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Council of Europe. Surveillance / law enforcement access. Treaty

Budapest ConventionConvention on Cybercrime (Budapest Convention)

In force
Partly verifiedMedium confidence. The party count is approximate.

§1Summary

Synopsis

The main multilateral cybercrime treaty, open to non-European states. It harmonises offences such as illegal access and data interference, requires procedural powers (expedited preservation, production orders, search and seizure, interception), and sets up mutual legal assistance. Brazil and many other non-European states have acceded.

Key themes
  • cybercrime offences
  • data preservation
  • production orders
  • interception
  • mutual legal assistance
  • 24/7 network
Unique features

It has over 75 parties worldwide and is the model for many national cybercrime laws. Article 15 requires procedural powers to be subject to human rights conditions and safeguards.

SaaS relevance

National laws based on it allow domestic production and preservation orders for subscriber and traffic data held by SaaS providers.

§2Obligations

Extraterritorial
Limited
Breach notification
None
DPO
No
Cross-border transfers
MLA and 24/7 points of contact
Maximum penalty
Set by national law

§3Dates

Key dates
  • Adopted
  • In force
  • ETS No. 185; opened 2001-11-23; in force 2004-07-01; First Additional Protocol (ETS 189, xenophobia) 2003; Second Additional Protocol CETS 224 (2022) not yet in force

§4Text and authority

Text
Authority
Cybercrime Convention Committee (T-CY)

§5Where it applies

Members of the body

Membership-based — check ratification status. Membership of Council of Europe does not mean a state has signed or ratified this instrument.

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. The party count is approximate.