In especially serious cases of computer fraud, the penalty is imprisonment for a term not exceeding five years or a fine. 263a of the German Criminal Code (so-called “computer fraud”) and is punishable with imprisonment for up to five years or a fine. The use of such data with the intent of obtaining an unlawful material benefit would constitute a criminal offence under Sec. 202b of the German Criminal Code and is punishable with imprisonment for up to two years or a fine. The unlawful interception of data by technical means from a non-public data-processing facility constitutes a criminal offence according to Sec. Phishing can constitute two different criminal offences. Also, it is important to note that the sole attempt is punishable and if the data- processing operation is of substantial importance for another’s business or enterprise, or a public authority, the penalty can be imprisonment for up to five years or a fine. The same applies to destroying, damaging, rendering unusable, removing or altering a data-processing system or data carrier. According to this provision, whosoever interferes with data-processing operations that are of substantial importance to another by deleting, suppressing, rendering unusable or altering data, or by entering or transmitting data with the intention of causing damage to another, shall be liable to imprisonment for up to three years or a fine. 303b of the German Criminal Code (so-called “computer sabotage”). Depending on the facts of the case, “hacking” could possibly come under the definition of both of the offences set out above, depending on the level of protection applied to the data in question.ĭenial-of-service attacks constitute a criminal offence according to Sec. 202b, whoever, without being authorised to do so, intercepts data that are not intended for them, either for themselves or another, by technical means from non-public data transmission or from an electromagnetic broadcast from a data- processing facility, incurs a penalty of imprisonment for a term not exceeding two years or a fine, unless the offence is subject to a more severe penalty under other provisions. 202a, whosoever unlawfully obtains data for himself, or another, that was not intended for him and was especially protected against unauthorised access, if he has circumvented the protection, shall be liable to imprisonment not exceeding three years or a fine. 202b of the German Criminal Code (so-called “data espionage”, Sec. ![]() Hacking constitutes a criminal offence according to Sec. ![]() 1.1 Would any of the following activities constitute a criminal or administrative offence in your jurisdiction? If so, please provide details of the offence, the maximum penalties available, and any examples of prosecutions in your jurisdiction:
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