Public-private cooperation Արևելյան Գործընկերություն Східне партнерство Eastern Partnership აღმოსავლეთ პარტნიორობა Parteneriatul Estic Şərq tərəfdaşlığı Partenariat Oriental Усходняе Партнёрства Project Cybercrime@EAP III Public-private cooperation Draft Memorandum of Understanding Markko Kunnapu Ministry of Justice of Estonia Council of Europe www.coe.int/cybercrime

Public-private cooperation Why it is so important? Purposes of using data Need to prevent and investigate crime www.coe.int/cybercrime www.coe.int/cybercrime 2

What are the conditions? Legal framework Organizational framework Contact points Trust www.coe.int/cybercrime www.coe.int/cybercrime 3

Basis for good cooperation Legal clarity Clear regulation and similar understanding Powers, rights and obligations Conditions and safeguards Remedies www.coe.int/cybercrime www.coe.int/cybercrime 4

Developments in Ukraine Series of Council of Europe workshops and meetings since September 2016 Reports in November 2016 and May 2017 Overview of the situation Recommendations to government authorities Draft amendments to legislation www.coe.int/cybercrime www.coe.int/cybercrime 5

The need for a MoU Memorandum of Understanding One of the recommendations to restore trust between public and private sector and to facilitate cooperation To involve major stakeholders in Ukraine and agree on detailed cooperation principles www.coe.int/cybercrime www.coe.int/cybercrime 6

The main elements of the draft MoU Promote the use of the ICT Recognise the need to cooperate and exchange of information Ensure protection of fundamental rights and freedoms To fight crime, in particular cybercrime www.coe.int/cybercrime www.coe.int/cybercrime 7

Draft MoU – areas covered Cooperation based on the rule of law and human rights Rule of law Cooperation based on law Conditions and safeguards Procedural powers – principle of proportionality www.coe.int/cybercrime www.coe.int/cybercrime 8

Draft MoU – areas covered Procedures and protocols of communications Cooperation – exchange of information, access to electronic evidence Procedures for sending and receiving requests Contact points between parties, rights and responsibilities www.coe.int/cybercrime www.coe.int/cybercrime 9

Draft MoU – areas covered Adequate level of knowledge and capacity building Personnel having professional level of knowledge and expertise Develop a system for capacity building and training in the areas of handling cybercrime, cyber-related incidents and electronic evidence Joint trainings including practical exercises for cybercrime and cybersecurity incidents www.coe.int/cybercrime www.coe.int/cybercrime 10

Draft MoU – areas covered Cooperation for prevention of Internet-related crime Identification of resources available Awareness raising measures to prevent crime, including guidelines on safe behaviour on the Internet Support to the Internet resources and Critical Information Infrastructure to ensure safer cyberspace in Ukraine www.coe.int/cybercrime www.coe.int/cybercrime 11

Draft MoU – expected outcome Joint working group to organise and participate in meetings to exchange practical experience and identify issues for improving the cooperation and exchange of information Additional guidelines if necessary Good practice guidance for lawful removal of electronic data, computer systems inspection and seizure of computer systems To facilitate better understanding To increase trust www.coe.int/cybercrime www.coe.int/cybercrime 12

Thank you for your attention www.coe.int/cybercrime www.coe.int/cybercrime 13