European production and preservation orders and the appointment of legal representatives for gathering electronic evidence

13-07-2018

The IA provides a comprehensive description of the problem and the options are clearly linked to the objectives and the problem definition. It would have benefited the analysis if coherence and complementarity between this initiative and other proposed EU legislation would have been further explained. Moreover, stakeholders’ views are mentioned in a rather general way throughout the IA report and also, the problem drivers are not evenly discussed. It is to be noted that the proposed Regulation does not entirely follow the IA as it does not include legislative measures on direct access and access to databases, and on the other hand, it includes additional conditions for issuing a European Production Order.

The IA provides a comprehensive description of the problem and the options are clearly linked to the objectives and the problem definition. It would have benefited the analysis if coherence and complementarity between this initiative and other proposed EU legislation would have been further explained. Moreover, stakeholders’ views are mentioned in a rather general way throughout the IA report and also, the problem drivers are not evenly discussed. It is to be noted that the proposed Regulation does not entirely follow the IA as it does not include legislative measures on direct access and access to databases, and on the other hand, it includes additional conditions for issuing a European Production Order.