Atty. Mary Mar Samaniego A.
Head of the Department of Criminal Liability, Operations and Control of Illicit Markets
Dear Friends and Clients:
The Convention on Cybercrime, also known as the Budapest Convention, is an important international pillar in the fight against cybercrime. This global convention establishes a comprehensive legal framework to facilitate cooperation among nations to effectively prevent, investigate, and prosecute cybercrime.
In December 2019, Ecuador formally expressed its interest in joining this global initiative when its diplomatic mission in Brussels informed the Council of Europe of the government's desire to accede to the Budapest Convention. The ratification of this convention is an important step for Ecuador, as it offers several benefits:
Benefits of Ratification
1. Legal and Technical Strengthening
Acceding to the Convention will mean updating Ecuador's laws and regulations, as well as specialized training in cybersecurity and cybercrime.
2. International Cooperation
Accession to the Convention will allow Ecuador to work closely with other countries, facilitating the exchange of critical information and best practices to combat cybercrime.
3. Protection of National and Citizen Security
Implementation of the Convention will strengthen Ecuador's ability to address cyber threats, thereby protecting the stability and well-being of the country and its citizens.
Constitutional Requirements and Future Legislative Steps
On March 21, 2024, the Constitutional Court of Ecuador issued Ruling No. 1-24-TI/24, establishing that the ratification of the Budapest Convention requires prior legislative approval.
This step is crucial, as it provides for reforms to the Organic Integral Penal Code in order to align Ecuadorian legislation with international standards in this area.
The treatment and discussion of the Convention in the legislative arena is the next major step. It is important to follow this process closely, as the ratification of the Convention will be a significant step forward in the fight against cybercrime in Ecuador.
We will keep you informed of any developments related to this important issue for national security and international cooperation in the field of cybersecurity.
Need specialized legal advice?
We remain at your disposal to provide specialized legal advice and protection against cyber-attacks.
