Article 9 - Orders to provide information
- Providers of intermediary services shall, upon receipt of an order to provide a specific item of 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 or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.
- Member States shall ensure that orders referred to in paragraph 1 meet the following conditions:
- the order contains the following elements:
- 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 or national rules, unless such a statement cannot be provided for reasons related to the prevention, investigation, detection and prosecution of criminal offences;
- information about redress available to the provider and to the recipients of the service concerned;
- the order only requires the provider to provide information already collected for the purposes of providing the service and which lies within its control;
- the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10;
- The Digital Services Coordinator from the Member State of the national judicial or administrative authority issuing the order shall, without undue delay, transmit a copy of the order referred to in paragraph 1 to all Digital Services Coordinators through the system established in accordance with Article 67.
- The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law in conformity with Union law.