best practices within the UN, and proposes to establish a mechanism to put in practice the
norms of responsible state behaviour and promote capacity building. In addition, the High
Representative aims to strengthen and encourage the implementation of confidence-building
measures between states, including sharing best practices at regional and multilateral levels
and contributing to cross-regional cooperation.
Increased global connectivity should not lead to censorship, mass surveillance, data privacy
breaches and repression against civil society, academia and citizens. The EU should continue
to lead on the protection and promotion of human rights and fundamental freedoms
online. To this end, the EU should promote further compliance with international human
rights law and standards106, and operationalise its Action Plan on Human Rights and
Democracy 2020-2024107, and advance its Human Rights Guidelines on Freedom of
Expression Online and Offline108, offering a new impetus on the practical application of
EU instruments. The EU should make sustained efforts to protect human rights defenders,
civil society and academia working on issues such as cybersecurity, data privacy,
surveillance and online censorship. To this end, the EU should provide further practical
guidance, promote best practices and step-up its efforts to prevent the misuse of emerging
technologies, notably through the use of diplomatic measures where necessary, as well as the
export control of such technologies. The EU should also continue to fight for the protection
of the most vulnerable members of society online, by putting forward legislation to better
protect children against child sexual abuse and exploitation and a Strategy on the Rights of
the Child.
The Budapest Convention on Cybercrime
The EU continues to support third countries that wish to accede to the Council of Europe
Budapest Convention on Cybercrime, and work to finalise the Second Additional
Protocol to the Budapest Convention that includes measures and safeguards to improve
international cooperation between law enforcement and judicial authorities, as well as
between authorities and service providers in other countries, and for which the Commission
participates in the negotiations on behalf of the EU109. The current initiative for a new legal
instrument on cybercrime at UN level risks to amplify divisions and slow down much needed
national reforms and related capacity building efforts, potentially hindering effective
international cooperation against cybercrime: the EU does not see a need for any new legal
instrument on cybercrime at UN level. The EU continues to engage in the multilateral
exchanges on cybercrime to ensure the respect of human rights and fundamental freedoms,
through inclusiveness, transparency, and taking into account available expertise, with the goal
of delivering added value for all.
3.2
Cooperation with partners and the multi-stakeholder community
The EU should strengthen and expand its cyber dialogues with third countries to promote
its values and vision for cyberspace, sharing best practices, and seeking to cooperate more
effectively. The EU should also establish structured exchanges with regional
organisations such as the African Union, the ASEAN Regional Forum, the Organisation of
106
Notably the UN Charter and the Universal Declaration of Human Rights.
https://www.consilium.europa.eu/en/press/press-releases/2020/11/19/council-approves-conclusions-on-theeu-action-plan-on-human-rights-and-democracy-2020-2024/
108
https://www.consilium.europa.eu/media/28348/142549.pdf
109
Council Decision of June 2019 (ref 9116/19)
107
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