e-Evidence RegulationEU 2023/1543
Digiphile

Recitals

Recital 45


Recital 45

Data Stored on Infrastructure Provided to Privileged Professionals Unofficial title


In cases where data protected by professional privilege under the law of the issuing State are stored or otherwise processed by a service provider as part of an infrastructure provided to professionals covered by professional privilege (‘privileged professional’), in their business capacity, it should only be possible to issue a European Production Order to obtain traffic data, except for data requested for the sole purpose of identifying the user as defined in this Regulation, or to obtain content data where the privileged professional resides in the issuing State, where addressing the privileged professional might be detrimental to the investigation, or where the privileges were waived in accordance with the applicable law.