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International: 22 states sign new additional protocol to Cybercrime Convention

The Council of Europe ('CoE') announced, on 12 May 2022, that 22 Council of Europe Member States had signed the Second Additional Protocol to the Convention on Cybercrime on Enhanced Co-operation and Disclosure of Electronic Evidence ('Second Additional Protocol to the Budapest Convention'), after it was opened for signature at a conference organised under the Italian Presidency of the CoE's Committee of Ministers. In particular, the CoE outlined that the Second Additional Protocol aims to bring the Budapest Convention up to date with current technological challenges, so that it remains the most relevant and effective international framework for combating cybercrime. More specifically, the CoE highlighted that the protocol responds to the need for greater and more efficient cooperation between States themselves, and between the States and the private sector, providing for the following, among other things:

  • a legal basis for disclosure of domain name registration information and for direct co-operation with service providers for subscriber information;
  • effective means to obtain subscriber information and traffic data;
  • immediate co-operation in emergencies;
  • mutual assistance tools; and
  • personal data protection safeguards.

The Second Additional Protocol to the Budapest Convention has been signed by the following CoE Member States: Austria, Belgium, Bulgaria, Estonia, Finland, Iceland, Italy, Lithuania, Luxembourg, Montenegro, Netherlands, North Macedonia, Portugal, Romania, Serbia, Spain, and Sweden. In addition, the Second Additional Protocol was signed by the following non-CoE Member States: Chile, Colombia, Japan, Morocco, and United States.

The CoE further clarified that the Second Additional Protocol will enter into force once ratified by five States.

You can read the press release here, the list of signatories here, and the Second Additional Protocol here