---
title: "Recital 6"
url: "https://prighter.com/resources/laws/e-evidence-directive/recitals/recital-6"
type: "recital"
date: "2026-10-19T19:20:26.504Z"
---

# Recital 6

The designated establishments and legal representatives provided for in this Directive should serve as addressees for decisions and orders for the purpose of gathering electronic evidence on the basis of Regulation (EU) 2023/1543 of the European Parliament and of the Council ([5](#r5)), of Directive 2014/41/EU of the European Parliament and of the Council ([6](#r6)) and of the Convention established by the Council in accordance with Article 34 of the Treaty on the European Union, on Mutual Assistance in Criminal Matters between Member States of the European Union ([7](#r7)), including where those decisions and orders are transmitted in the form of a certificate.

	

The designated establishments and legal representatives provided for in this Directive should serve as addressees for decisions and orders for the purpose of gathering electronic evidence on the basis of Regulation (EU) 2023/1543 of the European Parliament and of the Council (5), of Directive 2014/41/EU of the European Parliament and of the Council (6) and of the Convention established by the Council in accordance with Article 34 of the Treaty on the European Union, on Mutual Assistance in Criminal Matters between Member States of the European Union (7), including where those decisions and orders are transmitted in the form of a certificate.

Recourse to the designated establishment or the legal representative should be in accordance with the procedures set out in the instruments and legislation applicable to the judicial proceedings, including where the instruments permit the direct serving of orders in cross-border situations on the designated establishment or legal representative of the service provider, or are based on cooperation between competent judicial authorities. The competent authorities of the Member State where the designated establishment is established or the legal representative resides should act in accordance with the role set out for them in the respective instrument where involvement is provided for. Member States should also be able to address decisions and orders for the purpose of gathering electronic evidence on the basis of national law to a natural or legal person acting as legal representative or designated establishment of a service provider on their territory.

---

([5](#5)) Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings (see page 118 of this Official Journal).  
([6](#6)) Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters ([OJ L 130, 1.5.2014, p. 1](https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=OJ:L:2014:130:TOC)).  
([7](#7)) Convention established by the Council in accordance with Article 34 of the Treaty on the European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union ([OJ C 197, 12.7.2000, p. 3](https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=OJ:C:2000:197:TOC)) and its Protocol ([OJ C 326, 21.11.2001, p. 2](https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=OJ:C:2001:326:TOC)).

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