The member States of the Council of Europe and the other States signatory hereto,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Recognising the value of fostering co-operation with the other States signatories to this Convention;

Convinced of the need to pursue, as a matter of priority, a common criminal policy aimed at the protection of society against cyber-crime, inter alia by adopting appropriate legislation and fostering international co-operation;

Conscious of the profound changes brought about by the digitalisation, convergence and continuing globalisation of computer networks;

Concerned at the risk that computer networks and electronic information may also be used for committing criminal offences and that evidence relating to such offences may be stored and transferred by these networks;

Recognising the need for co-operation between States and private industry in combating cyber-crime and the need to protect legitimate interests in the use and development of information technologies;

Believing that an effective fight against cyber-crime requires increased, rapid and well-functioning international co-operation in criminal matters;

Convinced that the present Convention is necessary to deter actions directed against the confidentiality, integrity and availability of computer systems, networks and computer data, as well as the misuse of such systems, networks and data, by providing for the criminalisation of such conduct, as described in this Convention, and the adoption of powers sufficient for effectively combating such criminal offences, by facilitating the detection, investigation and prosecution of such criminal offences at both the domestic and international level, and by providing arrangements for fast and reliable international co-operation, while ensuring a proper balance between the interests of law enforcement and respect for fundamental human rights;

Mindful of the need to ensure a proper balance between the interests of law enforcement and respect for fundamental human rights, as enshrined in the 1950 Council of Europe Convention for the Protection of Human Rights and Fundamental Feedoms and the 1966 United Nations International Covenant on Civil and Political Rights which both reaffirm the right of everyone to hold opinions without interference, as well as the right to freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, and the right to respect for privacy;

Considering the 1989 United Nations Convention on the Rights of the Child and the 1999 International Labour Organization Worst Forms of Child Labour Convention;

Taking into account the existing Council of Europe conventions on co-operation in the penal field as well as similar treaties which exist between Council of Europe member States and other States and stressing that the present Convention is intended to supplement those conventions in order to make criminal investigations and proceedings concerning criminal offences related to computer systems and data more effective and to enable the collection of electronic evidence of a criminal offence;

Welcoming recent developments which further advance international understanding and co-operation in combating cyber-crimes, including actions of the United Nations, the OECD, the European Union and the G8;

Recalling Recommendation N° R (85) 10 concerning the practical application of the European Convention on Mutual Assistance in Criminal Matters in respect of letters rogatory for the interception of telecommunications, Recommendation N° R (88) 2 on piracy in the field of copyright and neighbouring rights as well as Recommendation N° R (89) 9 on computer-related crime providing guidelines for national legislatures concerning the definition of certain computer crimes and Recommendation N° R (95) 13 concerning problems of criminal procedural law connected with Information Technology;

Having regard to Resolution No. 1 adopted by the European Ministers of Justice at their 21st Conference (Prague, June 1997), which recommended the Committee of Ministers to support the work carried out by the European Committee on Crime Problems (CDPC) on cyber-crime in order to bring domestic criminal law provisions closer to each other and enable the use of effective means of investigation concerning such offences, as well as to Resolution N° 3 adopted at the 23^rd Conference of the European Ministers of Justice (London, June 2000), which encouraged the negotiating parties to pursue their efforts with a view to finding appropriate solutions so as to enable the largest possible number of States to become parties to the Convention and acknowledged the need for a swift and efficient system of international co-operation, which duly takes into account the specific requirements of the fight against cyber-crime ;

Having also regard to the Action Plan adopted by the Heads of State and Government of the Council of Europe, on the occasion of their Second Summit (Strasbourg, 10 - 11 October 1997), to seek common responses to the development of the new information technologies, based on the standards and values of the Council of Europe;

Have agreed as follows:

For the purposes of this Convention:

Article 2 – Illegal Access

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law when committed intentionally 3 the access 4 to the whole or any part of a computer system without right 5. A Party may require that the offence be committed either by infringing security measures or with the intent of obtaining computer data or other dishonest intent 6, or in relation to a computer system that is connected to another computer system.

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law when committed intentionally the interception without right, made by technical means, of non-public 7 transmissions of computer data to, from or within a computer system, including electromagnetic emissions from a computer system carrying such computer data. A Party may require that the offence be committed with dishonest intent, or in relation to a computer system that is connected to another computer system.

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law when committed intentionally the damaging, deletion, deterioration, alteration 8 or suppression 9 of computer data without right.

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law when committed intentionally the serious hindering without right of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data.

1.     Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law when committed intentionally and without right :

2.    This article shall not be interpreted as imposing criminal liability where the production, sale, procurement for use, import, distribution or otherwise making available or possession referred to in paragraph 1 of this article is not for the purpose of committing an offence established in accordance with articles 2 through 5 of this Convention, such as for the authorised testing or the protection of a computer system.

[3.    Each Party may reserve the right not to apply paragraph 1 of this Article, provided that the reservation does not concern the sale, distribution or otherwise making available of the items referred to in paragraph 1 (a) (2).]

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law when committed intentionally and without right the input, alteration, deletion, or suppression of computer data, resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic 10, regardless whether or not the data is directly readable and intelligible. A Party may require an intent to defraud, or similar dishonest intent, before criminal liability attaches.

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the causing of a loss of property to another by:

with the intent of procuring, without right, an economic benefit for oneself or for another.

1.     Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law when committed intentionally and without right 11 the following conduct:

2.     For the purpose of paragraph 1 above "child pornography" shall include pornographic material 16 that visually depicts:

3.     For the purpose of paragraph 2 above, the term "minor" shall include all persons under 18 years of age. A Party may, however, require a lower age-limit, which shall be not less than 16 years.

4.    Each Party may reserve the right not to apply, in whole or in part, paragraph 1(d) and 1(e), and 2(b) and 2(c).

1.     Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the infringement of copyright, as defined under the law of that Party pursuant to the obligations it has undertaken under the Paris Act of 24 July 1971 of the Berne Convention for the Protection of Literary and Artistic Works the Agreement on Trade-Related Aspects of Intellectual Property Rights and the WIPO Copyright Treaty, with the exception of any moral rights conferred by such Conventions, where such acts are committed intentionally, on a commercial scale and by means of a computer system.

2.     Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the infringement of related rights, as defined under the law of that Party pursuant to the obligations it has undertaken under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations done in Rome (Rome Convention), the Agreement on Trade-Related Aspects of Intellectual Property Rights and the WIPO Performances and Phonograms Treaty, with the exception of any moral rights conferred by such Conventions, where such acts are committed intentionally, on a commercial scale and by means of a computer system.

3.    A Party may reserve the right not to impose criminal liability under paragraphs 1 and 2 of this article in limited circumstances, provided that other effective remedies are available.

Article 11 – Attempt and aiding or abetting

1.     Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally 19 aiding or abetting the commission of any of the offences established in accordance with Articles 2 – 10 of the present Convention.

2.     Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally attempt to commit any of the offences established in accordance with Articles 3 through 5, 7, 8, 9 (1)b and 9(1)c of this Convention.

3.     Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply, in part or in whole paragraph 2 of this article.

1.     Each Party shall adopt such legislative and other measures as may be necessary to ensure that a legal person can be held liable 20 for the criminal offences established in accordance with this Convention, committed for its benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on:

2.    Apart from the cases already provided for in paragraph 1, each Party shall take the necessary measures to ensure that a legal person can be held liable where the lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of a criminal offences established in accordance with this Convention for the benefit of that legal person by a natural person under its authority.

3.     Subject to the legal principles of the Party, the liability of a legal person may be criminal, civil or administrative.

4.     Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offence.

1.     Each Party shall take the necessary measures to ensure that the criminal offences established in accordance with Articles 2 – 11 are punishable by effective, proportionate and dissuasive sanctions, which include deprivation of liberty.

2.     Each Party shall ensure that legal persons held liable in accordance with Article 12 shall be subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.

1.    The measures adopted in accordance with this Section shall be applied for the purpose of criminal investigations and proceedings 21 concerning the offences established in accordance with Articles 2 - 11 of this Convention, other criminal offences committed by means of a computer system, or the collection of electronic evidence of a criminal offence.

2.    The application of the measures adopted shall be subject to the conditions and safeguards provided for under the domestic law of the Party concerned, with due regard for the adequate protection of human rights and, where applicable, the proportionality of the measure to the nature and circumstances of the offence.

Article 15 – Scope of Application of Procedural Measures

1.    Except as specifically otherwise provided in Article 21, each Party shall apply the measures described in this Section to:

2.    Option 1: Each Party may, in respect of the offences referred to in paragraphs 1 (b) and (c), reserve the right to apply the measures referred to in Article 20 only to offences or categories of offences specified in the reservation, provided that the range of such offences or categories of offences is not more restricted than the range of offences to which it applies the measures referred to in Article 21.

2.    Option 2:Each Party may reserve the right to apply the measures referred to in Article 20 only to offences or categories of offences specified in the reservation, provided that the range of such offences or categories of offences is not more restricted than the range of offences to which it applies the measures referred to in Article 21. Each Party shall consider restricting such a reservation to offences referred to in paragraphs 1 (b) and (c) above.

1.     Each Party shall adopt such legislative and other measures as may be necessary to enable its competent authorities, in connection with a specific criminal matter, to order or similarly obtain the expeditious preservation of data that has been stored by means of a computer system, in particular where there are grounds to believe that the data is particularly vulnerable 22 to loss or modification 23.

2.     Where a Party gives effect to paragraph 1 above by means of an order to a person to preserve specified stored data in the person’s possession or control, the Party shall adopt such legislative and other measures as may be necessary to oblige that person to preserve and maintain the integrity of that data for an adequate period of time to enable the competent authority to seek its disclosure.

3.     Each Party shall adopt such legislative or other measures as may be necessary to oblige the custodian or other person who is to preserve the data to keep confidential the undertaking of such procedures for the period of time provided for by its domestic law.

4.     The powers and procedures referred to in this article shall be subject to the conditions and safeguards provided for under the domestic law of the Party concerned 24.

1.    In order to enable the undertaking of the procedures referred to in Article 16 with respect to the preservation of traffic data concerning a specific communication, each Party shall adopt such legislative or other measures as may be necessary to:

1.     Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities, for the purpose of criminal investigations or proceedings, to order:

2.     The powers and procedures referred to in this article shall be subject to the conditions and safeguards provided for under the domestic law of the Party concerned.

3.    For the purpose of this article, “subscriber information” means any information, contained in the form of computer data or any other form, that is held by a service provider, relating to subscribers of its service, other than traffic or content data, by which can be established:

1.     Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities, for the purposes of criminal investigations or proceedings, to search or similarly access:

in its territory.

2.     Each Party shall adopt such legislative and other measures as may be necessary to ensure that where its authorities search or similarly access a specific computer system or part of it, using the measures referred to in paragraph 1 (a), and have grounds to believe that the data sought is stored in another computer system or part of it in its territory, and such data is lawfully accessible from or available to the initial system, such authorities shall be able to expeditiously extend the search or similar accessing to the other system.

3.     Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities, for the purposes of criminal investigations or proceedings, to seize or similarly secure computer data accessed according to paragraphs 1 or 2. These measures shall include the power to :

4.     Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to order for the purposes of criminal investigations or proceedings any person who has knowledge about the functioning of the computer system or measures applied to protect the computer data therein to provide all necessary information, as is reasonable, to enable the undertaking of the measures referred to in paragraphs 1 and 2.

5.     The powers and procedures referred to in this article shall be subject to the conditions and safeguards provided for under the domestic law of the Party concerned.

1.     Each Party shall adopt such legislative and other measures as may be necessary to empower, for the purpose of criminal investigations or proceedings, its competent authorities to:

2.    Where required by the established principles of its domestic legal system, a Party may adopt other measures as may be necessary to ensure the real-time collection and recording of traffic data through technical means on its territory, provided that such measures ensure the availability of such data for the purpose of criminal investigations and procedings.

3.    The powers and procedures referred to in this article shall be subject to the conditions and safeguards provided for under the domestic law of the Party concerned.

1.    Each Party shall adopt such legislative and other measures as may be necessary, for the purpose of criminal investigations or proceedings related to the range of serious offences to be determined by domestic law, to empower its competent authorities to:

2.    Where required by the established principles of its domestic legal system, a Party may adopt other measures as may be necessary to ensure the real-time collection and recording of content data through technical means, provided that such measures ensure the availability of such data for the purpose of criminal investigations and procedings.

3.    The powers and procedures referred to in this article shall be subject to the conditions and safeguards provided for under the domestic law of the Party concerned.

1.    Each Party shall adopt such legislative and other measures as may be necessary to oblige a service provider to keep confidential the fact of and any information about the execution of any power provided for under Articles 20 and 21.

2.    The measures referred to in this article shall be subject to the conditions and safeguards provided for under the domestic law of the Party concerned.

1.     Each Party shall adopt such legislative and other measures as may be necessary to establish jurisdiction over any offence established in accordance with Articles 2 – 11 of this Convention, when the offence is committed :

2.     Each State may reserve the right not to apply or to apply only in specific cases or conditions the jurisdiction rules laid down in paragraphs (1) b – (1) d of this article or any part thereof.

3.     Each Party shall adopt such measures as may be necessary to establish jurisdiction over a criminal offence referred to in Article 25, paragraph 1 of this Convention, in cases where an alleged offender is present in its territory and it does not extradite him/her to another Party, solely on the basis of his/her nationality, after a request for extradition.

4.     This Convention does not exclude any criminal jurisdiction exercised in accordance with domestic law.

5.     When more than one Party claims jurisdiction over an alleged offence established in accordance with this Convention, the Parties involved shall, where appropriate, consult with a view to determining the most appropriate jurisdiction for prosecution.

Article 24 – General principles relating to international co-operation

The Parties shall co-operate with each other, in accordance with the provisions of this chapter, and through application of relevant international instruments on international co-operation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of electronic evidence of a criminal offence.

Article 25 – Extradition

1.     This article applies to extradition between Parties for the criminal offences established in accordance with Articles 2 – 11 of this Convention, provided that they are punishable under the laws of both Parties concerned by deprivation of liberty for a maximum period of at least one year, or by a more severe penalty. Where an extradition treaty or reciprocal arrangement legislation is in force between two or more Parties, which requires a different minimum penalty for extradition, the minimum penalty provided for in such treaty or reciprocal arrangement shall instead apply.

2.     The criminal offences described in paragraph 1 of this article shall be deemed to be included as extraditable offences in any extradition treaty existing between or among the Parties. The Parties undertake to include such offences as extraditable offences in any extradition treaty to be concluded between or among them.

3.     If a Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition with respect to any criminal offence referred to in paragraph 1 of this article.

4.     Parties that do not make extradition conditional on the existence of a treaty shall recognise the criminal offences referred to in paragraph 1 of this article as extraditable offences between themselves.

5.     Extradition shall be subject to the conditions provided for by the law of the requested Party or by applicable extradition treaties, including the grounds on which the requested Party may refuse extradition.

6.     If extradition for a criminal offence referred to in paragraph 1 of this article is refused solely on the basis of the nationality of the person sought, or because the requested Party deems that it has jurisdiction over the offence, the requested Party shall submit the case at the request of the requesting Party to its competent authorities for the purpose of prosecution and shall report the final outcome to the requesting Party in due course. Those authorities shall take their decision and conduct their investigations and proceedings in the same manner as in the case of any other offence of a comparable nature under the law of that State.

7.     a.     Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the name and addresses of each authority 28 responsible for the making to or receipt of a request for extradition or provisional arrest in the absence of a treaty.

        b.      The Secretary General of the Council of Europe shall set up and keep updated a register of authorities so designated by the Parties. Each Party shall ensure that the details held on the register are correct at all times.

Article 26 – General principles relating to mutual assistance

1.     The Parties shall afford one another mutual assistance to the widest extent possible for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of electronic evidence of a criminal offence.

2.     Each Party shall also adopt such legislative or other measures as may be necessary to carry out the obligations set forth in Articles 29 - 35.

3.     Each Party shall, in urgent circumstances, accept and respond to mutual assistance requests by expedited means of communications, including fax or e-mail, to the extent that such means provide appropriate levels of security and authentication, with formal confirmation to follow where required by the requested State.

4.     Except as otherwise specifically provided [option 1: in Articles 27 - 31 and 33 - 35] [option 2: in this Chapter] mutual assistance shall be subject to the conditions provided for by the law of the requested Party or by applicable mutual assistance treaties, including the grounds on which the requested Party may refuse cooperation. The requested Party shall not exercise the right to refuse mutual assistance solely on the ground that the request concerns an offence which it considers a fiscal offence.

5.     Where, in accordance with the provisions of this chapter, the requested Party is permitted to make mutual assistance conditional upon the existence of dual criminality, that condition shall be deemed fulfilled, irrespective of whether its laws place the offence within the same category of offence or denominates the offence by the same terminology as the requesting Party, if the conduct underlying the offence for which assistance is sought is a criminal offence under its laws.

1.     Where there is no mutual assistance treaty or arrangement on the basis of uniform or reciprocal legislation in force between the requesting and requested Parties, the provisions of paragraphs 2 through 10 of this article shall apply. The provisions of this article shall not apply where such agreement, arrangement or legislation is available, unless the Parties concerned agree to apply any or all of the remainder of this article in lieu thereof.

2.     a.    Each Party shall designate a central authority or authorities that shall be responsible for sending and answering requests for mutual assistance, the execution of such requests, or the transmission of them to the authorities competent for their execution.

        b.    The central authorities shall communicate directly with each other.

        c.    Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the names and addresses of the authorities designated in pursuance of this paragraph.

        d.    The Secretary General of the Council of Europe shall set up and keep updated a register of central authorities so designated by the Parties. Each Party shall ensure that the details held on the register are correct at all times.

3.    Mutual assistance requests under this Article shall be executed in accordance with the procedures specified by the requesting Party except where incompatible with the law of the requested Party. 29

4.    The requested Party may, in addition to conditions or grounds for refusal available under Article 26, paragraph 4, refuse assistance if:

5.    The requested Party may postpone action on a request if such action would prejudice criminal investigations or prosecutions conducted by its authorities.

6.    Before refusing or postponing assistance, the requested Party shall, where appropriate after having consulted with the requesting Party, consider whether the request may be granted partially or subject to such conditions as it deems necessary.

7.    The requested Party shall promptly inform the requesting Party of the outcome of the execution of a request for assistance. If the request is refused or postponed, reasons shall be given for the refusal or postponement. The requested Party shall also inform the requesting Party of any reasons that render impossible the execution of the request or are likely to delay it significantly.

8.    The requesting Party may request that the requested Party keep confidential the fact and substance of any request made under this Chapter except to the extent necessary to execute the request. If the requested Party cannot comply with the request for confidentiality, it shall promptly inform the requesting Party, which shall then determine whether the request should nevertheless be executed.

9.    a.    In the event of urgency, requests for mutual assistance or communications related thereto may be sent directly by judicial authorities of the requesting Party to such authorities of the requested Party. In any such cases a copy shall be sent at the same time to the central authority of the requested Party through the central authority of the requesting Party.

        b.    Any request or communication under this paragraph may be made through the International Criminal Police Organisation (Interpol).

        c.    Where a request is made pursuant to subparagraph a. and the authority is not competent to deal with the request, it shall refer the request to the competent national authority and inform directly the requesting Party that it has done so.

        d.     Requests or communications made under this paragraph that do not involve coercive action may be directly transmitted by the competent authorities of the requesting Party to the competent authorities of the requested Party.

        e.    Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession inform the Secretary General of the Council of Europe that, for reasons of efficiency, requests made under this paragraph are to be addressed to its central authority.

Article 28 – Spontaneous information

1.     A Party may, within the limits of its domestic law, without prior request, forward to another Party information obtained within the framework of its own investigations when it considers that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings concerning criminal offences established in accordance with this Convention or might lead to a request for cooperation by that Party under this chapter.

2.    Prior to providing such information, the providing Party may request that it be kept confidential or used subject to conditions. If the receiving Party cannot comply with such request, it shall notify the providing Party, which shall then determine whether the information should nevertheless be provided. If the receiving Party accepts the information subject to the conditions, it shall be bound by them.

1.    A Party may request another Party to order or otherwise obtain the expeditious preservation of data stored by means of a computer system, which is located within the territory of that other Party and in respect of which the requesting Party intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the data.

2.    A request for preservation made under paragraph 1 shall specify:

3.    Upon receiving the request from another Party, the requested Party shall take all appropriate measures to preserve expeditiously the specified data in accordance with its domestic law. For the purposes of responding to a request, dual criminality shall not be required as a condition to providing such preservation, but may be required as a condition for the disclosure of the data to the requesting Party.

4.   Option 1 : A Party that requires dual criminality as a condition for the disclosure of data to the requesting Party may, in respect of offences or categories of offences specified in the reservation, other than those established in accordance with Articles 2 - 11 of this Convention, reserve the right to refuse the request for preservation under this Article in cases where it has clear grounds to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled.

      Option 2 : A Party may, in respect of offences or categories of offences, other than those established in accordance with Articles 2 - 11 of this Convention, require dual criminality as a condition to providing preservation under this Article, where it requires dual criminality as a condition for the disclosure of data to the Requesting Party and it has clear grounds to believe that at the time for disclosure the condition of dual criminality cannot be fulfilled.

      Option 3 : Each State that requires dual criminality as a condition for the disclosure of data to a requesting Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe, declare that in respect of offences or categories of offences specified in such declaration, other than those established in accordance with Articles 2 - 11 of this Convention, it reserves the right to require dual criminality as a condition to providing preservation under this article.

5.    In addition, a request for preservation as described in paragraph 2 may only be refused if :

6.    Where the requested Party believes that preservation will not ensure the future availability of the data or will threaten the confidentiality of, or otherwise prejudice the requesting Party’s investigation, it shall promptly so inform the requesting Party, which shall then determine whether the request should nevertheless be executed.

7.    Any preservation effected in response to the request referred to in paragraph 1 shall be for a period not less than 60 days in order to enable the requesting Party to submit a request for the search or similar access, seizure or similar securing, or disclosure of the data. Following the receipt of such request, the data shall continue to be preserved pending a decision on that request.

1.    Where, in the course of the execution of a request made under Article 29 to preserve traffic data concerning a specific communication, the requested Party discovers that a service provider in another State was involved in the transmission of the communication, the requested Party shall expeditiously disclose to the requesting Party a sufficient amount of traffic data in order to identify that service provider and the path through which the communication was transmitted.

2.    Disclosure of traffic data under paragraph 1 may only be withheld if :

1.    A Party may request another Party to search or similarly access, seize or similarly secure, and disclose data stored by means of a computer system located within the territory of the requested Party, including data that has been preserved pursuant to Article 29.

2.    The requested Party shall respond to the request through application of international instruments, arrangements and laws referred to in article 24, and in accordance with other relevant provisions of this chapter.

3.     The request shall be responded to on an expedited basis where:

A Party may, without obtaining the authorisation of another Party:

Article 33 – Mutual assistance regarding the real-time collection of traffic data

1.     The Parties shall provide mutual assistance to each other with respect to the real-time collection of traffic data associated with specified communications in its territory transmitted by means of a computer system. Subject to paragraph 2, assistance shall be governed by the conditions and procedures provided for under domestic law.

Option 1

2.     Each Party may reserve the right to apply the measure referred to in this article only to specified offences or categories of offences, provided that it may not reserve as to the offences established in accordance with articles 2 - 11 of this Convention, and as to offences or categories of offences to which the measure referred to in article 34 may be applied.

Option 2

2.     Each Party may reserve the right to apply the measure referred to in this article only to specified offences or categories of offences, provided that the range of such offences or categories of offences is not more restricted than that to which the measure referred to in article 34 may be applied. Each Party shall consider restricting its reservation so as to permit application of the measure to the offences established in accordance with articles 2 -11 of this Convention.

Article 34 – Mutual assistance regarding the interception of content data

The Parties shall provide mutual assistance to each other with respect to the real-time collection or recording of content data of specified communications transmitted by means of a computer system to the extent permitted by their applicable treaties and domestic laws.

Article 35 – 24/7 Network

1.     Each Party shall designate a point of contact available on a 24 hour, 7 day per week basis in order to ensure the provision of immediate assistance for the purpose of the investigation of criminal offenses related to the use of computer systems and data, or for the collection of electronic evidence of any criminal offense. Such assistance shall include facilitating, or, if permitted by its domestic law and practice, directly carrying out:

2.     a.    A Party’s point of contact shall have the capacity to carry out communications with the point of contact of another Party on an expedited basis.

        b.    If the point of contact designated by a Party is not part of that Party’s authority or authorities responsible for international mutual assistance or extradition, the point of contact shall ensure that it is able to coordinate with such authority or authorities on an expedited basis.

3.     Each Party shall ensure that trained and equipped personnel are available in order to facilitate the operation of the network.

1.     [Where there is no mutual assistance treaty or arrangement on the basis of uniform or reciprocal legislation in force between the requesting and the requested Parties, the provisions of this article shall apply. The provisions of this article shall not apply where such agreement or arrangement is available, unless the Parties concerned agree to apply any or all of the remainder of this article in lieu thereof.

2.     The substance of a request for mutual assistance made under this Chapter, or information transferred from one Party to another pursuant to the execution of such a request may be used by the Party to which the information has been transferred only:

3.     Prior to providing the information referred to in paragraph 3, the providing party may request that it be kept confidential or used subject to conditions. If the receiving party cannot comply with such a request, it shall notify the providing Party, which shall then determine whether information should nevertheless be provided. If the receiving Party accepts the information subject to the conditions, it shall be bound by them. No conditions shall be imposed for cases mentioned under paragraph 2 (c) above.

4.     Any Party that transfers information referred to under paragraph 2 may require the Party to which the information has been transferred to explain the use made of such information.]

[1.     The requesting Party may request that the requested Party not, without the prior consent of the requesting Party, make use of the substance of the request, for purposes other than those for which it was obtained or for criminal investigations or proceedings. If the requested Party cannot comply with the request, it shall promptly inform the requesting Party, which shall then determine whether the request should nevertheless be executed.

2.     The requested Party may request that the requesting Party not, without the prior consent of the requested Party, transmit or use the materials furnished for investigations or proceedings other than those stated in the request. If the requesting Party accepts the materials subject to conditions, it shall be bound by them. If the requesting Party cannot comply with the conditions, it shall promptly inform the requested Party, which shall then determine whether the materials should nevertheless be provided.]

The text of Option 2 above would be reinserted as subparagraphs into Article 27, paragraph 8.

[Article ..] – Confidentiality and Limitation on Use

[1.     The requested Party may, [in addition to conditions referred to in Article 22 (4),] make the execution of a request made under this Chapter dependent on the condition that the material furnished is

2.    If the requesting Party cannot comply with the condition, it shall promptly inform the requested Party, which shall then determine whether the materials should nevertheless be provided.