- content data
means any data in a digital format, such as text, voice, videos, images and sound, other than subscriber data or traffic data;
- controller
means controller as defined in Article 4, point (7), of Regulation (EU) 2016/679;
- data requested for the sole purpose of identifying the user
means IP addresses and, where necessary, the relevant source ports and time stamp, namely the date and time, or technical equivalents of those identifiers and related information, where requested by law enforcement authorities or by judicial authorities for the sole purpose of identifying the user in a specific criminal investigation;
- decentralised IT system
means a network of IT systems and interoperable access points, operating under the individual responsibility and management of each Member State, Union agency or body, which enables the cross-border exchange of information to take place in a secure and reliable manner.
- designated establishment
means an establishment with legal personality designated in writing by a service provider established in a Member State taking part in a legal instrument referred to in Article 1(2) of Directive (EU) 2023/1544, for the purposes referred to in Article 1(1) and Article 3(1) of that Directive;
- electronic evidence
means subscriber data, traffic data or content data stored by or on behalf of a service provider, in an electronic form, at the time of the receipt of a European Production Order Certificate (EPOC) or of a European Preservation Order Certificate (EPOC-PR);
- emergency case
means a situation in which there is an imminent threat to the life, physical integrity or safety of a person, or to a critical infrastructure, as defined in Article 2, point (a), of Directive 2008/114/EC, where the disruption or destruction of such critical infrastructure would result in an imminent threat to the life, physical integrity or safety of a person, including through serious harm to the provision of basic supplies to the population or to the exercise of the core functions of the State;
- enforcing authority
means the authority in the enforcing State, which, in accordance with the national law of that State, is competent to receive a European Production Order and an EPOC or a European Preservation Order and an EPOC-PR transmitted by the issuing authority for notification or for enforcement in accordance with this Regulation;
- enforcing State
means the Member State in which the designated establishment is established or the legal representative resides and to which a European Production Order and an EPOC or a European Preservation Order and an EPOC-PR are transmitted by the issuing authority for notification or for enforcement in accordance with this Regulation;
- establishment
means an entity that actually pursues an economic activity for an indefinite period through a stable infrastructure from where the business of providing services is carried out or the business is managed;
- European Preservation Order
means a decision which orders the preservation of electronic evidence for the purposes of a subsequent request for production, and which is issued or validated by a judicial authority of a Member State in accordance with Article 4(3), (4) and (5), and addressed to a designated establishment or to a legal representative of a service provider offering services in the Union, where that designated establishment or legal representative is located in another Member State bound by this Regulation;
- European Production Order
means a decision ordering the production of electronic evidence, issued or validated by a judicial authority of a Member State in accordance with Article 4(1), (2), (4) and (5), and addressed to a designated establishment or to a legal representative of a service provider offering services in the Union, where that designated establishment or legal representative is located in another Member State bound by this Regulation;
- information system
means an information system as defined in Article 2, point (a), of Directive 2013/40/EU of the European Parliament and of the Council;
- issuing authority
means the competent authority in the issuing State, which, in accordance with Article 4, can issue a European Production Order or a European Preservation Order;
- issuing State
means the Member State in which the European Production Order or the European Preservation Order is issued;
- legal representative
means a natural or legal person appointed in writing by a service provider not established in a Member State taking part in a legal instrument referred to in Article 1(2) of Directive (EU) 2023/1544, for the purposes referred to in Article 1(1) and Article 3(1) of that Directive;
- offering services in the Union
means:
- processor
means processor as defined in Article 4, point (8), of Regulation (EU) 2016/679;
- service provider
means any natural or legal person that provides one or more of the following categories of services, with the exception of financial services as referred to in Article 2(2), point (b), of Directive 2006/123/EC of the European Parliament and of the Council:
- subscriber data
means any data held by a service provider relating to the subscription to its services, pertaining to:
- traffic data
means data related to the provision of a service offered by a service provider which serve to provide context or additional information about such service and are generated or processed by an information system of the service provider, such as the source and destination of a message or another type of interaction, the location of the device, date, time, duration, size, route, format, the protocol used and the type of compression, and other electronic communications metadata and data, other than subscriber data, relating to the commencement and termination of a user access session to a service, such as the date and time of use, the log-in to and log-off from the service;