Data Espionage

Data Espionage in Europe

Acts Preparatory to Data Espionage and Phishing in Germany

Provisions relating to acts preparatory to data espionage and phishing in the German Criminal Code [1]: This criminal issue is covered by Chapter Fifteen, under the heading “Violation of Privacy,” located in Section 202c Acts preparatory to data espionage and phishing, which reads: (1) Whosoever prepares the commission of an offence under section 202a or section 202b by producing, acquiring for himself or another, selling, supplying to another, disseminating or making otherwise accessible passwords or other security codes enabling access 1. to data (section 202a (2)), or 2. software for the purpose of the commission of such an offence, shall be liable to imprisonment of not more than one year or a fine. (2) Section 149 (2) and (3) shall apply mutatis mutandis.

Data Espionage in Germany

Provisions relating to data espionage in the German Criminal Code [1]: This criminal issue is covered by Chapter Fifteen, under the heading “Violation of Privacy,” located in Section 202a Data espionage, which reads: (1) Whosoever unlawfully obtains data for himself or another that were not intended for him and were especially protected against unauthorised access, if he has circumvented the protection, shall be liable to imprisonment of not more than three years or a fine. (2) Within the meaning of subsection (1) above data shall only be those stored or transmitted electronically or magnetically or otherwise in a manner not immediately perceivable.

Resources

Notes

  1. The content of the translated German penal code in relation to data espionage is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to acts preparatory to data espionage and phishing is current as of 2010

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