New Technologies in International Law / Tymofeyeva, Crhák et al.

– in exceptional cases, there are substantial grounds for believing that the execution of the order would entail a manifest breach of a relevant fundamental right as set out in Article 6 TEU and in the Charter; – the execution of the order would be contrary to the principle of ne bis in idem ; – the conduct for which the order has been issued does not constitute an offence under the law of the enforcing state. If, within 10 days of receipt of the EPOC, the enforcing authority has not raised any of the above-mentioned grounds or has already confirmed before the end of this period that it would not raise them, the addressee shall transmit the requested data directly to the issuing authority - either at the end of the 10-day period or as soon as possible, but at the latest at the end of this period. The simple 10-day deadline also applies to requests that are not subject to notification to the enforcing authority. In emergency cases, the 10-day deadline for providing the data is reduced to only 8 hours. Where a notification is required, the enforcing authority may, at the latest within 96 hours of receipt of the notification, notify the issuing authority and the addressee of any objections or limitations on the use of the data. If the data have already been transmitted, the issuing authority shall delete them or otherwise restrict their use in accordance with the conditions specified by the enforcing authority. The addressee shall inform the issuing authority and the enforcing authority (if notified) if it fears a possible breach of the protection rules relating to immunities, privileges and freedom of the press or of expression. The issuing authority shall then decide, on its own initiative or at the request of the enforcing authority, whether to withdraw, adapt or maintain the EPdO. The issuing authority shall also be informed of any circumstances which prevent the addressee from complying with the request. Due to the temporary and preliminary nature of the EPsO, the execution of the related EPOC-PR is less restrictive and only requires the addressee to preserve the requested data without undue delay for a period of 60 days, with a possible extension of a further 30 days if necessary to allow for the issuance of a subsequent production order. At the end of this period, the obligation to keep the data shall cease unless the issuing authority confirms the issuing of a subsequent production order. In that case, the addressee shall keep the data for as long as necessary for the production. The obligation to inform the issuing authority of legal or factual circumstances that prevent the addressees from complying with the order also applies to EPOC-PR. If the addressee doesn’t comply with the EPOC or EPOC-PR request, the enforcement procedure can be carried out in accordance with the provisions of Art. 16. During this procedure, the enforcement authority examines the circumstances of the case with regard to the admissibility of the order issued. As a result, the authority may recognise the order and take the necessary measures for its enforcement, or it may decide not to recognise or enforce the order if it concludes that its enforcement is inadmissible. If the enforceability of the EPO has been confirmed by the enforcing authority and the service provider still fails to comply with its request, that authority may impose a fine

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