---
title: "Recital 1"
url: "https://prighter.com/resources/laws/e-evidence-directive/recitals/recital-1"
type: "recital"
date: "2026-10-19T19:14:40.827Z"
---

# Recital 1

Network-based services can be provided from anywhere and do not require physical infrastructure, premises or staff in the country where the relevant service is offered, or in the internal market itself. As a consequence, it can be difficult to apply and enforce obligations laid down in national and Union law which apply to the service providers concerned, in particular the obligation to comply with an order or a decision by a judicial authority. This is the case in particular in criminal law, where Member States’ authorities face difficulties with serving, ensuring compliance with and enforcing their decisions, in particular where relevant services are provided from a location outside their territory. Against that background, Member States have taken a variety of disparate measures to more effectively apply and enforce their legislation. This includes measures for addressing service providers to obtain electronic evidence that is of relevance to criminal proceedings. To that end, some Member States have adopted, or are considering adopting, legislation imposing mandatory legal representation within their own territory, for a number of service providers offering services in that territory. Such requirements create obstacles to the free provision of services within the internal market.

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