e-Evidence RegulationEU 2023/1543
Digiphile

Recitals

Recital 51


Recital 51

Notification to the Enforcing Authority and Strong Links Exception Unofficial title


In view of the more sensitive nature of 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, it is appropriate to provide for a notification mechanism applicable to European Production Orders to obtain those data categories. That notification mechanism should involve an enforcing authority and consist in the transmission of the EPOC to that authority at the same time as the EPOC is transmitted to the addressee. However, where a European Production Order is issued to obtain electronic evidence in criminal proceedings with substantial and strong links to the issuing State, no notification to the enforcing authority should be required. Such links should be assumed where, at the time of issuing the European Production Order, the issuing authority has reasonable grounds to believe that the offence has been committed, is being committed or is likely to be committed in the issuing State, and where the person whose data are requested resides in the issuing State.