Argentina: The signing of the Second Additional Protocol to the Budapest Convention on Cybercrime

In brief

On 16 February 2023, Argentina signed the Second Additional Protocol ("Second Protocol") to the Convention on Cybercrime, known as the Budapest Convention, becoming its 35th signatory state.

The Second Protocol responds to the challenge of obtaining electronic evidence that may be stored in foreign jurisdictions when carrying out criminal investigations. It also aims to provide tools to enhance cooperation and disclosure of electronic evidence.


In focus

The Budapest Convention is considered the most comprehensive and coherent international agreement on cybercrime and electronic evidence. It provides for the criminalization of certain conduct — ranging from illegal access, data and systems interference to computer-related fraud and child pornography — and contemplates procedural powers to investigate cybercrime and secure electronic evidence in relation to crimes.

The Second Protocol was opened for signature on 12 May 2022. It offers innovative tools, such as the following:

  1. Direct requests to registrars and authorities in other jurisdictions to obtain domain name registration information
  2. Direct cooperation with service providers in other jurisdictions to obtain subscriber information
  3. More effective means to obtain subscriber information and traffic data through government-to-government collaboration
  4. Expeditious assistance in emergency situations
  5. Joint investigation teams and joint investigations
  6. Video conferencing, with a system of human rights and rule of law safeguards, including for the protection of personal data

The Second Protocol compels parties to adopt measures to empower their authorities to issue orders to be submitted either directly to a service provider in the territory of another party, or to authorities from the requested party.

Moreover, legislative and other measures are expected to be adopted by parties to give effect to said orders. After the signature of the Second Protocol, Congress now has the opportunity, through parliamentary debate, to either approve and/or define reservation clauses.

Click here to access the Spanish version.

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.