---
title: "Recital 18"
url: "https://prighter.com/resources/laws/e-evidence-directive/recitals/recital-18"
type: "recital"
date: "2026-10-20T13:23:21.037Z"
---

# Recital 18

Member States should lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and should take all measures necessary to ensure that they are implemented. The penalties provided for should be effective, proportionate and dissuasive. Member States should, by the date set out in this Directive, notify the Commission of those rules and of those measures and should notify it, without delay, of any subsequent amendment affecting them. Member States should also inform the Commission on an annual basis about non-compliant service providers, relevant enforcement action taken against them and the penalties imposed. Under no circumstances should the penalties result in a ban, be it permanent or temporary, of the provision of services. Member States should coordinate their enforcement actions where a service provider offers services in several Member States. Central authorities should coordinate to ensure a coherent and proportionate approach. The Commission should facilitate such coordination if necessary, and should, in any event, be informed of cases of infringement. This Directive does not govern the contractual arrangements for transfer or shifting of financial consequences between service providers, designated establishments and legal representatives of penalties imposed upon them.

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