IT Criminal
Law

Cybercrime is a collective term for all offences that are committed using information technology (IT). It is therefore a cross-cutting issue throughout (commercial) criminal law. The direction of the offences covered by this term varies: information technology systems themselves can become the target of criminal offences, e.g. when spying on data in accordance with Section 202a StGB through hacker attacks. However, the use of information technology can also be a mere means of committing an offence, e.g. in the case of fraud pursuant to Section 263 StGB through phishing emails.

The defence of accused persons is primarily concerned with accusations of spying on data, betrayal of business secrets, (computer) fraud and money laundering. Technically new issues are often not yet fully covered by law. We recognise and make optimum use of the resulting defence potential.

Typical IT investigative measures In addition to the area of cybercrime, IT criminal law also includes the gathering of digital evidence in criminal proceedings. Experienced attorneys are available at all of our law firm's locations who can provide you with immediate assistance in the event of a dawn raid, review and seizure of data or requests for the surrender of data in order to set the right course for further proceedings.

Encryption and anonymisation techniques are enormous challenges for the investigating authorities. However, the special competences of the police and public prosecutor's office as well as the continuous expansion of investigative powers allow law enforcement agencies far-reaching access even to specially protected data. We know the shifting boundaries of what is technically possible and legally permissible and know how to best represent our clients' interests in this area of conflict.

We check for companies whether their business models based on information technology entail criminal law risks and how these can be minimised or excluded if necessary. For this purpose, we also prepare legal opinions if required.

We advise companies as victims of hacker attacks, which often take the form of DDoS attacks, ransomware attacks or CEO fraud. If people access company data from outside - or even from within - rapid action is required. We work with IT forensics companies of various sizes to provide the right support in an emergency. We can support crisis management as well as handle communication with law enforcement, IT security and data protection authorities. In the aftermath of a cyber incident, we advise on which IT compliance measures may be useful for the affected company.

Lastly, we advise companies on implementing technical and organisational data protection measures. If data protection violations occur, we represent the company in dealings with the supervisory authorities.

• Directors, Boards
• Self-employed persons and employees in the IT-sector
• Compliance Officers
• Victims of cyber crime

Specialisation and experience

As specialist lawyers for criminal law, we have a particular focus on cybercrime. Our in-depth expertise in IT criminal law ensures that our clients receive targeted and expert advice and defence. Our know-how ranges from general criminal procedural issues to specific IT offences.

Track record

We have a proven track record in representing clients in complex cases. Our lawyers have often brought about decisive turnarounds in criminal proceedings and helped to protect our clients

Personal commitment

Each case is unique to us and our personal commitment reflects that. We are committed to supporting our clients, carrying out thorough analyses and developing individual defence strategies.

Trusted partners

The trust of our clients is important to us. As trustworthy partners, we ensure that every step in the proceedings is communicated transparently and comprehensibly.

What happens during an initial assessment?

During the initial assessment, we briefly analyse your case and provide an initial legal evaluation. You will receive an overview of possible legal steps, chances of success and how to proceed.

How much does the consultation cost?

The cost of the consultation depends on the scope and complexity of the case. We offer transparent pricing models and inform you in advance of all costs incurred to avoid any surprises.

When will I receive feedback on my enquiry?

You will usually receive a response to your enquiry within 24 hours on working days. Our aim is to assist you quickly and efficiently.

What is the collaboration process?

The process begins with your enquiry, followed by an initial assessment and consultation. Once we have been mandated, we develop a customised strategy for your case, represent you legally and keep you informed every step of the way.

Initial contact and consultation

During the first consultation, you and your concerns take centre stage. We take the necessary time to understand your concerns and make an initial assessment of your legal situation. This step is fundamental to ensure that we have all the relevant information to provide you with the best possible advice.

Analysis and strategy development

Based on the initial consultation, we analyse the case in detail and develop a tailor-made strategy. Our experience in IT criminal law enables us to take all relevant factors into account.

Representation and enforcement

In the final step, we represent your interests with vigour and commitment in the investigation proceedings and in court. Our lawyers take care of communication with the authorities and ensure professional representation at the main hearing.

When do I need a lawyer for IT criminal law?

If you are accused of having committed an IT-related offence or have been the victim of cybercrime, you need a specialist lawyer. This includes cases such as unauthorised access to data or systems and unauthorised processing of personal data.

What should I do if my company has been a victim of cybercrime?

If your company has been the victim of cybercrime, you should secure evidence immediately so that you can report it to the Central Contact Point for Cybercrime at a later date. It is also advisable to consult a lawyer specialising in IT criminal law, who will inform you of your rights and support you in taking action against the perpetrators.

How can I defend myself against allegations of cybercrime?

Defending against cybercrime allegations requires technical and legal expertise. A specialist lawyer can assess evidence, develop a defence strategy based on the specific circumstances of your case and communicate with the relevant authorities on an equal footing.

What are the penalties for violating IT criminal law?

The penalties for violations of IT criminal law vary depending on the severity of the offence and can range from fines to imprisonment. In serious cases, such as serious computer fraud or operating criminal trading platforms on the Internet, long prison sentences can be imposed.

How can I protect my company against offences under IT criminal law?

To protect your company, you should ensure that all employees are informed about the legal framework and that regular training on data protection and IT security takes place. It is also advisable to protect the IT infrastructure with technical and organisational measures and to seek legal advice.