Status regarding Budapest Convention
Status : Party Declarations and reservations : Declaration on articles 35, 29, 27 and 24. Reservation on articles 9, 6, 2, 14 and 11 See legal profileCybercrime policies/strategies
Andorra has not yet adopted a cybercrime strategy.
Cybercrime legislation
State of cybercrime legislation
The Criminal Code of Andorra contains substantive legal framework, addressing system interference, computer fraud and forgery, data interference.
Substantive law
The Criminal Code contains provisions on:
- Art. 155, 156, 157and 157 bis offences related to child pornography;
- Art. 182 Discovery of documentary secrets, offences against the confidentiality, integrity and availability of computer data and systems- illegal access
- Art. 183 Illegal interception
- Art. 184 Data interference
- Art. 210; Art. 212 Computer- related fraud;
- Art. 225: Data interference
- Art. 226: Attempting of damages
- Art. 229, 230, 231, 232: Offences related to infringements of copyright and related rights.
- Art. 435 Computer-related forgery
- Art. 446 and Art. 447: misuse of devices and “computer system”, “computer data”, “service provider”, “traffic data”. Computer related forgery.
Procedural law
Related laws and regulations
- Law 15/2003 of 18 December – concerns the protection of personal data.
- Law 6/2009 of 29 December – on electronic signatures
- Law 20/2014 of 16 October – regulates electronic contracting and operators that develop their economic activity in a digital space
- Law 35/2014, of 27 November - on electronic trust services.
- Law on International Criminal Cooperation and the Fight against Money Laundering or Securities Product of International Crime and on the Financing of Terrorism of 29 December 2000
Conventions:
- Andorra is a State Party of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28/01/1981 and of the Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows of 08/11/2001.
- Andorra has also signed on 28/01/2019, but not yet ratified, the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 10/10/2018.
Specialised institutions
- The Crimnal Division of the Andorran Police – The Division is the leading law enforcement unit for criminal investigations.
- Data Protection Agency of Andorra - Tasked with giving instructions and recommendations to adapt principles of data processing to the legislation in force regarding the protection of personal data. (Source: https://cyberpolicyportal.org/en/states/andorra)
- Oficina de Serveis de Confiança Electrònica (OSCEPA) - The purpose is to establish safe electronic interactions between citizens, companies, and the public administration
International cooperation
Competent authorities and channels
The Ministry of Justice is the competent authority in charge of the MLA in criminal and civil matters. The Ministry of Foreign Affairs is in charge when the diplomatic channel is used (international rogatory commissions).
Practical guides, templates and best practices
Andorra doesn’t have the MLAT (Mutual Legal Assistance) agreement to get the data quickly regarding investigations; those foreign the Principality are requested through CRI, after to get the judicial authority of the investigation judge.
Specific procedures and best practices for International Cooperation
Jurisprudence/case law
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.
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- Cybercrime website
- Template: Mutual Legal Assistance Request for subscriber information (Art. 31 Budapest Convention). English and bilingual versions available.
- Template: Data Preservation Request (Articles 29 and 30 Budapest Convention). English and bilingual versions available.