Cybercrime and Data Protection

The use of information technology and the handling of data are now part of everyday life - both in our business and private lives. This applies in particular to the Internet, whose extensive absence of state regulation on the one hand opens up numerous possibilities, but on the other hand can also promote abuse.

In addition to the original data-related "hacking" offenses, such as data espionage (§ 202 a StGB), data tampering (§ 303 a StGB) and computer sabotage (§ 303 a StGB), cybercrime may also cover conventional offenses committed through the Internet or by other information technologies. This includes digital piracy and copyright infringement, criminal offenses against personal rights and secrets such as identity theft, but also techniques such as phishing, skimming, card-sharing as well as fraud allegations in the area of e-commerce. Criminal charges can be directed not only against users of data, but also against the provider.

Not infrequently, criminal investigations in the area of IT criminal law are based on the investigating authorities' lack to fully comprehend the technical aspects involved. Defence in cybercrime matters therefore requires first and foremost a sound understanding of technology, but also requires good knowledge of the key regulatory frameworks, such as the Telecommunications Act (TKG) and the Telemedia Act (TMG).

Kai Peters and Dr. Hendrik Pekárek have extensive experience in the area of IT criminal law, both as an individual defenders and as consultants to companies who have been victims of IT criminal offenses or who have been targeted by criminal investigations.