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 Ministers of Foreign Affairs call for signature and ratification of the e-evidence Protocol to the Budapest Convention – Andorra is 23rd State to sign this Protocol

Ministers of Foreign Affairs call for signature and ratification of the e-evidence Protocol to the Budapest Convention – Andorra is 23rd State to sign this Protocol

The Ministers of Foreign Affairs of Council of Europe members meeting in Turin, Italy, on 20 May, inter alia called on all Parties to the Convention on Cybercrime to sign and ratify the new, Second Additional Protocol to this treaty. Andorra signed this instrument during the meeting to become the 23rd signatory State. Ministers also adopted Recommendation CM/Rec(2022)16 on combating hate speech.

Ministers firmly condemned Russia’s aggression against Ukraine and its violations of human rights and international law.


Strasbourg 20 May 2022
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timeline

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