Article 10

Paragraph 1

Upon receipt of an order to provide specific information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union law or national law in compliance with Union law, providers of intermediary services shall, without undue delay inform the authority issuing the order, or any other authority specified in the order, of its receipt and of the effect given to the order, specifying if and when effect was given to the order.

Obligations (1)

Information Order Response

Manual evidence High Priority

The provider must inform issuing authority of receipt and effect given to orders to provide information

Evidence guidance

Upload the process doc covering receipt, validation, and response to information orders from authorities. Include a redacted example of an acknowledgement sent back to an issuing authority and, where possible, a log extract with timestamps.

Evaluation scenarios

No evaluation scenarios

None are defined for this paragraph.

Paragraph 2

Member States shall ensure that when an order referred to in paragraph 1 is transmitted to the provider, it meets at least the following conditions:

(a) that order contains the following elements:

(i) a reference to the legal basis under Union or national law for the order;

(ii) information identifying the issuing authority;

(iii) clear information enabling the provider of intermediary services to identify the specific recipient or recipients on whom information is sought, such as one or more account names or unique identifiers;

(iv) a statement of reasons explaining the objective for which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary services with applicable Union law or national law in compliance with Union law, unless such a statement cannot be provided for reasons related to the prevention, investigation, detection and prosecution of criminal offences;

(v) information about redress mechanisms available to the provider and to the recipients of the service concerned;

(vi) where applicable, information about which authority is to receive the information about the effect given to the orders;

(b) that order only requires the provider to provide information already collected for the purposes of providing the service and which lies within its control;

(c) that order is transmitted in one of the languages declared by the provider of intermediary services pursuant to Article 11(3) or in another official language of the Member States, agreed between the authority issuing the order and the provider, and is sent to the electronic point of contact designated by that provider, in accordance with Article 11; where the order is not drafted in the language declared by the provider of intermediary services or in another bilaterally agreed language, the order may be transmitted in the language of the authority issuing the order, provided that it is accompanied by a translation into such declared or bilaterally agreed language of at least the elements set out in points (a) and (b) of this paragraph.

No obligations

This section delegates responsibilities to Member State authorities

Evaluation scenarios

No evaluation scenarios

None are defined for this paragraph.

Paragraph 3

The authority issuing the order or, where applicable, the authority specified therein, shall transmit it, along with any information received from the provider of intermediary services concerning the effect given to that order to the Digital Services Coordinator from the Member State of the issuing authority.

No obligations

This section delegates responsibilities to Member State authorities

Evaluation scenarios

No evaluation scenarios

None are defined for this paragraph.

Paragraph 4

After receiving the order from the judicial or administrative authority, the Digital Services Coordinator of the Member State concerned shall, without undue delay, transmit a copy of the order referred to in paragraph 1 of this Article to all Digital Services Coordinators through the system established in accordance with Article 85.

No obligations

This section delegates responsibilities to Member State authorities

Evaluation scenarios

No evaluation scenarios

None are defined for this paragraph.

Paragraph 5

At the latest when effect is given to the order, or, where applicable, at the time provided by the issuing authority in its order, providers of intermediary services shall inform the recipient of the service concerned of the order received and the effect given to it. Such information provided to the recipient of the service shall include a statement of reasons and the possibilities for redress that exist, in accordance with paragraph 2.

Obligations (1)

Recipient Notification

Manual evidence High Priority

The provider must inform affected service recipients about information orders received

Evidence guidance

Upload the template or a redacted sample of the user notification sent when user information is disclosed to an authority (where disclosure is permitted). It should describe the basis for disclosure and available redress.

Evaluation scenarios

No evaluation scenarios

None are defined for this paragraph.

Paragraph 6

The conditions and requirements laid down in this Article shall be without prejudice to national civil and criminal procedural law.

No obligations

This section only contains exceptions

Evaluation scenarios

No evaluation scenarios

None are defined for this paragraph.