Recital 80

It is essential that all persons whose data are requested in criminal investigations or proceedings have access to an effective legal remedy, in line with Article 47 of the Charter. In line with that requirement and without prejudice to further legal remedies available in accordance with national law, any person whose data were requested via a European Production Order should have the right to effective remedies against that order. Where that person is a suspect or an accused person, such person should have the right to effective remedies during the criminal proceedings in which the data are being used as evidence. The right to effective remedies should be exercised before a court in the issuing State in accordance with its national law and should include the possibility of challenging the legality of the measure, including its necessity and proportionality, without prejudice to the guarantees of fundamental rights in the enforcing State, or other additional remedies in accordance with national law. This Regulation should not limit the possible grounds for challenging the legality of an order. The right to effective remedies provided for in this Regulation should be without prejudice to the right to seek remedies under Regulation (EU) 2016/679 and Directive (EU) 2016/680. Information should be provided in due time about the possibilities under national law for seeking remedies and it should be ensured that they can be exercised effectively.