e-Evidence Regulation Article 13: User information and confidentiality

1. The issuing authority shall, without undue delay, inform the person whose data are being requested about the production of data on the basis of a European Production Order.

2. The issuing authority may, in accordance with the national law of the issuing State, delay or restrict informing, or omit to inform, the person whose data are being requested, to the extent that, and for as long as, the conditions in Article 13(3) of Directive (EU) 2016/680 are met, in which case the issuing authority shall indicate in the case file the reasons for the delay, restriction or omission. A short justification shall also be added in the EPOC.

3. When informing the person whose data are being requested as referred to in paragraph 1 of this Article, the issuing authority shall include information about available remedies pursuant to Article 18.

4. The addressees and, if different, the service providers shall take the necessary state-of-the-art operational and technical measures to ensure the confidentiality, secrecy and integrity of the EPOC or the EPOC-PR and of the data produced or preserved.