How do I defend myself legally against Internet criminals?

• Phishing or other spying and unauthorised use of access data

  • Anyone involved in phishing for data and using the access data of other people without authorisation risks a conviction under the German Criminal Code, including for computer fraud (Sections 263 or 263a of the StGB). As a victim, you should contact the police. You can find your local police station here.

• E-commerce fraudsters

  • Online commerce offers criminals a broad playing field, from fraud and manipulation of payment transactions, to the sale of counterfeit products such as medicines or stolen goods. More information on offences of this kind is available on the police websites.

• Hacking/manipulating data

  • When hackers not only gain unauthorised access to another person's computer system, but also access, delete, change or exchange files, that's when things really start to serious: they risk punishment under the German Criminal Code for spying out data (Section 202a of the StGB) and, where applicable, data alteration and computer sabotage (Sections 303a, 303b of the StGB). This also applies, for example, if a protected wireless local area network (WLAN) is cracked and the user then surfs the Internet at someone else's expense or manipulates data.

• The Nigeria connection etc. - receiving fraudulent offers

  • The police crime prevention department provides information on the subject of advance payment fraud / Nigeria letters. The scam is always the same: the addressees are asked to help transfer money abroad or similar dubious services. Large profits are promised - but only if advance payments are made. If you have suffered damage in connection with similar forms of fraud (Section 263 of the StGB), file a criminal complaint with the fraud investigation office at your local police station.

What should I watch out for when creating a website?

Under the Copyright Act, authors of literary, scientific and artistic works enjoy special protection. In particular, music, pictures, films, literature, but also representations of a scientific/technical nature (for example, city plans, construction drawings) and software are protected. Anyone who programmes a website must therefore ensure that they have a user licence for the software used. Failing to do so risks civil or criminal consequences - even if the website is not used for commercial purposes. Detailed information on this topic is available on the BKA website "FAQs - Copyright" and on the i-rights.info website. Furthermore, when operating a website, you must also remember that there is an obligation to include an imprint under certain circumstances (especially if there is an "intention to make a profit").
Another important point: there can also be legal responsibility for the content on pages you only link to. The nature and extent of this liability is, however, legally very controversial; more detailed information on this can be found on Wikipedia. A precautionary tip: as the operator of a website, visit the linked pages at regular intervals. This way you can make sure that the domain has not been sold, for example, and check the site does not contain unauthorised content.

When is downloading data from the Internet prohibited?

The legal situation regarding downloading or copying pieces of music, films or software is regulated by copyright law. Detailed information on the legalities of file sharing, MP3 and CD copies can be found on the i-rights website. The operators of this project, who include university professors and consumer protection experts as well as media artists, provide a systematic, factual and clear presentation of the aspects and regulations of current copyright law that affect private individuals.

How strict is data protection on the Internet?

You are confronted with data protection issues at every turn in the virtual world: after all, almost every online activity leaves traces on the net, from sending e-mails to visiting chats and websites and downloading files. This information may only be stored and used within a narrow legal framework. Detailed information on these legal limits and the possible measures against misuse can be found on the websites of the Data Protection Officers in each state and the Federal Data Protection Officer.

What restrictions exist on the use of diallers and mobile phone payments?

The use of diallers is subject to strict rules, such as the type and setting of prices, legitimation obligations and registration. The Federal Network Agency provides legal information on its website.
The providers of mobile phone payment services have developed a code of conduct within the framework of their voluntary self-regulation, with which they commit themselves, for example, to transparency and price ceilings and reject dubious business practices. More information on mobile payment can also be found on the pages of the Dialler Protection Information Service.

How can I prevent the spread of illegal content on the Internet?

Unfortunately, there are a lot of sites on the Internet that contain illegal content such as child pornography, violence or racism. You can find more information in the section on child protection, on the police websites or, specifically relating to child pornography, on the BKA pages. If you discover content like this on the Internet, the complaint offices of thejugendschutz.net and the reporting office for the Verband zur Freiwilligen Selbstkontrolle (English: Assocation for Voluntary Self Regulation) offer active support. These organisations can take appropriate steps against the site operators up to and including shutting down/blocking the websites.

What can I do against misuse of my electronic mailbox?

Unsolicited commercial e-mails, known as spam messages, lead to clogged mailboxes and unnecessarily long, expensive download times. Spam is also often used to advertise expensive telephone numbers. The Federal Network Agency has been authorised by the Telecommunications Act to take action against this and provides information on its website. However, anyone who is responsible for the e-mail accounts of several people in a company, for example, must consider an additional aspect: anyone who prematurely sorts mail using spam criteria, for example, may be interfering with the user's telecommunication freedom as the addressee loses part of "their mail". In order to protect oneself here, the use of spam filtering programmes in a company network should be agreed with the individual employees.

How can I protect myself from malware?

Anyone who intentionally sends viruses, worms or Trojan horses is usually guilty of attempted or completed data alteration (Section 303a of the StGB), which is punishable under the German Criminal Code. If companies are involved, it may even be a case of computer sabotage (Section 303b of the StGB), which is punished even more severely. Trojan horses and other espionage programs may also be punishable for spying on data (Section 202a of the StGB). Prevention through protective programmes and prudent behaviour is the most important weapon against computer malware - you can find a list of security tips on our website or on the police websites. If you want to take action after you have suffered damage, contact your local police station.

Can I become an Internet criminal without realising or intending this?

Many computer malware programs spread independently by forwarding themselves to addresses found on infected computers. However, the owner of the affected device is not liable to prosecution, because the non-negligent or unknowing spreading of malware such as viruses or worms is generally not a criminal offence. Nonetheless, civil liability may arise even in the case of negligence. Note: Under certain circumstances, companies have an increased duty of care, which may result from liability under the German Stock Corporation Act or the Control and Transparency in Business Act (KonTraG), for example.