e-Evidence Regulation Article 19: Secure digital communication and data exchange between competent authorities and service providers and between competent authorities

1. Written communication between competent authorities and designated establishments or legal representatives under this Regulation, including the exchange of forms provided for in this Regulation and the data requested under a European Production Order or a European Preservation Order, shall be carried out through a secure and reliable decentralised IT system (‘the decentralised IT system’).

2. Each Member State shall ensure that the designated establishments or legal representatives of service providers located in that Member State are provided with access to the decentralised IT system via their respective national IT system.

3. Service providers shall ensure that their designated establishments or legal representatives can use the decentralised IT system via the respective national IT system in order to receive EPOCs and EPOC-PRs, send the requested data to the issuing authority and communicate in any other way with the issuing authority and the enforcing authority, as provided for in this Regulation.

4. Written communication between competent authorities under this Regulation, including the exchange of forms provided for in this Regulation, and of the requested data under the procedure for enforcement as provided for in Article 16, as well as written communication with competent Union agencies or bodies, shall be carried out through the decentralised IT system.

5. Where communication through the decentralised IT system in accordance with paragraph 1 or 4 is not possible due to, for instance, the disruption of the decentralised IT system, the nature of the transmitted material, technical limitations, such as data size, legal constraints relating to the admissibility as evidence of the requested data or to forensic requirements applicable to the requested data, or exceptional circumstances, the transmission shall be carried out by the most appropriate alternative means, taking into account the need to ensure an exchange of information which is swift, secure and reliable, and allows the recipient to establish authenticity.

6. Where a transmission is carried out by alternative means as provided for in paragraph 5, the originator of the transmission shall record the transmission, including, as appropriate, the date and time of transmission, the sender and recipient, the file name and its size, in the decentralised IT system, without undue delay.