Second Additional Protocol to the Cybercrime Convention on enhanced co-operation and disclosure of electronic evidence (CETS No. 224) 

Official text and translations

  Treaty Office: English Second Additional Protocol

  Treaty Office: French Second Additional Protocol

  Treaty Office: Official and non-official languages

Council of Europe Publications

 PDF Booklets (Convention, Protocols and Guidance notes ) EN / FR / ES / PT / ARA

 Special edition of the Second Additional Protocol  

While cybercrime is proliferating and the complexity of obtaining electronic evidence that may be stored in foreign, multiple, shifting or unknown jurisdictions is increasing, the powers of law enforcement are limited by territorial boundaries. As a result, only a very small share of cybercrime that is reported to criminal justice authorities is leading to prosecutions or court decisions.

The Protocol responds to this challenge and provides tools for enhanced co-operation and disclosure of electronic evidence - such as direct cooperation with service providers and registrars, effective means to obtain subscriber information and traffic data, immediate co-operation in emergencies or joint investigations - that are subject to a system of human rights and rule of law, including data protection safeguards.

What is the Second additional Protocol?


 

  • Watch the video in FR or  ES

Tools of the Second Additional Protocol


  • Direct requests to registrars in other jurisdictions to obtain domain name registration information
  • Direct co-operation with service providers in other jurisdictions to obtain subscriber information
  • More effective means to obtain subscriber information and traffic data through government-to-government co-operation
  • Expeditious co-operation in emergency situations
  • Joint investigation teams and joint investigations
  • Video conferencing
  • A strong system of human rights and rule of law safeguards, including for the protection of personal data
lATEST NEWS

Back CyberSPEX: Meeting with Spanish authorities on the implementation of the Second Additional Protocol

CyberSPEX: Meeting with Spanish authorities on the implementation of the Second Additional Protocol

 

The implementation of the Second Additional Protocol (2AP) to the Convention on Cybercrime (Budapest Convention) by the Spain was supported by the CyberSPEX project through a meeting organised in co-operation with the Ministry of the Presidency, Justice and Relations with the Parliament of Spain, in Madrid on 21 May 2026.

The event brought together representatives from relevant Spanish authorities, including the Ministry of Presidency, Justice and Relations with the Parliament, General Prosecutor's Office – International Co-operation and Cybercrime Units, General Council of the Judiciary, Ministry of Digital Transformation, and the Ministry of Interior’s Cybersecurity Coordination Office and Technical Unit of the Judicial Police and the National Police, reflecting the cross-sectoral impact of both cybercrime and electronic evidence challenges.

Cybercrime and offences involving electronic evidence increasingly require robust international and public-private co-operation, as investigations often span multiple jurisdictions and involve data stored abroad. The 2AP offers enhanced tools for international collaboration, such as direct co-operation with service providers, efficient mechanisms for obtaining subscriber information and traffic data, emergency assistance, and joint investigations, under the governance of international human rights standards.

The meeting served to increase participants’ knowledge of the Protocol’s mechanisms and provisions, with focused discussions on the similarities and differences between the 2AP and the new EU e-Evidence Regulation, which will be applied from August 2026. Emphasis was placed on the need for harmonising domestic legislation, given the complexities arising from the interplay of EU law, national criminal procedural law, telecommunications regulations, and data protection standards.

Throughout the discussions, speakers highlighted several challenges, including the need to establish clear issuing and executing authorities for 2AP requests and orders, the treatment of IP address-related information and the impact of new obligations on service providers under both the 2AP and the e-Evidence Regulation.

The Spanish representatives shared practical insights, noting the importance of rapid and reliable procedures for preserving and obtaining electronic evidence in complex investigations.

While Spain is currently focusing on implementing the EU e-Evidence Package, participants emphasised the importance of ensuring that the forthcoming provisions also reflect the requirements of the Second Additional Protocol – particularly regarding the designation of a single authority to handle requests. The consensus achieved was that aligning these legislative frameworks will be essential to enable Spanish authorities to efficiently respond to cybercrime and secure electronic evidence, both domestically and in co-operation with international partners.


 

CyberSPEX project

Second Additional Protocol to the Convention on Cybercrime, on enhanced co-operation and disclosure of electronic evidence

 

Madrid, SPAIN 21 May 2026
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In brief

52

signatories in total*


4

countries have ratified the Protocol (out of the 52 signatories)*

See the full list on the Treaty Office webpage

timeline

15 April 2026

Costa Rica became the fourth state to ratify the Second Additional Protocol to the Convention on Cybercrime


5 February 2026

Hungary became the third state to ratify the Second Additional Protocol to the Convention on Cybercrime - Cybercrime


14 November 2025

Bosnia and Herzegovina became the 52nd State to sign the Second Additional Protocol to Convention on Cybercrime - Cybercrime


9 July 2025

Norway becomes the 51st State to sign the Second Additional Protocol


5 June 2025

Fiji signs the Second Additional Protocol (becoming the 50th State)


 27 March 2025

Latvia becomes the 49th State to sign the Second Additional Protocol


12 December 2024

Peru becomes the 48th State to sign the Second Additional Protocol


24 September 2024

Paraguay becomes the 47th State to sign the Second Additional Protocol


20 June 2024

 Czechia and Sierra Leone become the 45th and 46th States to sign the Second Additional Protocol


17 June 2024

 Georgia becomes the 44th State to sign the Second Additional Protocol


16 November 2023

 Armenia becomes the 43th State to sign the Second Additional Protocol


28 June 2023

 Hungary, Cabo Verde and Ghana become 40th, 41rst and 42nd states to sign the Second Additional Protocol


22 June 2023

 Malta becomes the 39th State to sign the Second Additional Protocol


20 June 2023

 Canada becomes the 38th State to sign the Second Additional Protocol


31 May 2023

 Mauritius becomes the 37th State to sign the Second Additional Protocol


27 February 2023

Albania becomes the 36th State to sign the Second Additional Protocol


16 February 2023

Argentina becomes the 35th State to sign the Second Additional Protocol


30 January 2023

The Dominican Republic becomes the 34th State to sign the Second Additional Protocol


 27 January 2023

France and Germany become the 32nd and 33rd signatories


 20 January 2023

Greece becomes the 31rst signatory


 30 November 2022
 6 Parties sign the Second additional Protocol [Croatia, Moldova, Slovenia, Sri Lanka, Ukraine and the United Kingdom]


 13 June 2022
Costa Rica becomes 24th signatory


20 May 2022
Andorra becomes 23rd signatory


12 May 2022
 22 Parties sign the Second additional Protocol at the opening for signature conference [Austria, Belgium, Bulgaria, Chile, Colombia, Estonia, Finland, Iceland, Italy, Japan, Lithuania, Luxembourg, Montenegro, Morocco, Netherlands, North Macedonia, Portugal, Romania, Serbia, Spain, Sweden and the United States of America]


 17 November 2021
 The Second additional Protocol is adopted by the Committee of Ministers

 
#cyber2AP

Opening for signature, 12 May 2022

Watch the videos of the event, scroll through the photo gallery and read all of our resources from panel members on the event page