Convention on Cybercrime

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Convention on Cybercrime

CET 185
Countries that have ratified the treaty (in red) and countries that have signed but not ratified it (in orange)
Signed	23 November 2001
Location	Budapest
Effective	1 July 2004
Condition	Ratification by 3 Council of Europe States
Signatories	50
Parties	68
Depositary	Secretary General of the Council of Europe
Languages	English and French

The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime or the Budapest Convention, is the first international treaty seeking to address Internet and computer crime (cybercrime) by harmonizing national laws, improving investigative techniques, and increasing cooperation among nations.^[1][2] It was drawn up by the Council of Europe in Strasbourg, France, with the active participation of the Council of Europe's observer states Canada, Japan, the Philippines, South Africa and the United States.

The Convention and its Explanatory Report was adopted by the Committee of Ministers of the Council of Europe at its 109th Session on 8 November 2001. It was opened for signature in Budapest, on 23 November 2001 and it entered into force on 1 July 2004.^[3] As of April 2023, 68 states have ratified the convention, while a further two states (Ireland and South Africa) have signed the convention but not ratified it.^[4]

Since it entered into force, important countries like India have declined to adopt the Convention on the grounds that they did not participate in its drafting. Russia opposes the Convention, stating that adoption would violate Russian sovereignty, and has usually refused to cooperate in law enforcement investigations relating to cybercrime. It is the first multilateral legally binding instrument to regulate cybercrime.^[5] Since 2018, India has been reconsidering its stand on the Convention after a surge in cybercrime, though concerns about sharing data with foreign agencies remain.^[6]

On 1 March 2006, the Additional Protocol to the Convention on Cybercrime came into force. Those States that have ratified the additional protocol are required to criminalize the dissemination of racist and xenophobic material through computer systems, as well as threats and insults motivated by racism or xenophobia.^[7]

The United Nations is developing an alternative treaty on cybercrime.^[8]