The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority, which might be a law enforcement authority, issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In particular in a cross-border context, the effect of the order should in principle be limited to the territory of the issuing Member State, unless the illegality of the content derives directly from Union law or the issuing authority considers that the rights at stake require a wider territorial scope, in accordance with Union and international law, while taking into account the interests of international comity.
DSA Recital EN
Recital 36
Related across sources
Guidance Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement Guidance ARTICLE 29 DATA PROTECTION WORKING PARTY Guidance Guidelines 05/2020 on consent under Regulation 2016/679 Guidance Guidelines 02/2024 on Article 48 GDPR Guidance Version history Guidance Guidelines 4/2019 on Article 25 Data Protection by Design and by Default Version 2.0 Adopted on 20 October 2020