e-Evidence Regulation Article 18: Effective remedies

1. Without prejudice to further legal remedies available in accordance with national law, any person whose data were requested via a European Production Order shall have the right to effective remedies against that order. Where that person is a suspect or an accused person, such person shall have the right to effective remedies during the criminal proceedings in which the data were being used. The right to effective remedies referred to in this paragraph shall be without prejudice to the right to seek remedies under Regulation (EU) 2016/679 and Directive (EU) 2016/680.

2. The right to effective remedies shall be exercised before a court in the issuing State in accordance with its national law and shall 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.

3. For the purposes of Article 13(1), information shall be provided in due time about the possibilities under national law for seeking remedies and it shall be ensured that they can be exercised effectively.

4. The same time limits or other conditions for seeking remedies in similar domestic cases shall apply for the purposes of this Regulation and in a way that guarantees that the persons concerned can exercise their right to those remedies effectively.

5. Without prejudice to national procedural rules, the issuing State and any other Member State to which electronic evidence has been transmitted under this Regulation shall ensure that the rights of defence and fairness of the proceedings are respected when assessing evidence obtained through the European Production Order.