The 24/7 Network established under the Convention on Cybercrime (known as the Budapest Convention)

What is the 24/7 Network?

The Council of Europe supports the functioning of the 24/7 Network established according to Article 35 of the Convention on Cybercrime (also known as the Budapest Convention), inter alia, by maintaining a Directory contact points which is updated and shared regularly with the members of the Network.

Moreover, under cybercrime capacity building projects implemented by the Council of Europe’s Cybercrime Programme Office in Bucharest (C-PROC) support is provided to members of the Network or countries interested to join, on the establishment of contact points and their role and responsibilities.

The Network of 24/7 is a tool for expedited international cooperation on cybercrime and electronic evidence which is very much used for operational cooperation between Parties to the Budapest Convention. In practice, most 24/7 contact points are attached to specialised police or prosecution services for cybercrime.

Under the current legal framework, the 24/7 Network facilitates immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence in electronic form of a criminal offence.

With the Second Additional Protocol to the Convention on Cybercrime now open for signature by countries, new responsibilities for the 24/7 Network will be brought in order to enhance international co-operation between States, as well as co-operation with the private sector.

Article 35 (1) of the Convention on Cybercrime

Article 35 – 24/7 Network

1. Each Party shall designate a point of contact available on a twenty-four hour, seven-day-a-week basis, in order to ensure the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence in electronic form of a criminal offence. Such assistance shall include facilitating, or, if permitted by its domestic law and practice, directly carrying out the following measures:

a. the provision of technical advice;

b. the preservation of data pursuant to Articles 29 and 30;

c. the collection of evidence, the provision of legal information, and locating of suspects.

Article 35 (2) of the Convention on Cybercrime

2 a. A Party’s point of contact shall have the capacity to carry out communications with the point of contact of another Party on an expedited basis.

b. If the point of contact designated by a Party is not part of that Party’s authority or authorities responsible for international mutual assistance or extradition, the point of contact shall ensure that it is able to co-ordinate with such authority or authorities on an expedited basis.

Article 35 (3) of the Convention on Cybercrime

3. Each Party shall ensure that trained and equipped personnel are available, in order to facilitate the operation of the network.

Second Additional Protocol to the Convention on Cybercrime

With the Second Additional Protocol to the Convention on Cybercrime now being open for signature and ratification by countries, new responsibilities of the 24/7 Network will be brought up in order to enhance international co-operation between States, as well as co-operation with the private sector:

Treaty Office: Second Additional Protocol