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EU e-Evidence Regulation now applies

EU authorities can now issue European Production and Preservation Orders directly to service providers.

The EU e-Evidence Regulation (EU) 2023/1543 and its accompanying Directive apply from today.

What it means for service providers

  • Member State authorities can issue European Production Orders directly to service providers for subscriber, traffic and content data, and Preservation Orders to secure it.
  • Providers must respond within 10 days, or 8 hours in emergencies.
  • Non-EU providers offering services in the EU must designate an establishment or legal representative in the EU.
  • Orders are exchanged through a secure decentralised IT system.

UK providers with EU customers should check whether they need a legal representative, and make sure they have secure procedures for authenticating and handling orders.

Source: Regulation (EU) 2023/1543 – e-Evidence Regulation (EUR-Lex)

This update is general information, not legal advice. If you would like help assessing the impact on your information security or privacy programme, contact us.

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