---
title: "Recital 38"
url: "https://prighter.com/resources/laws/e-evidence-regulation/recitals/recital-38"
type: "recital"
date: "2026-10-19T14:58:46.009Z"
---

# Recital 38

A European Production Order should only be issued if it is necessary, proportionate, adequate and applicable to the case at hand. The issuing authority should take into account the rights of the suspect or the accused person in proceedings relating to a criminal offence and should only issue a European Production Order if such order could have been issued under the same conditions in a similar domestic case. The assessment of whether to issue a European Production Order should take into account whether such order is limited to what is strictly necessary to achieve the legitimate aim of obtaining data that are relevant and necessary as evidence in an individual case.

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