Tweede aanvullend protocol bij het Verdrag inzake de bestrijding van strafbare feiten verbonden met elektronische netwerken, inzake nauwere samenwerking en verstrekking van elektronisch bewijsmateriaal
PartijenPartijen met een link hebben een voorbehoud.
| Partij | Ondertekening | RatificatieO=Ondertekening zonder voorbehoud of vereiste van ratificatie R=Bekrachtiging, aanvaarding, goedkeuring of kennisgeving T=Toetreding VG=Voortgezette gebondenheid NB=Niet bekend | In werking | Opzegging | Buiten werking |
|---|---|---|---|---|---|
| Albanië | 27-02-2023 | ||||
| Andorra | 20-05-2022 | ||||
| Argentinië | 16-02-2023 | ||||
| Armenië | 16-11-2023 | ||||
| België | 12-05-2022 | ||||
| Bosnië en Herzegovina | 14-11-2025 | ||||
| Bulgarije | 12-05-2022 | ||||
| Canada | 20-06-2023 | ||||
| Chili | 12-05-2022 | ||||
| Colombia | 12-05-2022 | ||||
| Costa Rica | 13-06-2022 | 15-04-2026 (R) | |||
| Dominicaanse Republiek | 30-01-2023 | ||||
| Duitsland | 27-01-2023 | ||||
| Estland | 12-05-2022 | ||||
| Fiji | 05-06-2025 | ||||
| Finland | 12-05-2022 | ||||
| Frankrijk | 27-01-2023 | ||||
| Georgië | 17-06-2024 | ||||
| Ghana | 28-06-2023 | ||||
| Griekenland | 20-01-2023 | ||||
| Hongarije | 28-06-2023 | 05-02-2026 (R) | |||
| IJsland | 12-05-2022 | ||||
| Italië | 12-05-2022 | ||||
| Japan | 12-05-2022 | 10-08-2023 (R) | |||
| Kaapverdië | 28-06-2023 | ||||
| Kroatië | 30-11-2022 | ||||
| Letland | 27-03-2025 | ||||
| Litouwen | 12-05-2022 | ||||
| Luxemburg | 12-05-2022 | ||||
| Malta | 22-06-2023 | ||||
| Marokko | 12-05-2022 | ||||
| Mauritius | 31-05-2023 | ||||
| Moldavië | 30-11-2022 | ||||
| Montenegro | 12-05-2022 | ||||
| Nederlanden, het Koninkrijk der | 12-05-2022 | ||||
| Noord-Macedonië | 12-05-2022 | ||||
| Noorwegen | 09-07-2025 | ||||
| Oekraïne | 30-11-2022 | ||||
| Oostenrijk | 12-05-2022 | ||||
| Paraguay | 24-09-2024 | ||||
| Peru | 12-12-2024 | ||||
| Portugal | 12-05-2022 | ||||
| Roemenië | 12-05-2022 | ||||
| Servië | 12-05-2022 | 09-02-2023 (R) | |||
| Sierra Leone | 20-06-2024 | ||||
| Slovenië | 30-11-2022 | ||||
| Spanje | 12-05-2022 | ||||
| Sri Lanka | 30-11-2022 | ||||
| Tsjechië | 20-06-2024 | ||||
| Verenigd Koninkrijk | 30-11-2022 | ||||
| Verenigde Staten van Amerika | 12-05-2022 | ||||
| Zweden | 12-05-2022 |
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Costa Rica | Ja | Nee |
| Hongarije | Ja | Nee |
| Japan | Ja | Nee |
| Servië | Ja | Nee |
Costa Rica
15-04-2026
In accordance with Article 6 “Request for domain name registration information”, paragraph
6, of the Second additional Protocol, Costa Rica declares that the Public Prosecution
is the authority designated for the purpose of consultation under paragraph 5.
With regards to Article 7 “Disclosure of subscriber information”, paragraph 2.b, of
the Second additional Protocol, Costa Rica declares that: “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".
Under Article 7 “Disclosure of subscriber information”, paragraph 5.a, of the Second
additional Protocol, Costa Rica declares that, when an order is issued under Article
7,paragraph 1, to a service provider in its territory, Costa Rica requires, in every
case, a simultaneous notification to the Public Prosecution, including the order,
the supplemental information and a summary of the facts related to the investigation
or proceeding.
In accordance with Article 7 “Disclosure of subscriber information”, paragraph 5.b,
of the Second additional Protocol, Costa Rica may require the service provider to
consult the Public Prosecution in identified circumstances prior to disclosure.
Pursuant to Article 7 “Disclosure of subscriber information”, paragraph 5.e, of the
Second additional Protocol, Costa Rica designates the Public Prosecution as single
authority to receive notification under paragraph 5.a and perform the actions described
in paragraphs 5.b, 5.c and 5.d.
[…]
Under Article 7 “Disclosure of subscriber information”, paragraph 8, of the Second
additional Protocol, Costa Rica declares that an 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.
Pursuant to Article 8 “Giving effect to orders from another Party for expedited production
of subscriber information and traffic data”, paragraph 4, of the Second additional
Protocol, Costa Rica declares that additional supporting information is required to
give effect to orders under paragraph 1 Additional supporting information will depend
on the circumstances of the order and the investigation or proceeding.
In accordance with Article 8 “Giving effect to orders from another Party for expedited
production of subscriber information and traffic data”, paragraphs 10.a and 10.b of
the Second additional Protocol, Costa Rica informs that the Public Prosecution is
the authority designated to submit and receive an order under Article 8.
[…]
In accordance with Article 8 “Giving effect to orders from another Party for expedited
production of subscriber information and traffic data”, paragraph 11, of the Second
additional Protocol, Costa Rica requires that requests by other Parties under this
article be submitted to it by the central authority of the requesting Party, or the
designated to submit an order in accordance with Article 8, paragraph 10.a, of the
Second additional Protocol.
In accordance with Article 10 “Emergency mutual assistance”, paragraph 9, of the Second
additional Protocol, Costa Rica declares that, in case of emergency, requests may
also be sent directly to its 24/7 point of contact established under Article 35 of
the Convention. In any such case, a copy shall be sent at the same time to the central
authority of Costa Rica, through the central authority of the requesting Party.
With regards to Article 14 “Protection of personal data”, paragraph 7.c, of the Second
additional Protocol, Costa Rica designates the Public Prosecution as the authority
to be notified under paragraph 7 for the purposes of Chapter II, section 2, of the
Second additional Protocol.
With regards to Article 14 “Protection of personal data”, paragraph 10.b, of the Second
additional Protocol, Costa Rica designates the Public Prosecution as the authority
responsible to provide authorisation for purposes of Chapter II, section 2.
Hongarije
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.
Servië
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