The Convention on Cybercrime, commonly known as the Budapest Convention, has undergone a landmark amendment. According to a press release, the Council of Europe (CoE) announced that 22 CoE member states adopted the revised Convention on 12 May 2022. In the past, many authorities have experienced challenges in obtaining the evidence they need to identify cyber criminals when they are investigating crimes in other countries. The amended Convention will strengthen law enforcement powers and facilitate international investigations.

What is the Budapest Convention?

The Budapest Convention was first introduced in 2001. It is the world’s first criminal justice treaty tackling cybercrime. The Convention provides States with:

  • criminalising a list of attacks against and by means of computers,
  • procedural law tools to make the investigation of cybercrime and the securing of electronic evidence in relation to any crime more effective and subject to rule of law safeguards, and
  • international police and judicial cooperation on cybercrime and electronic evidence.

The revised version of the Convention is also referred to as the Additional Protocol to the Convention on Cybercrime (Treaty CETS No. 224).

What are the main amendments to the Convention?

Some of the main changes to the Convention include measures to help:

  • law enforcement agencies to swiftly secure the information they need to continue investigating cyber criminals.
  • authorities to make direct requests for information to registrars in foreign jurisdictions. For example, if authorities understand who a domain is registered to, they can find out who is running a criminal forum.
  • authorities to mandate immediate cooperation with foreign companies in situations where people’s lives are at risk.
  • data sharing between authorities especially with they operate in different jurisdictions.

The Council of Europe said that when authorities collaborate with each other, international law enforcement agencies can tackle cybercrime more efficiently. Joint efforts have already led to several high-profile arrests. For example, European authorities who worked with other European states, the United States and Australia managed to arrest the alleged REvil ransomware gang members and the alleged operators of hacker platform RaidForums.

Benefits of being a party to the Convention

The Budapest Convention is a framework that permits hundreds of practitioners from Parties to share their experience and foster relationships that facilitate cooperation in specific cybercrime cases. The war in Ukraine is a great example of an emergency situation where parties to the Convention can work together to bring about change. Any country can make use of the Budapest Convention as a guideline, check list or model law.

The Council of Europe advocates for more countries to become a Party to Budapest Convention because of the many benefits. For example, the Convention provides a legal framework for international cooperation on cybercrime and electronic evidence. Chapter III of the treaty makes general and specific provisions for cooperation among Parties “to the widest extent possible” with respect to cybercrime (offences against and by means of computers) and any crime involving electronic evidence.

South Africa’s position

The President of South Africa signed the Cybercrimes Act into law. On 1 December, certain sections of the Cybercrimes Act commenced. Cybercrime is on the increase and the Cybercrimes Act aims to keep people safe from criminals, terrorists, and other states. South Africa is not a Party to the Budapest Convention. However, we are among the list of countries that the Council of Europe has invited to accede to the Convention. We know that the impact of the Cybercrimes Act on all organisations and all individuals is significant. South Africa is taking steps to align its approach to cybercrime according to international standards.

Actions you can take

  • View details about the amended convention by visiting the CoE’s website.
  • You can read the full report that explains all the benefits of becoming a Party to the Convention in detail.
  • Get a deeper understanding of the impact of the Cybercrimes Act on your organisation by attending a half-day online workshop.
  • Find out what other actions you can take related to cybercrime by visiting our main cybercrime law page.
  • Brief your board on the Cybercrimes Act and the legal implications for your organisation by asking us to present an executive briefing to them.
  • Receive future updates or alerts about the Cybercrimes Act and our events by subscribing to the Michalsons newsletter.