e-Evidence RegulationEU 2023/1543
Digiphile

Recitals

Recital 56


Recital 56

Time Limits for Executing an EPOC Unofficial title


Where an EPOC has been issued and a notification to the enforcing authority is not required under this Regulation, the addressee should ensure, upon receipt of the EPOC, that the requested data are transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC at the latest within 10 days following receipt of the EPOC. Where a notification to the enforcing authority is required pursuant to this Regulation, upon receipt of the EPOC, the service provider should act expeditiously to preserve the data. Where the enforcing authority has not raised any grounds for refusal pursuant to this Regulation within 10 days following receipt of the EPOC, the addressee should ensure that the requested data are transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC at the end of that 10-day period. Where the enforcing authority, already before the end of the 10-day period, confirms to the issuing authority and the addressee that it will not raise any grounds for refusal, the addressee should act as soon as possible upon such confirmation and at the latest at the end of that 10-day period. The shorter time limits applicable in emergency cases as defined in this Regulation should be respected by the addressee, and, where applicable, the enforcing authority. The addressee, and, where applicable, the enforcing authority, should execute the EPOC as soon as possible and at the latest within the deadlines set out in this Regulation, taking as full account as possible of the procedural deadlines and other deadlines indicated by the issuing State.