Recital 59

The addressee should not be obliged to comply with the European Production Order or with the European Preservation Order in the event of a de facto impossibility due to circumstances not attributable to the addressee or, if different, the service provider at the time when the European Production Order or the European Preservation Order was received. A de facto impossibility should be assumed if the person whose data were requested is not a customer of the service provider or cannot be identified as such even after a request for further information to the issuing authority, or if the data have been lawfully deleted before the order concerned was received.