Article 38 – Use of electronic means of communication

Article 38 – Use of electronic means of communication

1) Member States shall ensure that victims of crime may exercise their rights provided for in Article 3a 11, Article 4(1), Article 5(1), Article 5a 14, Article 6(1), (2), (3) (4), (4) (5) and (6) and Article 10b 20 using electronic means of communication.

2) Victims of crime shall not be prevented from accessing or otherwise using national systems offering the electronic means of communication referred to in paragraph 1 on the basis that they are residents of another Member State.

3) Where national systems offering electronic means of communication require the use of electronic identification, signatures and seals, Member States shall allow the use of notified electronic identification schemes, qualified electronic signatures, and qualified electronic seals of any other Member States as provided for in Regulation (EU) No 910/2014 of the European Parliament and of the Council.[1]


[1] Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).

COMMENTARY – Article 38

The European Commission included a new article, 26b, on the use of electronic communication in their proposal. This article reflects technological developments since the adoption of the Directive in 2012; research shows that many more EU victims of crime use digital and technological devices during their every day lives. However, digital tools that could improve victims’ access to justice, such as online reporting mechanisms or an online portal offering access to victims’ files, are not available in many Member States. VSE is supportive of this proposal.