Unauthorised access to a computer system – hacking:
28 March 2022
This means that an outsider intrudes into a computer system without being authorised to do so. This crime is better known as hacking. The violation of an access authorisation by an insider is also considered hacking. Simply entering a computer system without authorisation is punishable, even if the intruder only wants to test whether he can gain access. Breaking in to expose security shortcomings is also punishable, unless prior permission has been obtained from the owner of the IT system ('ethical hacking'). As soon as data is actually edited, removed, added, copied or damaged, a heavier penalty will be imposed. This increase applies even if the damage to data is unintentional. The attempt to break into a computer system will be punished just as severely as actually gaining access. Also punishable is anyone who orders hacking and/or anyone who uses data that he or she knows was obtained through hacking. For more information on this offence, a concrete punishment and/or advice tailored to your needs, contact our criminal lawyers at [email protected].