Overwegingen bij COM(2025)417 - Conclusion of the UN Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes - Hoofdinhoud
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| dossier | COM(2025)417 - Conclusion of the UN Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes ... |
|---|---|
| document | COM(2025)417  |
| datum | 16 juli 2025 |
(2) The Convention is in conformity with the security objectives of the European Union as referred to in Article 67(3) of the Treaty on the Functioning of the European Union, namely ensuring a high level of security through measures to prevent and combat crime and through measures for coordination and cooperation between police and judicial authorities and other competent authorities, as well as through the approximation of criminal laws.
(3) The provisions of the Convention apply to specific criminal investigations or proceedings concerning criminal offences established in accordance with the Convention and only allow for data exchange for such a purpose.
(4) The Convention harmonizes a limited set of clearly defined offences while allowing the necessary flexibility for State Parties to avoid overcriminalization of legitimate conduct.
(5) The Convention establishes only minimum rules on the liability of legal persons for the offences set out therein and does not require establishing such criminal liability in a manner that would be inconsistent with a State Party’s legal principles.
(6) The Convention is also in conformity with the personal data, privacy and fundamental rights protection objectives of the European Union in line with Article 16 of the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union.
(7) The Convention provides for robust human rights safeguards and excludes any interpretation that would lead to suppressing human rights or fundamental freedoms, in particular the freedoms of expression, conscience, opinion, religion or belief, peaceful assembly and association. These safeguards also ensure that international cooperation can be refused if such cooperation would be contrary to States Parties’ domestic laws or would be necessary to avoid any form of discrimination.
(8) Concerning the powers and procedural measures both at domestic and international levels, the Convention provides for horizontal conditions and safeguards ensuring the protection of human rights, in accordance with State Parties’ obligations under international human rights law, and which shall incorporate the principle of proportionality. Such conditions and safeguards shall include, among others, judicial or other independent review, the right to an effective remedy, grounds justifying application and the limitation of the scope and the duration of the powers and procedures.
(9) The Convention includes a dedicated provision on the protection of personal data which ensures that important data protection principles, including purpose limitation, data minimisation, proportionality and necessity must be applied, in accordance with the Charter of Fundamental Rights of the European Union, before any personal data can be provided to another State Party.
(10) With its participation in the negotiations, on behalf of the Union, the Commission ensured compatibility of the Convention with relevant European Union rules.
(11) A number of reservations and notifications are relevant to ensure compatibility of the Convention with Union law and policies, as well as the uniform application of the Convention amongst EU Member States in their relations with non-EU State Parties, and the effective application of the Convention.
(12) The reservations and notifications, on which guidance is given in Annex I to this Decision, are without prejudice to any other reservations or declarations that Member States might wish to make individually where permissible.
(13) Given that the Convention provides for procedures that improve cross-border access to electronic evidence and a high level of safeguards, becoming a Party to it will promote consistency in the European Union’s efforts in combating cybercrime and other forms of crime at global level. It will facilitate cooperation between the EU Member State Parties and the non-EU Member State Parties to the Convention while ensuring a high level of protection of individuals.
(14) Becoming a Party to the Convention by the European Union will furthermore ensure that the Union has a meaningful voice early in the implementation of this new global framework for the fight against cybercrime.
(15) Pursuant to its Article 64(3), the Convention is subject to ratification, approval or acceptance by States and regional economic integration organisations, such as the Union.
(16) The conclusion of the Convention by the Union is without prejudice to the Member States’ competence as regards the ratification, approval or acceptance of the Convention.
(17) In accordance with Article 64(3) and (4) of the Convention, the Union should, in its instrument of ratification, acceptance, approval or accession declare the extent of its competence in respect of the matters governed by the Convention (‘Declaration of Competence’ – Annex II).
(18) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on [...].
(19) [In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Ireland has notified [, by letter of …,] its wish to take part in the adoption and application of this Decision.”] OR
[In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.]
(20) In accordance with Articles 1 and 2 of Protocol No 22 on the position of the Kingdom of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the Kingdom of Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(21) The Convention, the attached reservations and notifications, and the Declaration of Competence should be approved.