---
title: "Recital 5"
url: "https://prighter.com/resources/laws/e-evidence-directive/recitals/recital-5"
type: "recital"
date: "2026-10-19T19:17:37.496Z"
---

# Recital 5

By setting out harmonised rules on the designation of designated establishments and the appointment of legal representatives of certain service providers in the Union for receipt of, compliance with and enforcement of decisions and orders issued by competent authorities of the Member States, for the purposes of gathering electronic evidence in criminal proceedings, the existing obstacles to the free provision of services should be removed, and the imposition of divergent national approaches in that regard, in the future, should be prevented. A level playing field for service providers should therefore be established. Depending on whether service providers are or are not established in the Union, Member States should ensure that service providers designate a designated establishment or appoint a legal representative. Those harmonised rules on the designation of designated establishments and the appointment of legal representatives should not affect the obligations on service providers under other Union legislation. Moreover, more effective criminal law enforcement in the Union’s area of freedom, security and justice should be facilitated.

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