Transcription of Opinion 23/2018 on Commission proposals on European ...
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Opinion 23/2018 on Commission proposals on European ...
Opinion 23/2018 on Commission proposals on European Production and Preservation Orders for electronic evidence in criminal matters (Art. ). Adopted on 26 September 2018. Contents 3. 1. Legal basis of the Regulation proposal (article 82 TFUE) .. 4. 2. Necessity of e-Evidence compared to MLATs and EIO .. 5. a) The necessity of e-Evidence compared to the safeguards provided by EIO and MLATs .. 5. b) The abandonment of the dual criminality principle .. 6. c) The consequence of addressing the companies directly .. 7. 3. The new ground for jurisdiction and the so-called disappearance of the location criteria .. 8. 4. The notion service providers should be restricted or complemented by additional safeguards for the data subjects' rights .. 9. 5. The notions of establishment and of legal representative in the context of these proposals should be clearly distinguished from these notions in the context of the GDPR.
3 The European Data Protection Board Having regard to Article 70 (1b) of the Regulation 2016/679/EU of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal
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