The criminal justice authorities of one country may possess information that can assist the authorities of another country – who may not even be aware that this information exists – in their criminal investigations.

Such information may be shared “spontaneously” – and without a prior request between authorities of different countries according to Article 26 of the Convention on Cybercrime (Budapest Convention).

The importance of Article 26 of the Convention has increased in recent years, specifically within the context of investigations involving the dark web or the collection of large amounts of data obtained from communications.

However, while some Parties to the Convention use the option of sharing “spontaneous information” very frequently, others do so very rarely or not at all.  Therefore, the Cybercrime Convention Committee (T-CY) has prepared a Guidance Note drawing on current practices of Parties.

Adopted by the T-CY on 25 June 2025, this Guidance Note on Spontaneous Information addresses key aspects of (a) the sharing of spontaneous information by one Party, and (b) its use in the receiving Party when obtained on the basis of Article 26, including its use as evidence in the receiving Party.

It is expected that it will permit Parties to utilise Article 26 to its full potential and thus to further increase the effectiveness of international co-operation under the Convention on Cybercrime.

 Council of Europe: Convention on Cybercrime (Budapest Convention) (dedicated webpage)

 Council of Europe Treaty Office: Details of the Convention (ETS No. 185)

 Council of Europe: Second Additional Protocol to the Convention on Cybercrime (dedicated webpage)

Council of Europe Treaty Office: Details of the Treaty (ETS No. 224)