e-Evidence RegulationEU 2023/1543
Digiphile

Recitals

Recital 79


Recital 79

Preservation of Data during Review of Conflicting Obligations Unofficial title


The conditions set out in this Regulation for the execution of an EPOC should also be applicable in the event of conflicting obligations deriving from the law of a third country. Therefore, during the judicial review, where compliance with a European Production Order would prevent service providers from complying with a legal obligation deriving from the law of a third country, the data requested by that order should be preserved. Where, following the judicial review, the competent court decides to lift a European Production Order, it should be possible to issue a European Preservation Order to allow the issuing authority to seek production of the data through other channels, such as mutual legal assistance.