The new joint project of the European Union and the Council of Europe – CyberSPEX – was launched on the 20-21 June 2024, in Strasbourg, following the 30th plenary of the Cybercrime Convention Committee (T-CY) and gathered representatives of 22 EU member States, including the European Commission, EUROJUST, EUROPOL and SIRIUS project.
The European Commission and the Council of Europe through its Cybercrime Programme Office (C-PROC) agreed to join forces in view of enhancing co-operation on cybercrime and electronic evidence between EU member States by contributing to the implementation and ratification of the Second Additional Protocol which builds upon already existing framework of international co-operation under the Convention on Cybercrime (Budapest Convention).
In August 2023, the European Union’s Regulation EU 2023/1543 on European Production Orders and European Preservation Orders for electronic evidence entered into force. It was complemented by the Directive EU 2023/1544 on rules for designated establishments and legal representatives for the gathering of electronic evidence. The Regulation will become applicable as of 17 August 2026 and the Directive as of 17 February 2026.
CyberSPEX project started in March 2024 with a duration of two years and is designed to assist cooperation within EU member states and between Parties to the Convention on Cybercrime in the process of drafting, ratifying, and implementing domestic legislative changes in line with the new European Regulation together with the Directive and the Second Additional Protocol to the Convention on Cybercrime.
The event provided an opportunity to familiarise EU member States with the CyberSPEX project, share experience on the status of implementation of the Second Protocol, identify needs for support and activities to be further implemented.
Furthermore, clarifications were provided on legislative solutions under consideration by EUmember States for provisions under articles 6, 7,8, and 9 of the Second Protocol into domestic law, concerning direct cooperation and cooperation in emergencies. Additionally, representatives of the EU member States together with representatives of EUROJUST, EUROPOL, EJCN and SIRIUS project brought into discussion the different stages and early mechanisms of drafting or readapting domestic legislation on handling electronic evidence.
As a result, agreements were reached regarding the support to be provided through the CyberSPEX project to the EU member States in their domestic process for the implementation of the Second Protocol and to continue the cooperation with the EU agencies for developing the tools (guides, templates, training materials) envisaged by the project.
CyberSPEX project webpage
Convention on Cybercrime (Budapest Convention)
Second Additional Protocol to the Convention on Cybercrime
