Hacking and Unauthorized Computer Access in Spain: Criminal Law & Legal Protection

Hacking in Spain: Legal Framework and Victim Protection

Spain implemented the EU Directive on attacks against information systems through the 2015 reform of the Código Penal. Art. 197 bis CP criminalizes unauthorized access to computer systems.

What is Criminal?

• Unauthorized system access (Art. 197 bis para. 1 CP)
• System interference (Art. 264 CP): damaging, deleting or altering data
• Interception of data: unauthorized capture of network communications
• Providing hacking tools: production or distribution of malware (Art. 197 ter CP)

Penalties

Art. 197 bis CP provides for imprisonment of 6 months to 2 years. Aggravated cases (critical infrastructure, organized crime) carry significantly higher sentences.

Who Can File a Criminal Complaint?

Both individuals and companies can act as injured parties and file a complaint. I assist with the Denuncia or Querella and represent you as Acusación particular throughout proceedings.

Evidence Preservation

• Secure and notarize log files
• Document IP addresses and timestamps
• Engage IT forensics specialists
• Report as early as possible

Conclusion

Hacking is treated seriously by Spanish courts. Contact me for an initial assessment of your case.