requested data within no more than 96 hours of receiving the request. Requests for letters rogatory or international legal assistance will also be examined and executed as a matter of priority, within the same maximum period of 96 hours.

The general rule on the transmission of data and the provision of international legal assistance remains unchanged. Computer data may be transmitted only after an official request for legal assistance has been accepted, through the competent central authorities — the General Prosecutor’s Office for requests made during the criminal investigation stage and the Ministry of Justice for those made during the trial and sentence enforcement stages.

The Protocol was adopted in Strasbourg in 2022 and has been signed by approximately 50 states, which are at various stages of the ratification process. The European Commission recommends ratifying the Protocol, considering it an important step in advancing the Republic of Moldova’s path toward joining the European Union.

The law will enter into force on January 1, 2027, simultaneously with the entry into force of the ratified Protocol.