The Second Additional Protocol to the Council of Europe Convention on Cybercrime (Budapest Convention) on enhanced co-operation and disclosure of electronic evidence (Protocol) aims to further enhance cooperation on cybercrime and the ability of criminal justice authorities to collect electronic evidence for the purpose of specific criminal investigations or proceedings. The Protocol was opened for signature by the Parties to the Budapest Convention in May 2022.

This document analyses the Protocol and provides information on its background, scope and conditions for its application, particularly focusing on additional tools that it will offer to State Parties pertaining to: more efficient Mutual Legal Assistance (MLA) and other forms of cooperation between competent authorities; cooperation in emergency situations; and direct cooperation between competent authorities and Service Providers (SPs) and other entities in possession or control of pertinent information.

The document was prepared within the framework of the SIRIUS Project. The SIRIUS Project has received funding from the European Commission’s Service for Foreign Policy Instruments under Contribution Agreement No PI/2020/417-500.