Cyber Law at Liechtenstein
Liechtenstein has established a robust legal framework to address cybercrime, data protection, and digital resilience, aligning with international standards and European Union regulations.
🛡️ Cybercrime Legislation
Liechtenstein's Criminal Code encompasses various provisions targeting cybercrimes, including
Fraudulent misuse of data processing: Punishable by imprisonment up to six months or a monetary penalty. If financial damage exceeds CHF 7,500 or the act is committed for commercial gain, the penalty increases to imprisonment up to three years. For damages over CHF 300,000, imprisonment ranges from one to ten years
Data theft: Imprisonment up to three years or a monetary penalty for unlawfully accessing data
Data corruption and system interference: Penalties include imprisonment up to six months or a monetary penalty These provisions are in line with the Budapest Convention on Cybercrime, to which Liechtenstein is a party The Convention's requirements are integrated into Liechtenstein's legal system, covering both substantive and procedural criminal law
🔐 Data Protection
Liechtenstein's Data Protection Act (DPA), effective since 2002, aims to protect individuals' personal dat. It aligns with the EU's General Data Protection Regulation (GDPR), ensuring the lawful processing of personal data and safeguarding individuals' right. The Financial Market Authority (FMA) oversees data protection within the financial sector, processing personal data in accordance with the GDPR and national data protection law.
🏦 Digital Operational Resilience
Liechtenstein is implementing the Digital Operational Resilience Act (DORA), aligning with EU regulations to enhance the financial sector's resilience against ICT-related incidents The forthcoming DORA-DG law will introduce penal and administrative provisions to enforce DORA's requirements, effective upon its incorporation into the European Economic Area Agreement.
🌐 International Engagement
Liechtenstein actively participates in international cybersecurity initiatives:
*Budapest Convention: Ratified in 2016, with specific declarations and reservations regarding mutual legal assistance and data preservation.
*Octopus Cybercrime Community: Engaged in fulfilling obligations related to mutual legal assistance and international cooperation.
*Council of Europe: Addressing cyberviolence through the incorporation of relevant provisions into the Criminal Cde.
📌 Conclusion
Liechtenstein has developed a comprehensive legal and institutional framework to address cybercrime, data protection, and digital resilience. By aligning with international conventions and EU regulations, the country ensures a secure digital environment for individuals and businesses.
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