Please note that all my articles are for informational purposes only and not legal advice. I assume no liability for the content of my articles. The articles may be out of date, the legal situation may have changed, or the specific situation in a case may need to be assessed differently. A binding consultation can only be given by me directly in the individual case. Take advantage of my free brief consultation!
Federal Council fails to find majority against cybercrime
A bill from Bavaria to combat cybercrime was voted on in plenary on June 28, 2019, but did not receive the required absolute majority.
A motion from North Rhine-Westphalia was submitted on the same topic – it also failed to receive a majority.
What Bavaria had proposed
Bavaria had called for higher penalties and further investigative powers for law enforcement agencies to better combat cybercrime offenses.
Data misuse through digitalization
Bavaria justified its move by pointing to the many opportunities for misuse inherent in advancing digitization. Cybercrime is reaching a level that massively affects people’s privacy and sense of security, he said. Hacker attacks on computer systems were increasingly causing economic damage through production downtime or access to trade secrets.
Data less protected than objects
Current law does not adequately protect data from misuse. Computer crimes are too weakly punishable compared to property crimes. However, this is not a petty crime, so the penalties must be increased.
Server monitoring and online search
To enable law enforcement agencies to conduct more effective digital investigations, Bavaria called for cybercrimes to be included in the catalog of telecommunications surveillance. This would allow online searches and server monitoring if there is initial suspicion.
Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.
