Enhancing Cooperation on Cybercrime: The Second Additional Protocol to the Budapest Convention

Strategic Insights -

The European Union Agency for Criminal Justice Cooperation has issued the Second Additional Protocol to the Council of Europe Convention on Cybercrime, aiming to enhance cooperation among parties and service providers for obtaining electronic evidence in criminal investigations. Signed in May 2022, the Protocol introduces a self-executing provision in Article 10, allowing parties to seek mutual assistance in emergency situations. This document analyzes the tools available to competent authorities under Article 10 and compares it with Article 9 of the Protocol.

Key Takeaways:

  • The Second Additional Protocol to the Budapest Convention introduces a new provision in Article 10, enabling parties to seek mutual assistance in emergency situations.
  • Article 10 is a self-executing provision, requiring no implementing domestic legislation, unlike other provisions such as Article 6, 7, 8, and 9.
  • The Protocol provides a comparison matrix between Article 9 and Article 10, highlighting the differences in rapidly expedited cooperation in emergency situations.
  • Article 10 allows parties to seek mutual assistance on a rapidly expedited basis where an emergency exists.
  • The SIRIUS Project prepared the document, which has received funding from the European Commission's Service for Foreign Policy Instruments under Contribution Agreement No PI/2020/417-500.
  • The Second Protocol was opened for signature by parties to the Budapest Convention in May 2022.
  • The Protocol aims to enhance cooperation among parties, service providers, and other entities for obtaining electronic evidence in criminal investigations.

Statistics:

  • The SIRIUS Project received funding from the European Commission's Service for Foreign Policy Instruments under Contribution Agreement No PI/2020/417-500.
  • The Second Additional Protocol to the Budapest Convention was signed in May 2022.
  • Article 10 of the Protocol allows parties to seek mutual assistance on a rapidly expedited basis where an emergency exists.

Sources:

  • The European Union Agency for Criminal Justice Cooperation (IUU)
  • The Council of Europe Convention on Cybercrime (Budapest Convention)
  • The SIRIUS Project
  • The European Commission's Service for Foreign Policy Instruments under Contribution Agreement No PI/2020/417-500