Any country may use the Budapest Convention as a guideline, check list or model law and over 150 countries have made use of this opportunity. However, becoming a Party to this treaty entails additional advantages.
The dynamic triad of common standards, follow up and capacity building is the formula of success of the Budapest Convention, and it helps protect individuals and their rights online wherever they are.
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Parties are members of the Cybercrime Convention Committee (T-CY).
The T-CY is a most relevant intergovernmental body on cybercrime. Parties share information and experience, assess implementation of the Convention, or interpret the Convention through Guidance Notes.
Domestic investigations and prosecutions related to cybercrime and electronic evidence in most of these States are based on laws enacted because of the Budapest Convention.
Every day international investigations are carried out using the Budapest Convention as a basis.
Trusted and efficient cooperation, including public/private cooperation.
Parties to the Convention engage with each other in trusted and efficient cooperation.
Indications are that private sector entities as well are more likely to cooperate with criminal justice authorities of Parties to the Convention given that Parties need to have a domestic legal framework on cybercrime and electronic evidence in place, including the safeguards of Article 15.
The Convention provides a legal framework for international cooperation on cybercrime and electronic evidence.
Chapter III of the treaty includes general and specific provisions for cooperation among Parties “to the widest extent possible” not only with respect to cybercrime (offences against and by means of computers) but with respect to any crime involving electronic evidence.
States requesting accession or having joined the Convention may become priority countries for capacity building programmes.
Such technical assistance is to strengthen the capacities of criminal justice authorities to investigate, prosecute and adjudicate cases of cybercrime or other offences involving electronic evidence and to engage in cooperation at all levels based on the standards of the Budapest Convention
Participation in negotiation of international instruments
The T-CY may also prepare additional Protocols to this treaty.
Thus, even if a State did not participate in the negotiation of the original treaty, a new Party is able to participate in the negotiation of future instruments and the further evolution of the Budapest Convention.