Convention on Cybercrime - Protocol on Xenophobia and Racism - Second Protocol on Enhanced Co-operation and Disclosure of Electronic Evidence (2022)

Cybercrime: a significant threat to human rights, democracy and the rule of law as well as to international peace and stability

The Convention on Cybercrime ("Budapest Convention") is regarded as the most comprehensive and coherent international agreement on cybercrime and electronic evidence to date. It serves as a guideline for any country developing domestic legislation on cybercrime and as a framework for international cooperation between State Parties to this treaty.

The Budapest Convention provides for (i) the criminalisation of conduct – ranging from illegal access, data and systems interference to computer-related fraud and child pornography; (ii) procedural powers to investigate cybercrime and secure electronic evidence in relation to any crime, and (iii) for efficient international cooperation. The treaty is open for accession by any country.

The Convention is supplemented by an Additional Protocol covering the criminalisation of acts of a racist and xenophobic nature committed through computer systems (CETS 189). Negotiation of a second Additional Protocol on enhanced international cooperation and disclosure of electronic evidence commenced in September 2017. The 2nd Additional Protocol, adopted on 17 November 2021, will now be opened for signature at the Council of Europe in Strasbourg, France, on 12 May 2022, within the framework of an international conference on enhanced cooperation and disclosure of electronic evidence, on 12-13 May 2022.

Cybercrime Convention Explained from Council of Europe on Vimeo.