Recital 47

Immunities and privileges, which may refer to categories of persons, such as diplomats, or specifically protected relationships, such as lawyer-client privilege or the right of journalists not to disclose their sources of information, are referred to in other mutual recognition instruments such as in Directive 2014/41/EU establishing the EIO. The range and impact of immunities and privileges differ according to the applicable national law that should be taken into account at the time of issuing a European Production Order or a European Preservation Order, as the issuing authority should only be able to issue the order if it could have been issued under the same conditions in a similar domestic case. There is no common definition of what constitutes an immunity or privilege in Union law. The precise definition of those terms is therefore left to national law, and the definition can include protections which apply to, for instance, medical and legal professions, including when specialised platforms are used in those professions. The precise definition of immunities and privileges can also include rules on determination and limitation of criminal liability relating to freedom of the press and freedom of expression in other media.