Consultancy to Provide a Report on National Cybercrime Laws in the Commonwealth

Purpose of the assignment

The Commonwealth Secretariat is seeking a consultant to undertake desk review research to produce a comprehensive and evidence-based overview report on the cybercrime legal landscape of Commonwealth countries[1].

The report will include relevant statutes and legislative instruments, administrative regulations, landmark case laws and additional related text which are relevant in managing cybercrime cases in Commonwealth countries. The consultant can avail themselves of data contained in the Commonwealth Regional Mapping and Analysis of Cybercrime laws in the Commonwealth.[2]

The laws and legal provisions to be considered in the Mapping Report are those relevant to cybercrime, including computer misuse, electronic evidence and cybersecurity and other international cybercrime commitments related to these instruments.[3]

The Report will form the basis of understanding the level of expertise required for technical assistance and consensus building on cybercrime across the Commonwealth. Consequently, the Mapping Overview Report should contain sufficient material to inform readers on the cybercrime landscape of Commonwealth countries, identifying countries or regions that have adopted robust anti-cybercrime frameworks and countries or regions that require technical assistance to strengthen their anti-cybercrime frameworks.

Under the overall supervision of the Head of the Rule of Law Section or their delegate, the consultant will be required to:

1. Conduct the mapping and analysis of cybercrime laws as follows:

• develop a data-collection strategy and relevant data collection templates
• conduct desk research on the relevant national cybercrime policies, strategies, legislation and institutional frameworks
• lead the processing, sorting, coding, and analysis of data collected and analyse collated data to generate relevant findings

2. Use the information gathered through the desk research to develop a report, identifying and highlighting in clear and succinct terms:

• past and ongoing anti-cybercrime interventions in Commonwealth countries
• present country information on cybercrime according to regions
• key gaps in target country’s current anti-cybercrime policy, legal, legislative, institutional and international cooperation frameworks
• key recommendations on reforms required to strengthen the anti-cybercrime policy, legislative, and institutional frameworks in the Commonwealth, to guide Commonwealth countries in the development of domestic laws in line with international obligations and best practices.

3. Ensure timely reporting on the project in accordance with the timelines below 
4. Ensure quality control of project deliverables
5. Work collaboratively with staff of the Commonwealth Secretariat

Deliverables and outputs

Indicators to evaluate consultant’s performance

Evaluation of potential candidates shall be based on competency and cost. In addition, all outputs will be assessed in accordance with the following indicators.

Profile of candidate

Education and Experience

• Minimum of master’s degree in law, public policy or another relevant field
• Minimum of ten (10) years relevant experience in supporting the strengthening of criminal justice systems
• Demonstrable track record in the conduct of sector-level assessments or similar assignments in developing countries (ideally in a Commonwealth member country)
• Demonstrable experience in the provision of legal and policy advice, analysis and legal drafting
• Proven relevant publishing and/or research writing record

Language

• Excellent English writing and communicating skills required.

Knowledge, Skills and Abilities

• Solid understanding and knowledge of cybercrime and of influencing the building of effective anti-cybercrime policy, legal, institutional and international cooperation frameworks
• Strong research design and report writing skills, including capacity to prepare accurate, relevant, reliable and analytical legal and policy reports
• Strong technical drafting and editing skills with attention to detail
• Ability to work under pressure while keeping to timelines 
• Ability to work with a high degree of accuracy and attention to detail on complex assignments
• Sound organisational and planning skills, including proven ability of meeting strict deadlines
• Reasonable flexibility to adapt to limited changes in the terms of reference
• Strong interpersonal and communication skills and ability to work constructively with internal and external stakeholders

Administrative arrangements

Tasks and activities associated with the Terms of Reference (TOR) are expected to be completed over a contract period from January 2023 to March 2023.

The consultant will receive £10,000(VAT inclusive) for the consultancy, which will be paid in accordance with the schedule of payment set out in the contract. 

Payment will be made upon satisfactory completion of work signed off by the Commonwealth Secretariat and within 30 days upon submission of the invoice.

Applicants should send a CV and a quote (including the number of consultancy days) to [email protected] before 17:00 GMT on Friday 06 January 2023.

Evaluation will be based on competency and cost. Priority will be given to consultants   that are Commonwealth citizens or entities registered in a Commonwealth country.

The consultant will receive payments on a payment schedule and in accordance with the terms of the consultancy offer letter. 

[1] Antigua and Barbuda, Australia, Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei Darussalam, Cameroon, Canada, Cyprus, Dominica, eSwatini, Fiji, Gambia, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Mozambique, Namibia, Nauru, New Zealand, Nigeria, Pakistan, Papua New Guinea, Rwanda, Saint Lucia, Samoa, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, St Kitts and Nevis, St Vincent and The Grenadines, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom, Vanuatu, Zambia, Gabon and Togo.  

[2] Consultant shall be given access to all 5 regional reports.  

[3] Such as the Council of Europe Budapest Convention