Workshop 9 – International cooperation on cybercrime and electronic evidence: the Second Protocol to the Budapest Convention on Cybercrime

The growing scale and complexity of cybercrime and other offenses involving electronic evidence, coupled with challenges related to cloud computing and jurisdictional issues, highlight the urgent need for an effective criminal justice response. Frameworks like the Budapest Convention on Cybercrime play a critical role in addressing these challenges, and the 2nd Additional Protocol provides additional tools for enhanced cooperation and the disclosure of e-evidence. A number of countries in Africa have already signed and are considering ratification of the Protocol, which aims to facilitate direct cooperation with service providers and registrars, improve access to subscriber information and traffic data, and enable immediate cooperation in emergencies or joint investigations. All these actions are subject to a robust system of human rights protections and rule of law, including data protection safeguards.

The workshop underlines the importance of international cooperation and aims to raise awareness about the new tools and procedures introduced under the 2nd Additional Protocol. Insights from African countries that are considering signing, those that have signed, and those that are in the process of ratification will allow for a rich discussion on the benefits, challenges, and practical steps involved in adoption and effective implementation of the Protocol.