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Law / Switzerland

Swiss Criminal Code, Unauthorised Access to and Interference with Data Processing Systems

Swiss Criminal Code (StGB/CP/CP), SR 311.0, Art. 143, 143bis, 144bis

In force since .

A computer misuse rule binding public and private bodies.

Obligation class
Access restriction, Prohibition
Audit expectation
none

What it requires

  • Do not defeat a security measure to obtain unauthorised access to a data processing system, knowing the access is unauthorised.
  • Reading a public, unauthenticated page without defeating any access control has not itself been held to violate these provisions.
  • Do not obtain specially secured data not intended for you for your own or another's unlawful gain, and do not alter, delete or render unusable data stored or transmitted electronically without authority.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
NIST AI 600-1
OWASP LLM Top 10
OWASP Agentic Top 10
  • ASI03Identity and Privilege Abuse
MIT mitigations Draft
  • 2.1Model & Infrastructure Security
  • 3.2Data Governance
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Private right of actionNo

Criminal exposure note

Article 143bis(1): a custodial sentence not exceeding three years or a monetary penalty, prosecuted on complaint. Article 143(1): a custodial sentence not exceeding five years or a monetary penalty for unlawful-gain data acquisition. Article 144bis(1): a custodial sentence not exceeding three years or a monetary penalty for unauthorised data interference, rising to five years and ex officio prosecution where the offender caused major damage.

What it makes you log

Logging duty

Articles 143, 143bis and 144bis define offences: obtaining data secured against unauthorised access, unauthorised entry into a specially secured data processing system, and damaging data. They impose no duty to create, keep, produce or review a log or record, and name no audit, no auditor and no one who may demand a record. The articles state no territorial hook.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 143bis penalises, on complaint, any person who obtains unauthorised access by means of data transmission equipment to a data processing system that has been specially secured to prevent access, by a custodial sentence not exceeding three years or a monetary penalty; its current wording dates from the Federal Decree of implementing the Council of Europe Convention on Cybercrime, in force since .

Article 143 punishes, with a custodial sentence not exceeding five years or a monetary penalty, obtaining specially secured data not intended for the offender for the offender's own or another's unlawful gain, a narrower, gain-motivated offence.

Article 144bis punishes, on complaint, altering, deleting or rendering unusable data stored or transmitted electronically without authority, escalating to a custodial sentence not exceeding five years and prosecution ex officio where major damage results; its current wording dates from the sentencing-policy harmonisation act in force since .

When LexLint raises it

When your app profile says your app crawls the web or trains models.

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