Unauthorised access to a computer system and information carrier and criminal liability in the Czech Republic

In the Czech Republic, the confidentiality of computer data and computer systems (as well as parts thereof) is protected. The computer system is protected against threats to its security. In addition, the integrity and availability of computer data and systems is logically protected by law.

The integrity and availability of computer data and systems, on the other hand, are primarily protected in the provisions of Section 230, paragraph 2 of the (Czech) Criminal Code. Violations of these principles generally qualify criminal acts carried out in the context of cybercrime. However, even seemingly simple acts that one may more commonly encounter, such as unauthorised or unlawful access to social network interfaces such as Facebook, Instagram and so on, are criminal acts and the perpetrator must bear criminal liability for such acts within the meaning of Czech law. These acts have already been assessed as criminal by the judicial authorities in the Czech Republic. This also applies in situations where a security measure with a very low level of such security measure or a security defect in a computer system is overcome within the meaning of Section 230, paragraph 1 of the (Czech) Criminal Code. For example, the Supreme Court's resolution of 22 March 2023, file no. 3 Tdo 74/2023, or the Supreme Court's resolution of 25 June 2024, file no. 8 Tdo 450/2024.

In case you have encountered any form of cybercrime in the Czech Republic, the law office of JUDr. Pavel Brach, LL.M., Attorney at Law, phone number: +420603929698, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it., is at your disposal and available for legal assistance.

Contact

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Praha 11 – Chodov
149 00

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Praha 4 – Chodov
148 00

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