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.