Second Additional Protocol to the Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence
PartiesParties with a link have a reservation.
| Party | Signature | RatificationS=Signature without reservation or requirement of ratification R=Ratification, Acceptance, Approval or Notification A=Accession Su=Succession NK=Not Known | Entry into force | Renunciation | Termination |
|---|---|---|---|---|---|
| Albania | 27-02-2023 | ||||
| Andorra | 20-05-2022 | ||||
| Argentina | 16-02-2023 | ||||
| Armenia | 16-11-2023 | ||||
| Austria | 12-05-2022 | ||||
| Belgium | 12-05-2022 | ||||
| Bosnia and Herzegovina | 14-11-2025 | ||||
| Bulgaria | 12-05-2022 | ||||
| Cabo Verde | 28-06-2023 | ||||
| Canada | 20-06-2023 | ||||
| Chile | 12-05-2022 | ||||
| Colombia | 12-05-2022 | ||||
| Costa Rica | 13-06-2022 | ||||
| Croatia | 30-11-2022 | ||||
| Czech Republic | 20-06-2024 | ||||
| Dominican Republic | 30-01-2023 | ||||
| Estonia | 12-05-2022 | ||||
| Fiji | 05-06-2025 | ||||
| Finland | 12-05-2022 | ||||
| France | 27-01-2023 | ||||
| Georgia | 17-06-2024 | ||||
| Germany | 27-01-2023 | ||||
| Ghana | 28-06-2023 | ||||
| Greece | 20-01-2023 | ||||
| Hungary | 28-06-2023 | 05-02-2026 (R) | |||
| Iceland | 12-05-2022 | ||||
| Italy | 12-05-2022 | ||||
| Japan | 12-05-2022 | 10-08-2023 (R) | |||
| Latvia | 27-03-2025 | ||||
| Lithuania | 12-05-2022 | ||||
| Luxembourg | 12-05-2022 | ||||
| Malta | 22-06-2023 | ||||
| Mauritius | 31-05-2023 | ||||
| Moldova | 30-11-2022 | ||||
| Montenegro | 12-05-2022 | ||||
| Morocco | 12-05-2022 | ||||
| Netherlands, the Kingdom of the | 12-05-2022 | ||||
| North Macedonia | 12-05-2022 | ||||
| Norway | 09-07-2025 | ||||
| Paraguay | 24-09-2024 | ||||
| Peru | 12-12-2024 | ||||
| Portugal | 12-05-2022 | ||||
| Romania | 12-05-2022 | ||||
| Serbia | 12-05-2022 | 09-02-2023 (R) | |||
| Sierra Leone | 20-06-2024 | ||||
| Slovenia | 30-11-2022 | ||||
| Spain | 12-05-2022 | ||||
| Sri Lanka | 30-11-2022 | ||||
| Sweden | 12-05-2022 | ||||
| Ukraine | 30-11-2022 | ||||
| United Kingdom | 30-11-2022 | ||||
| United States of America | 12-05-2022 |
Parties with reservations, declarations and objections
Hungary
05-02-2026
In accordance with Article 19, paragraph 2, of the Second Additional Protocol to the
Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence,
Hungary, on the basis of authorization by the National Assembly, makes the following
declarations upon consenting to be bound by the Protocol:
1. With regard to Article 7, paragraph 2.b, of the Protocol:
“The order under Article 7, paragraph 1, must be issued by, or under the supervision
of a prosecutor, or other judicial authority, or otherwise be issued under independent
supervision.”
2. With regard to Article 7, paragraph 8, of the Protocol:
“Under Article 7, paragraph 8, the issuing Party shall seek disclosure of subscriber
information from the service provider before seeking it under Article 8, unless the
issuing Party provides a reasonable explanation for not having done so.”
3. With regard to Article 10, paragraph 9, of the Protocol:
“Requests under Article 10 shall be sent in Hungary to the International Law Enforcement
Cooperation Centre of the Directorate General for Criminal Investigation of the National
Police Headquarters. In any such cases, a copy shall be sent at the same time by the
central authority of the requesting Party to the Office of the Prosecutor General.”
In accordance with Article 19, paragraph 3, of the Second Additional Protocol to the
Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence,
Hungary, on the basis of authorization by the National Assembly, makes the following
declarations upon consenting to be bound by the Protocol:
1. “In accordance with Article 6, paragraph 6, Hungary informs the Secretary General
of the Council of Europe that in Hungary, the authority designated for the purpose
of consultation under Article 6, paragraph 5, is the Office of the Prosecutor General.”
2. “In accordance with Article 7, paragraph 5.a, Hungary notifies the Secretary General
of the Council of Europe that, when an order is issued under Article 7, paragraph
1, to a service provider in the territory of Hungary, Hungary requires in every case
simultaneous notification of the order, the supplemented information and a summary
of the facts related to the investigation or proceeding.”
3. “In accordance with Article 7, paragraph 5.e, Hungary informs the Secretary General
of the Council of Europe that, in Hungary, the authority to receive the notification
under Article 7, paragraph 5.a, and perform the actions described in paragraphs 5.b,
5.c and 5.d is the Office of the Prosecutor General.”
4. “In accordance with Article 8, paragraph 4, Hungary informs the Secretary General
of the Council of Europe that additional supporting information is required to give
effect to orders under Article 8, paragraph 1. The additional supporting information
required will depend on the circumstances of the order and the related investigation
or proceeding.”
5. “In accordance with Article 8, paragraph 10, Hungary notifies the Secretary General
of the Council of Europe that Hungary designates as authorities to submit an order
under Article 8, paragraph 10.a, the judicial authorities, and as the authority to
receive an order under Article 8, paragraph 10.b, the Office of the Prosecutor General.”
6. “In accordance with Article 14, paragraph 7.c, Hungary notifies the Secretary General
of the Council of Europe that in Hungary, the authority designated to be notified
under paragraph 7.b is the National Authority for Data Protection and Freedom of Information.”
7. “In accordance with Article 14, paragraph 10.b, Hungary notifies the Secretary
General of the Council of Europe that Hungary designates as the authority to provide
authorization for the purposes of chapter II, section 2, of the Protocol, in relation
to the onward transfer to another State or international organization of data received
under the Protocol, the Office of the Prosecutor General.”
Japan
10-08-2023
In accordance with Article 19, paragraph 1, and Article 7 (Disclosure of subscriber
information), paragraph 9.a, of the Protocol, the Government of Japan reserves the
right not to apply Article 7.
In accordance with Article 19, paragraph 2, and Article 8 (Giving effect to orders
from another Party for expedited production of subscriber information and traffic
data), paragraph 11, of the Protocol, the Government of Japan requires that requests
by other Parties under Article 8 be submitted to it by the central authority of the
requesting Party, or by such other authority as mutually determined between Japan
and the requesting Party.
Pursuant to Article 6 (Request for domain name registration information), paragraph
6, of the Protocol, the Government of Japan designates the Minister of Justice or
the person designated by the Minister (Director of International Affairs Division,
Criminal Affairs Bureau, Ministry of Justice [...]), as the authorities for the purpose
of consultation under Article 6, paragraph 5.
Pursuant to Article 8 (Giving effect to orders from another Party for expedited production
of subscriber information and traffic data), paragraph 10, of the Protocol, the Government
of Japan designates:
(a) the Minister of Justice or the person designated by the Minister (Director of
International Affairs Division, Criminal Affairs Bureau, Ministry of Justice) and
the National Public Safety Commission or the person designated by the Commission (Director
of International Investigative Operations Division, Organized Crime Department, Criminal
Affairs Bureau, National Police Agency [...]), as the authorities to submit an order
under Article 8.
(b) the Minister of Justice or the person designated by the Minister (Director of
International Affairs Division, Criminal Affairs Bureau, Ministry of Justice), as
the authorities to receive an order under Article 8.
Pursuant to Article 14 (Protection of personal data) paragraph 7.c, of the Protocol,
the Government of Japan designates the Minister for Internal Affairs and Communications
or the person designated by the Minister (Deputy Director-General for Global Digital
Policy, Global Strategy Bureau [...]), the Minister of Justice or the person designated
by the Minister (Director of International Affairs Division, Criminal Affairs Bureau,
Ministry of Justice [...]) and the Minister for Foreign Affairs or the person designated
by the Minister (Director for International Safety and Security Cooperation Division,
Foreign Policy Bureau [...]), as the authorities to be notified under Article 14,
paragraph 7.b, for the purposes of Chapter II, section 2.
Pursuant to Article 14 (Protection of personal data), paragraph 10.b, of the Protocol,
the Government of Japan designates the Minister of Justice or the person designated
by the Minister (Director of International Affairs Division, Criminal Affairs Bureau,
Ministry of Justice), as the authorities to provide authorization for purposes of
Chapter II, section 2.
Serbia
09-02-2023
In accordance with Article 8, paragraphs 10.a and 10.b and Article 14, paragraphs
7.c and 10.b, of the
Second Additional Protocol, the Republic of Serbia designates as the Competent Authority
of the
Republic of Serbia:
The Supreme Public Prosecution Office of the Republic of Serbia,
Department for the High-Tech Crime