Budapest Convention
Council of Europe Convention on Cybercrime (Budapest Convention, ETS No. 185)
The first international treaty on cybercrime. It harmonises the offences countries criminalise, gives investigators procedural powers and sets up international cooperation, including a 24/7 contact network.
In force: Opened for signature November 2001; in force since 2004; a Second Additional Protocol on electronic evidence was opened for signature in 2022
Who it applies to
States that ratify or accede to it, including many countries outside Europe. Obligations reach organisations through each party's national law.
Key requirements
- Criminalise offences against the confidentiality, integrity and availability of computer data and systems, such as illegal access and system interference.
- Criminalise computer-related forgery and fraud, child sexual abuse material and certain copyright offences.
- Provide procedural powers such as expedited preservation of stored data, production orders, and search and seizure.
- Provide mutual legal assistance and maintain a 24/7 point of contact.
Breach and incident notification
Not a notification instrument. It covers criminal law and cooperation between states.
Penalties
Each party sets penalties in national law, which must be effective, proportionate and dissuasive.
Related frameworks
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Official source
Council of Europe: The Budapest ConventionNot legal advice
This is a study summary, not legal advice. Laws and their guidance change, and obligations depend on your facts and jurisdiction. Check the official source and the current, dated text, and consult a qualified lawyer before acting.