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Status regarding Budapest Convention

Status regarding Budapest Convention

Status : Party See legal profile

Cybercrime policies/strategies

In 2015 the Government of Croatia adopted the National Cyber Security Strategy and the Action plan for the implementation of the Strategy (Official Gazette No. 108/2015).

For the purpose of reviewing and improving the implementation of the Strategy and Action plan for its implementation, the Government of the Republic of Croatia established the National Cyber Security Council (Interdepartmental panel composed of the authorized representatives of the competent bodies with national or sectorial policy and coordination responsibilities), which, among other things:

  • Systematically monitors and coordinates the implementation of the Strategy and discusses all issues relevant to cyber security,
  • Proposes measures to improve the implementation of the Strategy and Action plan for the implementation of the Strategy,
  • Proposes the organization of national exercises in the area of cyber security,
  • Issues recommendations, opinions, reports and guidelines related to the implementation of the Strategy and Action plan,
  • Proposes amendments to the Strategy and Action plan or proposes the adoption of a new Strategy and action plans, in accordance with the new requirements.

To ensure the support for the work of the National Council, the Government of the Republic of Croatia established the Operational and Technical Cyber Security Coordination Group (Interdepartmental panel composed of the authorized representatives of the competent bodies with operational and technical responsibilities), which:

Monitors the state of security in national cyberspace for the purpose of detecting threats that

  • may result in cyber crisis,
  • Issues reports on the state of cyber security,
  • Proposes cyber crisis action plans,
  • Performs other duties according to the issued programmes and activity plans.

 

The National Cyber Security Strategy of the Republic of Croatia - The National Cyber Security Strategy and Action plan for the implementation of the Strategy (Summary)

Cybercrime legislation

State of cybercrime legislation

Following entry into force of new Criminal and Criminal Procedure Codes in 2013, both substantive and procedural criminal law framework of Croatia are fully in line with the Convention requirements.

Provisions related to cybercrime and electronic evidence can be found in the following acts:

  • Criminal Code (OG 125/11, 144/12, 56/15, 61/15, 101/17, 118/18, 126/19)
  • Telecommunications Act (OG 73/08, 90/11, 133/12, 80/13, 71/14)
  • Act on the responsibility of the legal persons for the criminal offences (OG 151/2003, 110/7, 45/11, 143/12)
  • Criminal Procedure Act (OG 152/08, 76/09, 80/11, 121/11, 91/12, 143/12, 56/13, 145/13, 152/14, 70/17, 126/19)

Substantive law

The Criminal Code criminalises the following offences:

  • Article 266 - Unauthorised Access
  • Article 267 - Computer System Interference
  • Article 268 - Damage to Computer Data
  • Article 269 - Unauthorised Interception of Computer Data
  • Article 270 - Computer Forgery
  • Article 271 Computer Fraud
  • Article 272 - Misuse of Devices
  • Article 273 - Serious Criminal Offences Against Computer Systems, Programmes and Data
  • Article 163 - Exploitation of Children for Pornography
  • Article 164 - Exploitation of Children for Pornographic Performance
  • Article166 - Serious Criminal Offence of Child Sexual Abuse and Exploitation
  • Article 284 - Infringement of the Personal Rights of an Author or Artist Performer
  • Article 285 Unauthorised Use of a Copyright Work or Performance by an Artist Performer
  • Article 286 - Infringement of Other Rights Related to Copyright

Procedural law

Specific procedural powers related to cybercrime and electronic evidence can be found he in the Criminal Procedure Criminal Procedure Act Act (OG 152/08, 76/09, 80/11, 121/11, 91/12, 143/12, 56/13, 145/13, 152/14) and in the Decree on obligations from the area of national security of the Republic of Croatia for legal and physical persons in telecommunications (OG 64/08, 76/13)

Safeguards

General rules and safeguards can be found in the Criminal Procedure Act, Articles 1 to10.

Related laws and regulations

Specific legislation and regulation related to cybersecurity and cybercrime has been enacted through the following instruments:

  • Law on Information Security 2007.
  • Law on Protection of Personal Data 2003.
  • Law on Ratification of conventions on cybercrime 2002.
  • Law on Electronic Document.
  • Law on the Security and Intelligence System 2006.
  • Ordinance on the manner and deadlines for the implementation of measures for protection safety and integrity of networks and services 2012.
  • Regulation on Information Security Measures 2008.
  • Act on Critical Infrastructures N. 56/113

Specialised institutions

The Information Systems Security Bureau (ZSIS) (in Croatian and in English) is the national competent authority for network and information security for Croatia;

 

Croatia has two established computer emergency response teams (CERTs). CARNet, the National CERT (in Croatian and in Englis).

ZSIS CERT, (in English) established in 2009 is responsible for coordinating security and incident response measures for parties that use a Croatian IP address or .hr domain.

The Information Systems Security Bureau’s ZSIS CSI (in English) has jurisdiction over Croatian government institutions.

(Source: https://www.cyberwiser.eu/croatia-hr)

International cooperation

Competent authorities and channels

  • For Extradition and MLA
    the Ministry of Justice
    Ulica grada Vukovara 49
    10 000 Zagreb.
  • For 24/7 Contact point
    Ministry of Interior
    General Police Directorate, Crime Intelligence Sector, Cyber Security Department

Practical guides, templates and best practices

Specific procedures and best practices for International Cooperation.

 

Jurisprudence/case law

Sources and links

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