Brussels, 14 February 2023
The Council today adopted a decision authorising member states to ratify, in the interest of the EU, the Second Additional Protocol to the Convention on Cybercrime (Budapest Convention).
The protocol will improve cross-border access to electronic evidence to be used in criminal proceedings. It will contribute to the fight against cybercrime and other forms of crime at global level by simplifying cooperation between member states and third countries, while ensuring a high level of protection for individuals and compliance with EU data protection standards.
The protocol covers procedures to improve international cooperation between authorities as well as to enhance direct cooperation with service providers and entities located in other countries. It also sets out procedures for emergency mutual legal assistance.
The protocol could potentially be applied across the globe, with 34 countries already having signed it, including 18 EU member states. It will complement the internal EU framework on access to e-evidence, recently agreed between the Council of the EU and the European Parliament, and which is pending formal adoption.
Background and next steps
On 6 June 2019, the Council adopted a mandate authorising the Commission to participate in the Council of Europe negotiations on a Second Additional Protocol to the Cybercrime Convention. This protocol was adopted by the Committee of Ministers of the Council of Europe on 17 November 2021 and was opened for signature on 12 May 2022.
The EU cannot sign the protocol, as only states can be parties to it. Therefore, on 5 April 2022 the Council authorised member states to sign the protocol, acting jointly in the interest of the EU. The Council also sent the decision to authorise member states to ratify the protocol to the Parliament for consent. The European Parliament gave its consent on 17 January.
- Second additional protocol to the convention on cybercrime (Council of Europe)
- Better access to e-evidence to fight crime (background information)
Source – EU Council