Second Additional Protocol to the Cybercrime Convention on enhanced co-operation and disclosure of electronic evidence (CETS No. 224) 

Official text and translations

  Treaty Office: English Second Additional Protocol

  Treaty Office: French Second Additional Protocol

  Treaty Office: Official and non-official languages

Council of Europe Publications

 PDF Booklets (Convention, Protocols and Guidance notes ) EN / FR / ES / PT / ARA

 Special edition of the Second Additional Protocol  

While cybercrime is proliferating and the complexity of obtaining electronic evidence that may be stored in foreign, multiple, shifting or unknown jurisdictions is increasing, the powers of law enforcement are limited by territorial boundaries. As a result, only a very small share of cybercrime that is reported to criminal justice authorities is leading to prosecutions or court decisions.

The Protocol responds to this challenge and provides tools for enhanced co-operation and disclosure of electronic evidence - such as direct cooperation with service providers and registrars, effective means to obtain subscriber information and traffic data, immediate co-operation in emergencies or joint investigations - that are subject to a system of human rights and rule of law, including data protection safeguards.

What is the Second additional Protocol?


 

  • Watch the video in FR or  ES

Tools of the Second Additional Protocol


  • Direct requests to registrars in other jurisdictions to obtain domain name registration information
  • Direct co-operation with service providers in other jurisdictions to obtain subscriber information
  • More effective means to obtain subscriber information and traffic data through government-to-government co-operation
  • Expeditious co-operation in emergency situations
  • Joint investigation teams and joint investigations
  • Video conferencing
  • A strong system of human rights and rule of law safeguards, including for the protection of personal data
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Back CyberSPEX: T-CY meeting with industry and service providers on the procedures enhancing direct cooperation under the Second Additional Protocol to the Convention on Cybercrime

CyberSPEX: T-CY meeting with industry and service providers on the procedures enhancing direct cooperation under the Second Additional Protocol to the Convention on Cybercrime

The Secretariat of the Cybercrime Convention Committee (T-CY), in cooperation with the CyberSPEX project, organised on 10 December 2024 an exchange with Parties to the Convention on Cybercrime (Budapest Convention), service providers and industry. The meeting focused on the key provisions of the Second Additional Protocol (2AP) for which public/private cooperation is essential, that is on articles 6 (on domain name registration information) and article 7 (on the direct disclosure of subscriber information).

The event, held at the Council of Europe’s Palais de l’Europe in Strasbourg and online, brought together representatives from service providers, registrars, registries, and other industry stakeholders, along with EU agencies, INTERPOL, ICANN and members of the Cybercrime Convention Committee. It facilitated a better understanding of procedures for enhanced cooperation under the Second Protocol but also of challenges faced by industry in the application of these tools. Participants underlined the need to continue this type of dialogue.

The meeting was part of a broader effort undertaken by the CyberSPEX project to support EU member states in signing, ratifying, and implementing the Second Protocol. Other projects of the Council of Europe’s Cybercrime Programme Office (C-PROC) are available to assist also other countries in the implementation of this Protocol.


 Cybercrime Convention (Budapest Convention)

 Second Additional Protocol to the Convention on Cybercrime, on enhanced co-operation and disclosure of electronic evidence

 Explanatory Report to the Second Additional Protocol to the Convention on Cybercrime

 Cybercrime Programme Office (C-PROC)

 CyberSPEX Project

 Cybercrime Convention Committee (T-CY)

Strasbourg, France 10 December 2024
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In brief

49

signatories in total*


2

countries have ratified the Protocol (out of the 49 signatories)*

See the full list on the Treaty Office webpage

timeline

  27 March 2025

Latvia becomes the 49th State to sign the Second Additional Protocol


12 December 2024

Peru becomes the 48th State to sign the Second Additional Protocol


24 September 2024

Paraguay becomes the 47th State to sign the Second Additional Protocol


20 June 2024

 Czechia and Sierra Leone become the 45th and 46th States to sign the Second Additional Protocol


17 June 2024

 Georgia becomes the 44th State to sign the Second Additional Protocol


16 November 2023

 Armenia becomes the 43th State to sign the Second Additional Protocol


28 June 2023

 Hungary, Cabo Verde and Ghana become 40th, 41rst and 42nd states to sign the Second Additional Protocol


22 June 2023

 Malta becomes the 39th State to sign the Second Additional Protocol


20 June 2023

 Canada becomes the 38th State to sign the Second Additional Protocol


31 May 2023

 Mauritius becomes the 37th State to sign the Second Additional Protocol


27 February 2023

Albania becomes the 36th State to sign the Second Additional Protocol


16 February 2023

Argentina becomes the 35th State to sign the Second Additional Protocol


30 January 2023

The Dominican Republic becomes the 34th State to sign the Second Additional Protocol


 27 January 2023

France and Germany become the 32nd and 33rd signatories


 20 January 2023

Greece becomes the 31rst signatory


 30 November 2022
 6 Parties sign the Second additional Protocol [Croatia, Moldova, Slovenia, Sri Lanka, Ukraine and the United Kingdom]


 13 June 2022
Costa Rica becomes 24th signatory


20 May 2022
Andorra becomes 23rd signatory


12 May 2022
 22 Parties sign the Second additional Protocol at the opening for signature conference [Austria, Belgium, Bulgaria, Chile, Colombia, Estonia, Finland, Iceland, Italy, Japan, Lithuania, Luxembourg, Montenegro, Morocco, Netherlands, North Macedonia, Portugal, Romania, Serbia, Spain, Sweden and the United States of America]


 17 November 2021
 The Second additional Protocol is adopted by the Committee of Ministers

 
#cyber2AP

Opening for signature, 12 May 2022

Watch the videos of the event, scroll through the photo gallery and read all of our resources from panel members on the event page