Recommendation for a Decision authorising the participation in negotiations on a second Additional Protocol to the Council of Europe Convention on Cybercrime (CETS No. 185)

Summary:

Recommendation presented on 5 February 2019 by the European Commission on the opening of international negotiations on cross-border rules to obtain electronic evidence.

Further information:

Following up on the European Council conclusions from October 2018, the European Commission proposed on 5 February 2019 the adoption of a mandate to participate in the negotiations in the Council of Europe on a second additional protocol to the Cybercrime Convention. The Convention on Cybercrime (CETS No. 185) provides a comprehensive framework for cooperation against cybercrime for over 60 countries. The Second Additional Protocol, once in place, aims to further strengthen this international cooperation including on obtaining access to electronic evidence, enhancing mutual legal assistance and setting up joint investigations.

A mandate to participate in negotiations on behalf of the European Union and its Member States aims to ensure:

• Compatibility of the Protocol with current and future EU law, including in the area of cross-border access to electronic evidence;
• Enhanced international cooperation through more effective mutual legal assistance, including simplified requests, and setting up joint investigations teams;
• Direct cooperation of law enforcement with service providers in other jurisdictions;
• Stronger safeguards for the protection of personal data and national practices on cross-border access to data.

The Council of the European Union adopted on 6 June the proposed mandate authorising the Commission to participate in the negotiations on behalf of the European Union (EU). Negotiations were launched in the context of the Council of Europe back in 2017.

Official

European Commission: Press Release, 05/02/2019: Security Union: Commission recommends negotiating international rules for obtaining electronic evidence http://europa.eu/rapid/press-release_IP-19-843_en.htm

European Commission: Fact Sheet, 05/02/2019: Mandate for the Second Additional Protocol to the Budapest Convention [Q&A] http://europa.eu/rapid/press-release_MEMO-19-865_en.htm

Council of the European Union: Press Release, 06/06/2019: Council gives mandate to Commission to negotiate international agreements on e-evidence in criminal matters https://www.consilium.europa.eu/en/press/press-releases/2019/06/06/council-gives-mandate-to-commission-to-negotiate-international-agreements-on-e-evidence-in-criminal-matters/

Council of the European Union: Addendum to Decision - Negotiating Directive https://data.consilium.europa.eu/doc/document/ST-9664-2019-INIT/en/pdf

European Commission: Press Release, 06/06/2019: Security Union: Commission receives mandate to start negotiating international rules for obtaining electronic evidence http://europa.eu/rapid/press-release_IP-19-2891_en.htm

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