1. Public-private cooperation
Արևելյան Գործընկերություն
Східне партнерство Eastern Partnership აღმოსავლეთ პარტნიორობა Parteneriatul Estic Şərq tərəfdaşlığı Partenariat Oriental Усходняе Партнёрства
Project III
Public-private cooperation
Draft Memorandum of Understanding
Markko Kunnapu
Ministry of Justice of Estonia
Council of Europe

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

3. What are the conditions?
Legal framework
Organizational framework
Contact points
Trust 3

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

5. 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 5

6. 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 6

7. 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 7

8. 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 8

9. 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 9

10. 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 10

11. 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 11

12. 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 12

13. Thank you for your attention 13