Cybercrime
European Treaty Series – No. 185
CONVENTION ON CYBERCRIME
Budapest, 23.XI.2001
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Preamble
The member States of the Council of Europe and the other States signatory hereto,
Considering that the aim of the Council of Europe is to achieve a greater unity between
its members;
Recognising the value of fostering co-operation with the other States parties to this
Convention;
Convinced of the need to pursue, as a matter of priority, a common criminal policy
aimed at the protection of society against cybercrime, inter alia, by adopting appropriate
legislation and fostering international co-operation;
Conscious of the profound changes brought about by the digitalisation, convergence and
continuing globalisation of computer networks;
Concerned by the risk that computer networks and electronic information may also be
used for committing criminal offences and that evidence relating to such offences may be
stored and transferred by these networks;
Recognising the need for co-operation between States and private industry in combating
cybercrime and the need to protect legitimate interests in the use and development of
information technologies;
Believing that an effective fight against cybercrime requires increased, rapid and wellfunctioning
international co-operation in criminal matters;
Convinced that the present Convention is necessary to deter action directed against the
confidentiality, integrity and availability of computer systems, networks and computer
data as well as the misuse of such systems, networks and data by providing for the
criminalisation of such conduct, as described in this Convention, and the adoption of
powers sufficient for effectively combating such criminal offences, by facilitating their
detection, investigation and prosecution at both the domestic and international levels
and by providing arrangements for fast and reliable international co-operation;
Mindful of the need to ensure a proper balance between the interests of law enforcement
and respect for fundamental human rights as enshrined in the 1950 Council of Europe
Convention for the Protection of Human Rights and Fundamental Freedoms, the 1966
United Nations International Covenant on Civil and Political Rights and other applicable
international human rights treaties, which reaffirm the right of everyone to hold
opinions without interference, as well as the right to freedom of expression, including
the freedom to seek, receive, and impart information and ideas of all kinds, regardless of
frontiers, and the rights concerning the respect for privacy;
Mindful also of the right to the protection of personal data, as conferred, for example, by
the 1981 Council of Europe Convention for the Protection of Individuals with regard to
Automatic Processing of Personal Data;
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Considering the 1989 United Nations Convention on the Rights of the Child and the 1999
International Labour Organization Worst Forms of Child Labour Convention;
Taking into account the existing Council of Europe conventions on co-operation in the
penal field, as well as similar treaties which exist between Council of Europe member
States and other States, and stressing that the present Convention is intended to
supplement those conventions in order to make criminal investigations and proceedings
concerning criminal offences related to computer systems and data more effective and to
enable the collection of evidence in electronic form of a criminal offence;
Welcoming recent developments which further advance international understanding
and co-operation in combating cybercrime, including action taken by the United
Nations, the OECD, the European Union and the G8;
Recalling Committee of Ministers Recommendations No. R (85) 10 concerning the
practical application of the European Convention on Mutual Assistance in Criminal
Matters in respect of letters rogatory for the interception of telecommunications, No. R
(88) 2 on piracy in the field of copyright and neighbouring rights, No. R (87) 15
regulating the use of personal data in the police sector, No. R (95) 4 on the protection of
personal data in the area of telecommunication services, with particular reference to
telephone services, as well as No. R (89) 9 on computer-related crime providing
guidelines for national legislatures concerning the definition of certain computer crimes
and No. R (95) 13 concerning problems of criminal procedural law connected with
information technology;
Having regard to Resolution No. 1 adopted by the European Ministers of Justice at their
21st Conference (Prague, 10 and 11 June 1997), which recommended that the Committee
of Ministers support the work on cybercrime carried out by the European Committee on
Crime Problems (CDPC) in order to bring domestic criminal law provisions closer to
each other and enable the use of effective means of investigation into such offences, as
well as to Resolution No. 3 adopted at the 23rd Conference of the European Ministers of
Justice (London, 8 and 9 June 2000), which encouraged the negotiating parties to pursue
their efforts with a view to finding appropriate solutions to enable the largest possible
number of States to become parties to the Convention and acknowledged the need for a
swift and efficient system of international co-operation, which duly takes into account
the specific requirements of the fight against cybercrime;
Having also regard to the Action Plan adopted by the Heads of State and Government of
the Council of Europe on the occasion of their Second Summit (Strasbourg, 10 and
11 October 1997), to seek common responses to the development of the new information
technologies based on the standards and values of the Council of Europe;
Have agreed as follows:
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Chapter I – Use of terms
Article 1 – Definitions
For the purposes of this Convention:
a “computer system” means any device or a group of interconnected or related
devices, one or more of which, pursuant to a program, performs automatic
processing of data;
b “computer data” means any representation of facts, information or concepts in a
form suitable for processing in a computer system, including a program suitable
to cause a computer system to perform a function;
c “service provider” means:
i any public or private entity that provides to users of its service the ability to
communicate by means of a computer system, and
ii any other entity that processes or stores computer data on behalf of such
communication service or users of such service;
d “traffic data” means any computer data relating to a communication by means of
a computer system, generated by a computer system that formed a part in the
chain of communication, indicating the communication’s origin, destination,
route, time, date, size, duration, or type of underlying service.
Chapter II – Measures to be taken at the national level
Section 1 – Substantive criminal law
Title 1 – Offences against the confidentiality, integrity and availability
of computer data and systems
Article 2 – Illegal access
Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences under its domestic law, when committed intentionally, the
access to the whole or any part of a computer system without right. A Party may require
that the offence be committed by infringing security measures, with the intent of
obtaining computer data or other dishonest intent, or in relation to a computer system
that is connected to another computer system.
Article 3 – Illegal interception
Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences under its domestic law, when committed intentionally, the
interception without right, made by technical means, of non-public transmissions of
computer data to, from or within a computer system, including electromagnetic
emissions from a computer system carrying such computer data. A Party may require
that the offence be committed with dishonest intent, or in relation to a computer system
that is connected to another computer system.
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Article 4 – Data interference
1 Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences under its domestic law, when committed intentionally, the
damaging, deletion, deterioration, alteration or suppression of computer data without
right.
2 A Party may reserve the right to require that the conduct described in paragraph 1 result
in serious harm.
Article 5 – System interference
Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences under its domestic law, when committed intentionally, the
serious hindering without right of the functioning of a computer system by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer data.
Article 6 – Misuse of devices
1 Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences under its domestic law, when committed intentionally and
without right:
a the production, sale, procurement for use, import, distribution or otherwise
making available of:
i a device, including a computer program, designed or adapted primarily for
the purpose of committing any of the offences established in accordance
with the above Articles 2 through 5;
ii a computer password, access code, or similar data by which the whole or
any part of a computer system is capable of being accessed,
with intent that it be used for the purpose of committing any of the offences
established in Articles 2 through 5; and
b the possession of an item referred to in paragraphs a.i or ii above, with intent that
it be used for the purpose of committing any of the offences established in
Articles 2 through 5. A Party may require by law that a number of such items be
possessed before criminal liability attaches.
2 This article shall not be interpreted as imposing criminal liability where the production,
sale, procurement for use, import, distribution or otherwise making available or
possession referred to in paragraph 1 of this article is not for the purpose of committing
an offence established in accordance with Articles 2 through 5 of this Convention, such
as for the authorised testing or protection of a computer system.
3 Each Party may reserve the right not to apply paragraph 1 of this article, provided that
the reservation does not concern the sale, distribution or otherwise making available of
the items referred to in paragraph 1 a.ii of this article.
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Title 2 – Computer-related offences
Article 7 – Computer-related forgery
Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences under its domestic law, when committed intentionally and
without right, the input, alteration, deletion, or suppression of computer data, resulting
in inauthentic data with the intent that it be considered or acted upon for legal purposes
as if it were authentic, regardless whether or not the data is directly readable and
intelligible. A Party may require an intent to defraud, or similar dishonest intent, before
criminal liability attaches.
Article 8 – Computer-related fraud
Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences under its domestic law, when committed intentionally and
without right, the causing of a loss of property to another person by:
a any input, alteration, deletion or suppression of computer data;
b any interference with the functioning of a computer system,
with fraudulent or dishonest intent of procuring, without right, an economic benefit for
oneself or for another person.
Title 3 – Content-related offences
Article 9 – Offences related to child pornography
1 Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences under its domestic law, when committed intentionally and
without right, the following conduct:
a producing child pornography for the purpose of its distribution through a
computer system;
b offering or making available child pornography through a computer system;
c distributing or transmitting child pornography through a computer system;
d procuring child pornography through a computer system for oneself or for
another person;
e possessing child pornography in a computer system or on a computer-data
storage medium.
2 For the purpose of paragraph 1 above, the term “child pornography” shall include
pornographic material that visually depicts:
a a minor engaged in sexually explicit conduct;
b a person appearing to be a minor engaged in sexually explicit conduct;
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c realistic images representing a minor engaged in sexually explicit conduct.
3 For the purpose of paragraph 2 above, the term “minor” shall include all persons under
18 years of age. A Party may, however, require a lower age-limit, which shall be not less
than 16 years.
4 Each Party may reserve the right not to apply, in whole or in part, paragraphs 1, subparagraphs
d. and e, and 2, sub-paragraphs b. and c.
Title 4 – Offences related to infringements of copyright and related rights
Article 10 – Offences related to infringements of copyright and related rights
1 Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences under its domestic law the infringement of copyright, as
defined under the law of that Party, pursuant to the obligations it has undertaken under
the Paris Act of 24 July 1971 revising the Bern Convention for the Protection of Literary
and Artistic Works, the Agreement on Trade-Related Aspects of Intellectual Property
Rights and the WIPO Copyright Treaty, with the exception of any moral rights conferred
by such conventions, where such acts are committed wilfully, on a commercial scale and
by means of a computer system.
2 Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences under its domestic law the infringement of related rights,
as defined under the law of that Party, pursuant to the obligations it has undertaken
under the International Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organisations (Rome Convention), the Agreement on
Trade-Related Aspects of Intellectual Property Rights and the WIPO Performances and
Phonograms Treaty, with the exception of any moral rights conferred by such
conventions, where such acts are committed wilfully, on a commercial scale and by
means of a computer system.
3 A Party may reserve the right not to impose criminal liability under paragraphs 1 and 2
of this article in limited circumstances, provided that other effective remedies are
available and that such reservation does not derogate from the Party’s international
obligations set forth in the international instruments referred to in paragraphs 1 and 2 of
this article.
Title 5 – Ancillary liability and sanctions
Article 11 – Attempt and aiding or abetting
1 Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences under its domestic law, when committed intentionally,
aiding or abetting the commission of any of the offences established in accordance with
Articles 2 through 10 of the present Convention with intent that such offence be
committed.
2 Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences under its domestic law, when committed intentionally, an
attempt to commit any of the offences established in accordance with Articles 3 through
5, 7, 8, and 9.1.a and c. of this Convention.
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3 Each Party may reserve the right not to apply, in whole or in part, paragraph 2 of this
article.
Article 12 – Corporate liability
1 Each Party shall adopt such legislative and other measures as may be necessary to
ensure that legal persons can be held liable for a criminal offence established in
accordance with this Convention, committed for their benefit by any natural person,
acting either individually or as part of an organ of the legal person, who has a leading
position within it, based on:
a a power of representation of the legal person;
b an authority to take decisions on behalf of the legal person;
c an authority to exercise control within the legal person.
2 In addition to the cases already provided for in paragraph 1 of this article, each Party
shall take the measures necessary to ensure that a legal person can be held liable where
the lack of supervision or control by a natural person referred to in paragraph 1 has
made possible the commission of a criminal offence established in accordance with this
Convention for the benefit of that legal person by a natural person acting under its
authority.
3 Subject to the legal principles of the Party, the liability of a legal person may be criminal,
civil or administrative.
4 Such liability shall be without prejudice to the criminal liability of the natural persons
who have committed the offence.
Article 13 – Sanctions and measures
1 Each Party shall adopt such legislative and other measures as may be necessary to
ensure that the criminal offences established in accordance with Articles 2 through 11 are
punishable by effective, proportionate and dissuasive sanctions, which include
deprivation of liberty.
2 Each Party shall ensure that legal persons held liable in accordance with Article 12 shall
be subject to effective, proportionate and dissuasive criminal or non-criminal sanctions
or measures, including monetary sanctions.
Section 2 – Procedural law
Title 1 – Common provisions
Article 14 – Scope of procedural provisions
1 Each Party shall adopt such legislative and other measures as may be necessary to
establish the powers and procedures provided for in this section for the purpose of
specific criminal investigations or proceedings.
2 Except as specifically provided otherwise in Article 21, each Party shall apply the powers
and procedures referred to in paragraph 1 of this article to:
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a the criminal offences established in accordance with Articles 2 through 11 of this
Convention;
b other criminal offences committed by means of a computer system; and
c the collection of evidence in electronic form of a criminal offence.
3 a Each Party may reserve the right to apply the measures referred to in Article 20
only to offences or categories of offences specified in the reservation, provided
that the range of such offences or categories of offences is not more restricted than
the range of offences to which it applies the measures referred to in Article 21.
Each Party shall consider restricting such a reservation to enable the broadest
application of the measure referred to in Article 20.
b Where a Party, due to limitations in its legislation in force at the time of the
adoption of the present Convention, is not able to apply the measures referred to
in Articles 20 and 21 to communications being transmitted within a computer
system of a service provider, which system:
i is being operated for the benefit of a closed group of users, and
ii does not employ public communications networks and is not connected
with another computer system, whether public or private,
that Party may reserve the right not to apply these measures to such
communications. Each Party shall consider restricting such a reservation to enable
the broadest application of the measures referred to in Articles 20 and 21.
Article 15 – Conditions and safeguards
1 Each Party shall ensure that the establishment, implementation and application of the
powers and procedures provided for in this Section are subject to conditions and
safeguards provided for under its domestic law, which shall provide for the adequate
protection of human rights and liberties, including rights arising pursuant to obligations
it has undertaken under the 1950 Council of Europe Convention for the Protection of
Human Rights and Fundamental Freedoms, the 1966 United Nations International
Covenant on Civil and Political Rights, and other applicable international human rights
instruments, and which shall incorporate the principle of proportionality.
2 Such conditions and safeguards shall, as appropriate in view of the nature of the
procedure or power concerned, inter alia, include judicial or other independent
supervision, grounds justifying application, and limitation of the scope and the duration
of such power or procedure.
3 To the extent that it is consistent with the public interest, in particular the sound
administration of justice, each Party shall consider the impact of the powers and
procedures in this section upon the rights, responsibilities and legitimate interests of
third parties.
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Title 2 – Expedited preservation of stored computer data
Article 16 – Expedited preservation of stored computer data
1 Each Party shall adopt such legislative and other measures as may be necessary to enable
its competent authorities to order or similarly obtain the expeditious preservation of
specified computer data, including traffic data, that has been stored by means of a
computer system, in particular where there are grounds to believe that the computer
data is particularly vulnerable to loss or modification.
2 Where a Party gives effect to paragraph 1 above by means of an order to a person to
preserve specified stored computer data in the person’s possession or control, the Party
shall adopt such legislative and other measures as may be necessary to oblige that
person to preserve and maintain the integrity of that computer data for a period of time
as long as necessary, up to a maximum of ninety days, to enable the competent
authorities to seek its disclosure. A Party may provide for such an order to be
subsequently renewed.
3 Each Party shall adopt such legislative and other measures as may be necessary to oblige
the custodian or other person who is to preserve the computer data to keep confidential
the undertaking of such procedures for the period of time provided for by its domestic
law.
4 The powers and procedures referred to in this article shall be subject to Articles 14
and 15.
Article 17 – Expedited preservation and partial disclosure of traffic data
1 Each Party shall adopt, in respect of traffic data that is to be preserved under Article 16,
such legislative and other measures as may be necessary to:
a ensure that such expeditious preservation of traffic data is available regardless of
whether one or more service providers were involved in the transmission of that
communication; and
b ensure the expeditious disclosure to the Party’s competent authority, or a person
designated by that authority, of a sufficient amount of traffic data to enable the
Party to identify the service providers and the path through which the
communication was transmitted.
2 The powers and procedures referred to in this article shall be subject to Articles 14
and 15.
Title 3 – Production order
Article 18 – Production order
1 Each Party shall adopt such legislative and other measures as may be necessary to
empower its competent authorities to order:
a a person in its territory to submit specified computer data in that person’s
possession or control, which is stored in a computer system or a computer-data
storage medium; and
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b a service provider offering its services in the territory of the Party to submit
subscriber information relating to such services in that service provider’s
possession or control.
2 The powers and procedures referred to in this article shall be subject to Articles 14
and 15.
3 For the purpose of this article, the term “subscriber information” means any information
contained in the form of computer data or any other form that is held by a service
provider, relating to subscribers of its services other than traffic or content data and by
which can be established:
a the type of communication service used, the technical provisions taken thereto
and the period of service;
b the subscriber’s identity, postal or geographic address, telephone and other access
number, billing and payment information, available on the basis of the service
agreement or arrangement;
c any other information on the site of the installation of communication equipment,
available on the basis of the service agreement or arrangement.
Title 4 – Search and seizure of stored computer data
Article 19 – Search and seizure of stored computer data
1 Each Party shall adopt such legislative and other measures as may be necessary to
empower its competent authorities to search or similarly access:
a a computer system or part of it and computer data stored therein; and
b a computer-data storage medium in which computer data may be stored
in its territory.
2 Each Party shall adopt such legislative and other measures as may be necessary to
ensure that where its authorities search or similarly access a specific computer system or
part of it, pursuant to paragraph 1.a, and have grounds to believe that the data sought is
stored in another computer system or part of it in its territory, and such data is lawfully
accessible from or available to the initial system, the authorities shall be able to
expeditiously extend the search or similar accessing to the other system.
3 Each Party shall adopt such legislative and other measures as may be necessary to
empower its competent authorities to seize or similarly secure computer data accessed
according to paragraphs 1 or 2. These measures shall include the power to:
a seize or similarly secure a computer system or part of it or a computer-data
storage medium;
b make and retain a copy of those computer data;
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c maintain the integrity of the relevant stored computer data;
d render inaccessible or remove those computer data in the accessed computer
system.
4 Each Party shall adopt such legislative and other measures as may be necessary to
empower its competent authorities to order any person who has knowledge about the
functioning of the computer system or measures applied to protect the computer data
therein to provide, as is reasonable, the necessary information, to enable the undertaking
of the measures referred to in paragraphs 1 and 2.
5 The powers and procedures referred to in this article shall be subject to Articles 14
and 15.
Title 5 – Real-time collection of computer data
Article 20 – Real-time collection of traffic data
1 Each Party shall adopt such legislative and other measures as may be necessary to
empower its competent authorities to:
a collect or record through the application of technical means on the territory of that
Party, and
b compel a service provider, within its existing technical capability:
i to collect or record through the application of technical means on the
territory of that Party; or
ii to co-operate and assist the competent authorities in the collection or
recording of,
traffic data, in real-time, associated with specified communications in its territory
transmitted by means of a computer system.
2 Where a Party, due to the established principles of its domestic legal system, cannot
adopt the measures referred to in paragraph 1.a, it may instead adopt legislative and
other measures as may be necessary to ensure the real-time collection or recording of
traffic data associated with specified communications transmitted in its territory,
through the application of technical means on that territory.
3 Each Party shall adopt such legislative and other measures as may be necessary to oblige
a service provider to keep confidential the fact of the execution of any power provided
for in this article and any information relating to it.
4 The powers and procedures referred to in this article shall be subject to Articles 14
and 15.
Article 21 – Interception of content data
1 Each Party shall adopt such legislative and other measures as may be necessary, in
relation to a range of serious offences to be determined by domestic law, to empower its
competent authorities to:
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a collect or record through the application of technical means on the territory of that
Party, and
b compel a service provider, within its existing technical capability:
i to collect or record through the application of technical means on the
territory of that Party, or
ii to co-operate and assist the competent authorities in the collection or
recording of,
content data, in real-time, of specified communications in its territory transmitted by
means of a computer system.
2 Where a Party, due to the established principles of its domestic legal system, cannot
adopt the measures referred to in paragraph 1.a, it may instead adopt legislative and
other measures as may be necessary to ensure the real-time collection or recording of
content data on specified communications in its territory through the application of
technical means on that territory.
3 Each Party shall adopt such legislative and other measures as may be necessary to oblige
a service provider to keep confidential the fact of the execution of any power provided
for in this article and any information relating to it.
4 The powers and procedures referred to in this article shall be subject to Articles 14
and 15.
Section 3 – Jurisdiction
Article 22 – Jurisdiction
1 Each Party shall adopt such legislative and other measures as may be necessary to
establish jurisdiction over any offence established in accordance with Articles 2
through 11 of this Convention, when the offence is committed:
a in its territory; or
b on board a ship flying the flag of that Party; or
c on board an aircraft registered under the laws of that Party; or
d by one of its nationals, if the offence is punishable under criminal law where it
was committed or if the offence is committed outside the territorial jurisdiction of
any State.
2 Each Party may reserve the right not to apply or to apply only in specific cases or
conditions the jurisdiction rules laid down in paragraphs 1.b through 1.d of this article or
any part thereof.
3 Each Party shall adopt such measures as may be necessary to establish jurisdiction over
the offences referred to in Article 24, paragraph 1, of this Convention, in cases where an
alleged offender is present in its territory and it does not extradite him or her to another
Party, solely on the basis of his or her nationality, after a request for extradition.
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4 This Convention does not exclude any criminal jurisdiction exercised by a Party in
accordance with its domestic law.
5 When more than one Party claims jurisdiction over an alleged offence established in
accordance with this Convention, the Parties involved shall, where appropriate, consult
with a view to determining the most appropriate jurisdiction for prosecution.
Chapter III – International co-operation
Section 1 – General principles
Title 1 – General principles relating to international co-operation
Article 23 – General principles relating to international co-operation
The Parties shall co-operate with each other, in accordance with the provisions of this
chapter, and through the application of relevant international instruments on
international co-operation in criminal matters, arrangements agreed on the basis of
uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the
purposes of investigations or proceedings concerning criminal offences related to
computer systems and data, or for the collection of evidence in electronic form of a
criminal offence.
Title 2 – Principles relating to extradition
Article 24 – Extradition
1 a This article applies to extradition between Parties for the criminal offences
established in accordance with Articles 2 through 11 of this Convention, provided
that they are punishable under the laws of both Parties concerned by deprivation
of liberty for a maximum period of at least one year, or by a more severe penalty.
b Where a different minimum penalty is to be applied under an arrangement agreed
on the basis of uniform or reciprocal legislation or an extradition treaty, including
the European Convention on Extradition (ETS No. 24), applicable between two or
more parties, the minimum penalty provided for under such arrangement or
treaty shall apply.
2 The criminal offences described in paragraph 1 of this article shall be deemed to be
included as extraditable offences in any extradition treaty existing between or among the
Parties. The Parties undertake to include such offences as extraditable offences in any
extradition treaty to be concluded between or among them.
3 If a Party that makes extradition conditional on the existence of a treaty receives a
request for extradition from another Party with which it does not have an extradition
treaty, it may consider this Convention as the legal basis for extradition with respect to
any criminal offence referred to in paragraph 1 of this article.
4 Parties that do not make extradition conditional on the existence of a treaty shall
recognise the criminal offences referred to in paragraph 1 of this article as extraditable
offences between themselves.
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5 Extradition shall be subject to the conditions provided for by the law of the requested
Party or by applicable extradition treaties, including the grounds on which the requested
Party may refuse extradition.
6 If extradition for a criminal offence referred to in paragraph 1 of this article is refused
solely on the basis of the nationality of the person sought, or because the requested Party
deems that it has jurisdiction over the offence, the requested Party shall submit the case
at the request of the requesting Party to its competent authorities for the purpose of
prosecution and shall report the final outcome to the requesting Party in due course.
Those authorities shall take their decision and conduct their investigations and
proceedings in the same manner as for any other offence of a comparable nature under
the law of that Party.
7 a Each Party shall, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession, communicate to the Secretary
General of the Council of Europe the name and address of each authority
responsible for making or receiving requests for extradition or provisional arrest
in the absence of a treaty.
b The Secretary General of the Council of Europe shall set up and keep updated a
register of authorities so designated by the Parties. Each Party shall ensure that the
details held on the register are correct at all times.
Title 3 – General principles relating to mutual assistance
Article 25 – General principles relating to mutual assistance
1 The Parties shall afford one another mutual assistance to the widest extent possible for
the purpose of investigations or proceedings concerning criminal offences related to
computer systems and data, or for the collection of evidence in electronic form of a
criminal offence.
2 Each Party shall also adopt such legislative and other measures as may be necessary to
carry out the obligations set forth in Articles 27 through 35.
3 Each Party may, in urgent circumstances, make requests for mutual assistance or
communications related thereto by expedited means of communication, including fax or
e-mail, to the extent that such means provide appropriate levels of security and
authentication (including the use of encryption, where necessary), with formal
confirmation to follow, where required by the requested Party. The requested Party shall
accept and respond to the request by any such expedited means of communication.
4 Except as otherwise specifically provided in articles in this chapter, mutual assistance
shall be subject to the conditions provided for by the law of the requested Party or by
applicable mutual assistance treaties, including the grounds on which the requested
Party may refuse co-operation. The requested Party shall not exercise the right to refuse
mutual assistance in relation to the offences referred to in Articles 2 through 11 solely on
the ground that the request concerns an offence which it considers a fiscal offence.
5 Where, in accordance with the provisions of this chapter, the requested Party is
permitted to make mutual assistance conditional upon the existence of dual criminality,
that condition shall be deemed fulfilled, irrespective of whether its laws place the offence
within the same category of offence or denominate the offence by the same terminology
as the requesting Party, if the conduct underlying the offence for which assistance is
sought is a criminal offence under its laws.
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Article 26 – Spontaneous information
1 A Party may, within the limits of its domestic law and without prior request, forward to
another Party information obtained within the framework of its own investigations
when it considers that the disclosure of such information might assist the receiving Party
in initiating or carrying out investigations or proceedings concerning criminal offences
established in accordance with this Convention or might lead to a request for cooperation
by that Party under this chapter.
2 Prior to providing such information, the providing Party may request that it be kept
confidential or only used subject to conditions. If the receiving Party cannot comply with
such request, it shall notify the providing Party, which shall then determine whether the
information should nevertheless be provided. If the receiving Party accepts the
information subject to the conditions, it shall be bound by them.
Title 4 – Procedures pertaining to mutual assistance requests
in the absence of applicable international agreements
Article 27 – Procedures pertaining to mutual assistance requests in the absence of
applicable international agreements
1 Where there is no mutual assistance treaty or arrangement on the basis of uniform or
reciprocal legislation in force between the requesting and requested Parties, the
provisions of paragraphs 2 through 9 of this article shall apply. The provisions of this
article shall not apply where such treaty, arrangement or legislation exists, unless the
Parties concerned agree to apply any or all of the remainder of this article in lieu thereof.
2 a Each Party shall designate a central authority or authorities responsible for
sending and answering requests for mutual assistance, the execution of such
requests or their transmission to the authorities competent for their execution.
b The central authorities shall communicate directly with each other;
c Each Party shall, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession, communicate to the Secretary
General of the Council of Europe the names and addresses of the authorities
designated in pursuance of this paragraph;
d The Secretary General of the Council of Europe shall set up and keep updated a
register of central authorities designated by the Parties. Each Party shall ensure
that the details held on the register are correct at all times.
3 Mutual assistance requests under this article shall be executed in accordance with the
procedures specified by the requesting Party, except where incompatible with the law of
the requested Party.
4 The requested Party may, in addition to the grounds for refusal established in Article 25,
paragraph 4, refuse assistance if:
a the request concerns an offence which the requested Party considers a political
offence or an offence connected with a political offence, or
17 ETS 185 – Convention on Cybercrime, 23.XI.2001
b it considers that execution of the request is likely to prejudice its sovereignty,
security, ordre public or other essential interests.
5 The requested Party may postpone action on a request if such action would prejudice
criminal investigations or proceedings conducted by its authorities.
6 Before refusing or postponing assistance, the requested Party shall, where appropriate
after having consulted with the requesting Party, consider whether the request may be
granted partially or subject to such conditions as it deems necessary.
7 The requested Party shall promptly inform the requesting Party of the outcome of the
execution of a request for assistance. Reasons shall be given for any refusal or
postponement of the request. The requested Party shall also inform the requesting Party
of any reasons that render impossible the execution of the request or are likely to delay it
significantly.
8 The requesting Party may request that the requested Party keep confidential the fact of
any request made under this chapter as well as its subject, except to the extent necessary
for its execution. If the requested Party cannot comply with the request for
confidentiality, it shall promptly inform the requesting Party, which shall then determine
whether the request should nevertheless be executed.
9 a In the event of urgency, requests for mutual assistance or communications related
thereto may be sent directly by judicial authorities of the requesting Party to such
authorities of the requested Party. In any such cases, a copy shall be sent at the
same time to the central authority of the requested Party through the central
authority of the requesting Party.
b Any request or communication under this paragraph may be made through the
International Criminal Police Organisation (Interpol).
c Where a request is made pursuant to sub-paragraph a. of this article and the
authority is not competent to deal with the request, it shall refer the request to the
competent national authority and inform directly the requesting Party that it has
done so.
d Requests or communications made under this paragraph that do not involve
coercive action may be directly transmitted by the competent authorities of the
requesting Party to the competent authorities of the requested Party.
e Each Party may, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession, inform the Secretary General of the
Council of Europe that, for reasons of efficiency, requests made under this
paragraph are to be addressed to its central authority.
Article 28 – Confidentiality and limitation on use
1 When there is no mutual assistance treaty or arrangement on the basis of uniform or
reciprocal legislation in force between the requesting and the requested Parties, the
provisions of this article shall apply. The provisions of this article shall not apply where
such treaty, arrangement or legislation exists, unless the Parties concerned agree to apply
any or all of the remainder of this article in lieu thereof.
2 The requested Party may make the supply of information or material in response to a
request dependent on the condition that it is:
18 ETS 185 – Convention on Cybercrime, 23.XI.2001
a kept confidential where the request for mutual legal assistance could not be
complied with in the absence of such condition, or
b not used for investigations or proceedings other than those stated in the request.
3 If the requesting Party cannot comply with a condition referred to in paragraph 2, it shall
promptly inform the other Party, which shall then determine whether the information
should nevertheless be provided. When the requesting Party accepts the condition, it
shall be bound by it.
4 Any Party that supplies information or material subject to a condition referred to in
paragraph 2 may require the other Party to explain, in relation to that condition, the use
made of such information or material.
Section 2 – Specific provisions
Title 1 – Mutual assistance regarding provisional measures
Article 29 – Expedited preservation of stored computer data
1 A Party may request another Party to order or otherwise obtain the expeditious
preservation of data stored by means of a computer system, located within the territory
of that other Party and in respect of which the requesting Party intends to submit a
request for mutual assistance for the search or similar access, seizure or similar securing,
or disclosure of the data.
2 A request for preservation made under paragraph 1 shall specify:
a the authority seeking the preservation;
b the offence that is the subject of a criminal investigation or proceedings and a brief
summary of the related facts;
c the stored computer data to be preserved and its relationship to the offence;
d any available information identifying the custodian of the stored computer data or
the location of the computer system;
e the necessity of the preservation; and
f that the Party intends to submit a request for mutual assistance for the search or
similar access, seizure or similar securing, or disclosure of the stored computer
data.
3 Upon receiving the request from another Party, the requested Party shall take all
appropriate measures to preserve expeditiously the specified data in accordance with its
domestic law. For the purposes of responding to a request, dual criminality shall not be
required as a condition to providing such preservation.
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4 A Party that requires dual criminality as a condition for responding to a request for
mutual assistance for the search or similar access, seizure or similar securing, or
disclosure of stored data may, in respect of offences other than those established in
accordance with Articles 2 through 11 of this Convention, reserve the right to refuse the
request for preservation under this article in cases where it has reasons to believe that at
the time of disclosure the condition of dual criminality cannot be fulfilled.
5 In addition, a request for preservation may only be refused if:
a the request concerns an offence which the requested Party considers a political
offence or an offence connected with a political offence, or
b the requested Party considers that execution of the request is likely to prejudice its
sovereignty, security, ordre public or other essential interests.
6 Where the requested Party believes that preservation will not ensure the future
availability of the data or will threaten the confidentiality of or otherwise prejudice the
requesting Party’s investigation, it shall promptly so inform the requesting Party, which
shall then determine whether the request should nevertheless be executed.
7 Any preservation effected in response to the request referred to in paragraph 1 shall be
for a period not less than sixty days, in order to enable the requesting Party to submit a
request for the search or similar access, seizure or similar securing, or disclosure of the
data. Following the receipt of such a request, the data shall continue to be preserved
pending a decision on that request.
Article 30 – Expedited disclosure of preserved traffic data
1 Where, in the course of the execution of a request made pursuant to Article 29 to
preserve traffic data concerning a specific communication, the requested Party discovers
that a service provider in another State was involved in the transmission of the
communication, the requested Party shall expeditiously disclose to the requesting Party
a sufficient amount of traffic data to identify that service provider and the path through
which the communication was transmitted.
2 Disclosure of traffic data under paragraph 1 may only be withheld if:
a the request concerns an offence which the requested Party considers a political
offence or an offence connected with a political offence; or
b the requested Party considers that execution of the request is likely to prejudice its
sovereignty, security, ordre public or other essential interests.
Title 2 – Mutual assistance regarding investigative powers
Article 31 – Mutual assistance regarding accessing of stored computer data
1 A Party may request another Party to search or similarly access, seize or similarly secure,
and disclose data stored by means of a computer system located within the territory of
the requested Party, including data that has been preserved pursuant to Article 29.
20 ETS 185 – Convention on Cybercrime, 23.XI.2001
2 The requested Party shall respond to the request through the application of international
instruments, arrangements and laws referred to in Article 23, and in accordance with
other relevant provisions of this chapter.
3 The request shall be responded to on an expedited basis where:
a there are grounds to believe that relevant data is particularly vulnerable to loss or
modification; or
b the instruments, arrangements and laws referred to in paragraph 2 otherwise
provide for expedited co-operation.
Article 32 – Trans-border access to stored computer data with consent or where
publicly available
A Party may, without the authorisation of another Party:
a access publicly available (open source) stored computer data, regardless of where
the data is located geographically; or
b access or receive, through a computer system in its territory, stored computer data
located in another Party, if the Party obtains the lawful and voluntary consent of
the person who has the lawful authority to disclose the data to the Party through
that computer system.
Article 33 – Mutual assistance in the real-time collection of traffic data
1 The Parties shall provide mutual assistance to each other in the real-time collection of
traffic data associated with specified communications in their territory transmitted by
means of a computer system. Subject to the provisions of paragraph 2, this assistance
shall be governed by the conditions and procedures provided for under domestic law.
2 Each Party shall provide such assistance at least with respect to criminal offences for
which real-time collection of traffic data would be available in a similar domestic case.
Article 34 – Mutual assistance regarding the interception of content data
The Parties shall provide mutual assistance to each other in the real-time collection or
recording of content data of specified communications transmitted by means of a
computer system to the extent permitted under their applicable treaties and domestic
laws.
Title 3 – 24/7 Network
Article 35 – 24/7 Network
1 Each Party shall designate a point of contact available on a twenty-four hour, seven-daya-week
basis, in order to ensure the provision of immediate assistance for the purpose of
investigations or proceedings concerning criminal offences related to computer systems
and data, or for the collection of evidence in electronic form of a criminal offence. Such
assistance shall include facilitating, or, if permitted by its domestic law and practice,
directly carrying out the following measures:
a the provision of technical advice;
21 ETS 185 – Convention on Cybercrime, 23.XI.2001
b the preservation of data pursuant to Articles 29 and 30;
c the collection of evidence, the provision of legal information, and locating of
suspects.
2 a A Party’s point of contact shall have the capacity to carry out communications
with the point of contact of another Party on an expedited basis.
b If the point of contact designated by a Party is not part of that Party’s authority or
authorities responsible for international mutual assistance or extradition, the point
of contact shall ensure that it is able to co-ordinate with such authority or
authorities on an expedited basis.
3 Each Party shall ensure that trained and equipped personnel are available, in order to
facilitate the operation of the network.
Chapter IV – Final provisions
Article 36 – Signature and entry into force
1 This Convention shall be open for signature by the member States of the Council of
Europe and by non-member States which have participated in its elaboration.
2 This Convention is subject to ratification, acceptance or approval. Instruments of
ratification, acceptance or approval shall be deposited with the Secretary General of the
Council of Europe.
3 This Convention shall enter into force on the first day of the month following the
expiration of a period of three months after the date on which five States, including at
least three member States of the Council of Europe, have expressed their consent to be
bound by the Convention in accordance with the provisions of paragraphs 1 and 2.
4 In respect of any signatory State which subsequently expresses its consent to be bound
by it, the Convention shall enter into force on the first day of the month following the
expiration of a period of three months after the date of the expression of its consent to be
bound by the Convention in accordance with the provisions of paragraphs 1 and 2.
Article 37 – Accession to the Convention
1 After the entry into force of this Convention, the Committee of Ministers of the Council
of Europe, after consulting with and obtaining the unanimous consent of the Contracting
States to the Convention, may invite any State which is not a member of the Council and
which has not participated in its elaboration to accede to this Convention. The decision
shall be taken by the majority provided for in Article 20.d. of the Statute of the Council of
Europe and by the unanimous vote of the representatives of the Contracting States
entitled to sit on the Committee of Ministers.
2 In respect of any State acceding to the Convention under paragraph 1 above, the
Convention shall enter into force on the first day of the month following the expiration
of a period of three months after the date of deposit of the instrument of accession with
the Secretary General of the Council of Europe.
22 ETS 185 – Convention on Cybercrime, 23.XI.2001
Article 38 – Territorial application
1 Any State may, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, specify the territory or territories to which this
Convention shall apply.
2 Any State may, at any later date, by a declaration addressed to the Secretary General of
the Council of Europe, extend the application of this Convention to any other territory
specified in the declaration. In respect of such territory the Convention shall enter into
force on the first day of the month following the expiration of a period of three months
after the date of receipt of the declaration by the Secretary General.
3 Any declaration made under the two preceding paragraphs may, in respect of any
territory specified in such declaration, be withdrawn by a notification addressed to the
Secretary General of the Council of Europe. The withdrawal shall become effective on
the first day of the month following the expiration of a period of three months after the
date of receipt of such notification by the Secretary General.
Article 39 – Effects of the Convention
1 The purpose of the present Convention is to supplement applicable multilateral or bilateral
treaties or arrangements as between the Parties, including the provisions of:
– the European Convention on Extradition, opened for signature in Paris, on
13 December 1957 (ETS No. 24);
– the European Convention on Mutual Assistance in Criminal Matters, opened for
signature in Strasbourg, on 20 April 1959 (ETS No. 30);
– the Additional Protocol to the European Convention on Mutual Assistance in
Criminal Matters, opened for signature in Strasbourg, on 17 March 1978 (ETS
No. 99).
2 If two or more Parties have already concluded an agreement or treaty on the matters
dealt with in this Convention or have otherwise established their relations on such
matters, or should they in future do so, they shall also be entitled to apply that
agreement or treaty or to regulate those relations accordingly. However, where Parties
establish their relations in respect of the matters dealt with in the present Convention
other than as regulated therein, they shall do so in a manner that is not inconsistent with
the Convention’s objectives and principles.
3 Nothing in this Convention shall affect other rights, restrictions, obligations and
responsibilities of a Party.
23 ETS 185 – Convention on Cybercrime, 23.XI.2001
Article 40 – Declarations
By a written notification addressed to the Secretary General of the Council of Europe,
any State may, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, declare that it avails itself of the possibility of
requiring additional elements as provided for under Articles 2, 3, 6 paragraph 1.b, 7, 9
paragraph 3, and 27, paragraph 9.e.
Article 41 – Federal clause
1 A federal State may reserve the right to assume obligations under Chapter II of this
Convention consistent with its fundamental principles governing the relationship
between its central government and constituent States or other similar territorial entities
provided that it is still able to co-operate under Chapter III.
2 When making a reservation under paragraph 1, a federal State may not apply the terms
of such reservation to exclude or substantially diminish its obligations to provide for
measures set forth in Chapter II. Overall, it shall provide for a broad and effective law
enforcement capability with respect to those measures.
3 With regard to the provisions of this Convention, the application of which comes under
the jurisdiction of constituent States or other similar territorial entities, that are not
obliged by the constitutional system of the federation to take legislative measures, the
federal government shall inform the competent authorities of such States of the said
provisions with its favourable opinion, encouraging them to take appropriate action to
give them effect.
Article 42 – Reservations
By a written notification addressed to the Secretary General of the Council of Europe,
any State may, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, declare that it avails itself of the reservation(s)
provided for in Article 4, paragraph 2, Article 6, paragraph 3, Article 9, paragraph 4,
Article 10, paragraph 3, Article 11, paragraph 3, Article 14, paragraph 3, Article 22,
paragraph 2, Article 29, paragraph 4, and Article 41, paragraph 1. No other reservation
may be made.
Article 43 – Status and withdrawal of reservations
1 A Party that has made a reservation in accordance with Article 42 may wholly or
partially withdraw it by means of a notification addressed to the Secretary General of the
Council of Europe. Such withdrawal shall take effect on the date of receipt of such
notification by the Secretary General. If the notification states that the withdrawal of a
reservation is to take effect on a date specified therein, and such date is later than the
date on which the notification is received by the Secretary General, the withdrawal shall
take effect on such a later date.
2 A Party that has made a reservation as referred to in Article 42 shall withdraw such
reservation, in whole or in part, as soon as circumstances so permit.
3 The Secretary General of the Council of Europe may periodically enquire with Parties
that have made one or more reservations as referred to in Article 42 as to the prospects
for withdrawing such reservation(s).
24 ETS 185 – Convention on Cybercrime, 23.XI.2001
Article 44 – Amendments
1 Amendments to this Convention may be proposed by any Party, and shall be
communicated by the Secretary General of the Council of Europe to the member States of
the Council of Europe, to the non-member States which have participated in the
elaboration of this Convention as well as to any State which has acceded to, or has been
invited to accede to, this Convention in accordance with the provisions of Article 37.
2 Any amendment proposed by a Party shall be communicated to the European
Committee on Crime Problems (CDPC), which shall submit to the Committee of
Ministers its opinion on that proposed amendment.
3 The Committee of Ministers shall consider the proposed amendment and the opinion
submitted by the CDPC and, following consultation with the non-member States Parties
to this Convention, may adopt the amendment.
4 The text of any amendment adopted by the Committee of Ministers in accordance with
paragraph 3 of this article shall be forwarded to the Parties for acceptance.
5 Any amendment adopted in accordance with paragraph 3 of this article shall come into
force on the thirtieth day after all Parties have informed the Secretary General of their
acceptance thereof.
Article 45 – Settlement of disputes
1 The European Committee on Crime Problems (CDPC) shall be kept informed regarding
the interpretation and application of this Convention.
2 In case of a dispute between Parties as to the interpretation or application of this
Convention, they shall seek a settlement of the dispute through negotiation or any other
peaceful means of their choice, including submission of the dispute to the CDPC, to an
arbitral tribunal whose decisions shall be binding upon the Parties, or to the
International Court of Justice, as agreed upon by the Parties concerned.
Article 46 – Consultations of the Parties
1 The Parties shall, as appropriate, consult periodically with a view to facilitating:
a the effective use and implementation of this Convention, including the
identification of any problems thereof, as well as the effects of any declaration or
reservation made under this Convention;
b the exchange of information on significant legal, policy or technological
developments pertaining to cybercrime and the collection of evidence in electronic
form;
c consideration of possible supplementation or amendment of the Convention.
2 The European Committee on Crime Problems (CDPC) shall be kept periodically
informed regarding the result of consultations referred to in paragraph 1.
25 ETS 185 – Convention on Cybercrime, 23.XI.2001
3 The CDPC shall, as appropriate, facilitate the consultations referred to in paragraph 1
and take the measures necessary to assist the Parties in their efforts to supplement or
amend the Convention. At the latest three years after the present Convention enters into
force, the European Committee on Crime Problems (CDPC) shall, in co-operation with
the Parties, conduct a review of all of the Convention’s provisions and, if necessary,
recommend any appropriate amendments.
4 Except where assumed by the Council of Europe, expenses incurred in carrying out the
provisions of paragraph 1 shall be borne by the Parties in the manner to be determined
by them.
5 The Parties shall be assisted by the Secretariat of the Council of Europe in carrying out
their functions pursuant to this article.
Article 47 – Denunciation
1 Any Party may, at any time, denounce this Convention by means of a notification
addressed to the Secretary General of the Council of Europe.
2 Such denunciation shall become effective on the first day of the month following the
expiration of a period of three months after the date of receipt of the notification by the
Secretary General.
Done at Budapest, this 23rd day of November 2001, in English and in French, both texts
being equally authentic, in a single copy which shall be deposited in the archives of the
Council of Europe. The Secretary General of the Council of Europe shall transmit
certified copies to each member State of the Council of Europe, to the non-member States
which have participated in the elaboration of this Convention, and to any State invited to
accede to it.