FantasticSearch

1. Upon receipt of an EPOC-PR, the addressee shall, without undue delay, preserve the data requested. The obligation to preserve the data shall cease after 60 days, unless the issuing authority confirms, using the form set out in Annex V, that a subsequent request for production has been issued. During that 60-day period, the issuing authority may, using the form set out in Annex VI, extend the duration of the obligation to preserve the data by an additional 30-day period, where necessary to allow for the issuing of a subsequent request for production.

2. Where, during the period of preservation set out in paragraph 1, the issuing authority confirms that a subsequent request for production has been issued, the addressee shall preserve the data as long as necessary to produce the data once the subsequent request for production is received.

3. Where the preservation is no longer necessary, the issuing authority shall inform the addressee without undue delay and the obligation to preserve on the basis of the relevant European Preservation Order shall cease.

4. Where the addressee considers, based solely on the information contained in the EPOC-PR, that the execution of the EPOC-PR could interfere with immunities or privileges, or with rules on the determination or limitation of criminal liability that relate to freedom of the press or freedom of expression in other media, under the law of the enforcing State, the addressee shall inform the issuing authority and the enforcing authority using the form set out in Annex III. The issuing authority shall take the information referred to in the first subparagraph into account, and shall decide, on its own initiative or at the request of the enforcing authority, whether to withdraw, adapt or maintain the European Preservation Order.

5. Where the addressee cannot comply with its obligation to preserve the requested data because the EPOC-PR is incomplete, contains manifest errors or does not contain sufficient information to execute the EPOC-PR, the addressee shall, without undue delay, inform the issuing authority referred to in the EPOC-PR and seek clarification, using the form set out in Annex III. The issuing authority shall react expeditiously and at the latest within five days of the receipt of the form. The addressee shall ensure that it can receive the necessary clarification or any correction provided by the issuing authority in order for the addressee to fulfil its obligations set out in paragraphs 1, 2 and 3. In the absence of a reaction from the issuing authority within the five-day period, the service provider shall be exempt from the obligations set out in paragraphs 1 and 2.

6. Where the addressee cannot comply with its obligation to preserve the requested data because of a de facto impossibility due to circumstances not attributable to the addressee, the addressee shall, without undue delay, inform the issuing authority referred to in the EPOC-PR explaining the reasons for such de facto impossibility, using the form set out in Annex III. Where the issuing authority concludes that such impossibility does exist, it shall inform the addressee that the EPOC-PR no longer needs to be executed.

7. In all cases where the addressee does not preserve the requested data, for reasons other than those referred to in paragraphs 4, 5 and 6, the addressee shall, without undue delay, inform the issuing authority of those reasons, using the form set out in Annex III. The issuing authority shall review the European Preservation Order in light of the justification provided by the addressee.