e-Evidence Directive Article 5: Penalties
Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to Articles 3 and 4 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by 18 February 2026, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them. Member States shall also inform the Commission on an annual basis about non-compliant service providers, relevant enforcement action taken against them and the penalties imposed.
The e-Evidence package is two instruments and the representative duty is in this one, the Directive. Regulation (EU) 2023/1543, published beside it, is what creates the production and preservation orders a represented provider actually receives; it is a separate dataset in this library. The Directive is a Directive, so the binding obligations live in each Member State's transposing law and this is the text those laws implement.
Source text: EUR-Lex, Official Journal HTML (CELEX 32023L1544). The parser was validated against the anchor articles verified in REP-08.