Strafgesetzbuch Arts. 126a to 126c, Data Damage, System Interference and Misuse of Devices
StGB, LGBl. 1988 Nr. 37, §§ 126a-126c, inserted by LGBl. 2009 Nr. 228
In force since .
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not change, delete, or otherwise make unusable or suppress data processed, transmitted, or supplied by automation that is not at your sole disposal, in a way that causes damage to another person.
- Do not seriously interfere with the functioning of a computer system that you may not use, or may not use alone, by entering or transmitting data.
- Do not develop, distribute, procure, or possess a computer program, password, or access code evidently created or adapted to commit unauthorized access, data damage, or system interference, with the intent to use it for that purpose.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 126a (damage to data): up to six months' imprisonment or a fine of up to 360 daily rates for the base offense; up to two years where the damage exceeds CHF 7,500; up to three years for compromising a great number of systems with a purpose-built tool; six months to five years where damage exceeds CHF 300,000, the act compromises critical infrastructure, or it is committed by a criminal group. Section 126b (interference with system functioning) carries the identical escalating structure. Section 126c (misuse of computer programs or access data): up to six months' imprisonment or a fine of up to 360 daily rates, with no punishment where the person voluntarily prevents the tool's use before any danger materializes.
What it makes you log
Logging duty
Section 126a punishes damaging data, section 126b seriously interfering with a computer system, and section 126c making or possessing programs or access codes for those offences or for unauthorized access. It imposes no duty to create, keep, produce or review a log or record. The Code's general territorial provisions are not invoked by these sections, so no hook is read from them.
- Kind
- None
- As of
What this law does
Section 126a punishes a person who damages another by changing, deleting, or otherwise making unusable or suppressing data not at that person's sole disposal, with up to six months' imprisonment or a fine of up to 360 daily rates, rising to up to two years where the damage exceeds CHF 7,500, up to three years for compromising a large number of systems with a purpose-built tool, and six months to five years for damage exceeding CHF 300,000 or an act against critical infrastructure or by a criminal group.
Section 126b punishes serious interference with a computer system's functioning on the same escalating structure. Section 126c punishes developing, distributing, or possessing a computer program or password evidently created to commit any of these offenses, or the offense at § 118a, with up to six months' imprisonment or a fine of up to 360 daily rates, with a defense for a person who voluntarily prevents the tool's use.
An aggressive scraping or crawling operation that changes, deletes, or degrades data or a system it does not control, or that uses a purpose-built tool to compromise a large number of systems, is reached by this chapter. Sections 126a and 126b were inserted, and 126c enacted, by LGBl.
2009 Nr. 228, published , whose own commencement clause fixes that publication day as its Inkrafttreten; the higher CHF 300,000/critical-infrastructure/criminal-group tier of Secs. 126a and 126b was added later by LGBl. 2019 Nr. 124, in force , without altering the base offenses described above.
When LexLint raises it
When your app profile says your app crawls the web.
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