IT Criminal Law / Cybercrime

All criminal offenses that are in any way connected to the internet are collectively referred to as IT criminal law / cybercrime (also called cybercrime, computer criminal law, data criminal law, or internet criminal law).

IT criminal law and cybercrime in the narrower sense describes criminal offenses directed against the internet, data networks, information technology systems, or their data—that is, offenses originally rooted in the digital world. The corresponding provisions on so-called data espionage were inserted into the Criminal Code by the legislature to close gaps in criminal liability that emerged due to advancing digitalization:

  • Data espionage, § 202a StGB,
  • Interception of data, § 202b StGB,
  • Preparation of data espionage and interception, § 202c StGB,
  • Data handling, § 202d StGB.

Cybercrime in the broader sense encompasses all criminal offenses that are committed using communication and information technology but could just as easily be committed in the analog world. They are therefore distributed across very different areas of law, such as economic criminal law, sexual criminal law, competition criminal law, copyright criminal law, press law, general criminal law, or telecommunications law.

The following provisions regularly play a role in IT criminal law / cybercrime:

  • Computer fraud, § 263a StGB,
  • Falsification of legally relevant data, § 269 StGB,
  • Distribution, acquisition, or possession of pornographic content, §§ 184 to 184d StGB,
  • Insult, defamation, or slander, §§ 185 to 187 StGB,
  • Unauthorized exploitation of copyrighted works, unauthorized affixing of copyright designation, or unauthorized interference with related rights, §§ 106 to 108 Copyright Act,
  • Criminal infringement of trademarks, EU trademarks, or use of geographical indications, §§ 143 to 144 Trademark Act.

In the context of cybercrime, cross-border offenses naturally occur frequently, which regularly raises questions of international criminal law.

The field of IT criminal law / cybercrime is subject to constant change due to the rapid development in the digital world, and at the same time, investigative authorities are being equipped with increasingly far-reaching powers for data collection. It is therefore all the more important to seek legal advice at an early stage.

We always keep the latest case law and legislation in view and are happy to advise you on all areas of IT criminal law.