How do countries accede to the Convention on Cybercrime (Budapest Convention)?

The treaty is open for accession by any country ready to implement it!

  • A (draft) law indicates that a State has already implemented or is likely to implement the provisions of the Budapest Convention in domestic law and to engage in cooperation.
  • The Government (typically the minister of foreign affairs) sends a letter to the Secretary General of the Council of Europe stating the interest of the State in accession to the Convention.
  • Once there is agreement by the current Parties to the Convention, the State is invited to accede.
  • The authorities of that State complete their internal procedures before depositing the instrument of accession at the Council of Europe.

How relevant is the Convention on Cybercrime?

164

states have used the Budapest Convention as a guideline or source for their domestic legislation (85% of States worldwide) *

* By December 2025

 
The Treaty is used daily by criminal justice professionals worldwide to preserve and collect e-evidence in cross-border cases. It has set a standard that has not been achieved by any international treaty in the field. It is also the backbone of Hanoi Convention. 

To date, the Convention on Cybercrime (Budapest Convention) remains the foremost binding international treaty addressing cybercrime and electronic evidence. It has set a standard that has not been achieved by any international treaty in the field. One of the key factors contributing to its enduring significance is its technology-neutral language, which ensures the Convention remains relevant amidst rapidly evolving technologies and threats in cyberspace.

Importantly, the Budapest Convention’s scope extends beyond traditional notions of cybercrime. It enables the exercise of procedural powers and facilitates international cooperation mechanisms not only for cyber-specific offences, but for any criminal offence involving electronic evidence. This comprehensive approach ensures the Convention covers a wide spectrum of criminal activities, including but not limited to botnets, phishing, terrorism, identity theft, malware distribution, spam, distributed denial-of-service (DDoS) attacks, offences targeting critical infrastructure, election interference, and cyberviolence. Moreover, the procedural powers and co-operation mechanism of the Budapest Convention are exercised to a great extent in the co-operation with Virtual (Asset) Service Providers, Internet Service Providers in case of illegal use of virtual assets.

The Convention integrates effective criminal justice and human rights safeguards

  • Art. 15 “Each Party shall ensure (…) the adequate protection of human rights and liberties”

The Budapest Convention harmonizes the vision of a free Internet, where information can freely flow and be accessed and shared, with the need for an effective criminal justice response in cases of criminal misuse. Restrictions are narrowly defined; only specific criminal offences are investigated and prosecuted, and specified data that is needed as evidence in specific criminal proceedings is secured  - subject to human rights and rule of law safeguards.

 

Benefits of the Convention on Cybercrime (Budapest Convention)

  • Harmonisation of national legislation
    The Budapest Convention provides a common framework for criminalising acts such as offences against computer data and systems, computer-related fraud and forgery, child sexual exploitation offences committed online, as well as the production, distribution, and possession of child sexual exploitation material. This harmonisation helps to close gaps in national laws and makes it harder for offenders to exploit legal loopholes between jurisdictions.
  • Modern procedural powers and safeguards
    The Convention establishes effective and technologically neutral procedural tools for investigating cybercrime and collecting electronic evidence, across all types of criminal offences where electronic evidence is involved. Importantly, it balances these enhanced powers with appropriate safeguards to protect human rights and the rule of law.
  • Effective framework for international cooperation
    As cybercrime is borderless, the Budapest Convention provides a reliable legal basis to facilitate swift and efficient international co-operation - including extradition, mutual legal assistance, and the spontaneous exchange of information between signatory states. This enables authorities to act quickly and effectively in cross-border investigations and prosecutions.
  • Support for capacity building
    By adhering to the Convention, governments benefit from mutual sharing of experience, best practices, and capacity building initiatives provided or coordinated through the Council of Europe and the Cybercrime Convention Committee (T-CY). This cooperation helps parties strengthen their legislative, technical, and institutional capabilities to address digital crime.
  • Global reach and inclusiveness
    Although drafted by the Council of Europe, the Budapest Convention is open to accession by any country willing to implement its standards. This inclusiveness has led to a truly global network of countries committed to countering cybercrime, thus multiplying opportunities for cooperation and making the Convention a universal reference point.
  • Flexibility and future-proofing
    The technology-neutral language and adaptable procedural tools enable the Convention to address both current and emerging cybercrime threats. Its continuing relevance is ensured by regular guidance and updates provided by the Cybercrime Convention Committee (T-CY).
 

Who are the Members?

81

Parties *

16

countries have signed or been invited to accede *

 * See the full list here

The main pillars of the Convention

  • Convention on Cybercrime 

    The Convention provides for (i) the criminalisation of conduct – ranging from illegal access, data and systems interference to computer-related fraud; (ii) procedural law tools to make the investigation of cybercrime and the securing of electronic evidence more effective subject to conditions and safeguards, and (iii) effective international cooperation.
  • First Additional Protocol to the Convention on Cybercrime

    It covers the criminalisation of acts of a racist and xenophobic nature committed through computer systems (CETS  189) and was opened for signature in 2003.
  • Second Addtional Protocol to the Convention on Cybercrime 

    This Protocol on enhanced cooperation and disclosure of electronic evidence is designed to ensure more effective investigations and proceedings by enhancing international cooperation on cybercrime and electronic evidence. It was opened for signature in March 2022.
 

What impact has the Convention had?

Global outreach of the Budapest Convention (97 countries signed, ratified, invited to join, cooperation with more than 186 countries* through Council of Europe activities) keeps ensuring and multiplies the global impact it has all over the world and in cyberspace:

* By December 2025

  • Stronger and more harmonised cybercrime legislation worldwide
  • Consistent approach to criminalising conduct
  • More efficient international co-operation between Parties
  • Trusted partnerships and multistakeholder cooperation
  • More investigation, prosecutions and adjudication of cybercrime
  • Catalyst for technical assistance and capacity building
  • Global outreach = global impact
  • Essential element of norms of behaviour for cyberspace
  • Contribution to human rights and the rule of law in cyberspace

The Convention on Cybercrime (Budapest Convention) remains the primary global instrument guiding effective responses to cybercrime, fostering a consistent and coordinated international approach, and reinforcing the rule of law in cyberspace.

Any country may use the Budapest Convention as a guideline, checklist or model law and over 164 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 for success of the Budapest Convention, and it helps protect individuals and their rights online wherever they are.

85 %

of States worldwide have used the Budapest Convention as a guide or source of inspiration for their domestic legislation *

* By December 2025

C-PROC: Over 500 professionals from 100 countries attended the Octopus Conference 2025


Group photo taken during the latest edition of the Octopus Conference, one of the biggest and finest platforms of exchange on cybercrime, gathering experts from more than 100 countries, international organisations, private sector and academic (Octopus Conference 2025, 4-6 June 2025, Strasbourg, France)