Introduction

Matrix organization

Mergers by absorption

Risks related to the expansion of the scope of criminal liability of legal entities

Validity conditions

Proof of delegation

Exemption from individual liability of delegator

Attribution of offense to legal entity

Delegations of authority

Criminal risk management within business organizations

Complicity in crimes against humanity

Breaches of secrecy

Personal data breaches

Theft

Extortion

Blackmail

Fraud

Misappropriation

Receiving/concealment of unlawfully obtained property (recel)

Attacks on automated data processing systems

Money laundering

Misappropriation by public official (concussion)

Corruption and influence peddling

Unlawful acquisition of an interest

Favoritism

Forgery and use of forgeries

Violation of Criminal Code

Offenses under the Monetary and Financial Code

Offenses under the Commercial Code

Environmental Code violations

Offenses arising from other codes

Types of offenses

Offenses under the Criminal Code, the Commercial Code, or the Environmental Code, Criminal procedure

White Collar Crime (en cours)

Pursuant to Article 323-3 of the Criminal Code, the act of fraudulently introducing data into an automated data processing system, extracting, possessing, reproducing, transmitting, deleting, or fraudulently modifying the data it contains is punishable by five years of imprisonment and a fine of 150,000 EUR. When this offense is committed against an automated data processing system for personal da …

Data integrity breach

Pursuant to Article 323-3 of the Criminal Code, the act of fraudulently introducing data into an automated data processing system, extracting, possessing, reproducing, transmitting, deleting, or fraudulently modifying the data it contains is punishable by five years of imprisonment and a fine of 150,000 EUR. When this offense is committed against an automated data processing system for personal data implemented by the State, the penalty is increased to seven years of imprisonment and a fine of 300,000 EUR.

The introduction involves the incorporation of new computer characters on a system device and the deletion constitutes a physical breach of data integrity. This is the case with the introduction of fictitious data, such as fictitious stock orders without any economic reality, subsequently canceled, these data being intended, in particular, to eliminate exposure to market risks and to conceal the defendant's off-mandate and off-limit commitments  or the deletion by an employee of their employer's hotel accounts on two social networks after hacking one of them . It is not necessary for the modifications or deletions to come from a person without access rights to the system, nor for their author to be motivated by the intent to harm . The modifications or deletions are necessarily fraudulent when they have been knowingly concealed from at least one other user of the processing system, even if they do not have modification rights. Conversely, the offense is not constituted when the modification or deletion of data is carried out by the sole holder of access and modification rights, without concealment from any other potential users of the system .

Article 323-3 does not require that the modification be carried out in violation of legal, regulatory, or contractual provisions . It is sufficient that the interference with the operation is intentional. This is the case with the modification of the computer coding of medical acts knowingly carried out by the defendant without the knowledge of his associates in order to conceal from them the receipt of fees he had contractually committed to disclose to them .

On the other hand, employees are not attempting to fraudulently conceal or delete data when they format the hard drive of their computer before returning it and reinstall the operating system and applications, a common practice in the profession to avoid returning elements containing personal data to the employer .

Civil action being open only to the party who has suffered personal damage directly caused by the offense, the IT specialist responsible for maintaining the altered computer system, who is not the owner of the affected data, does not suffer personal harm directly resulting from the offense provided for by Article 323-3 of the Criminal Code .

Cass. crim., 19 March 2014, LawLex202200003025JBJ.

CA Montpellier, 22 October 2014, LawLex202200010044JBJ.

Cass. crim., 8 June 2021, LawLex202200002021JBJ.

Cass. crim., 8 June 2021, LawLex202200002021JBJ; 7 January 2020, LawLex202200001626JBJ.

Cass. crim., 8 February 2012, LawLex202200009855JBJ.

Cass. crim., 23 October 2007, LawLex202200010045JBJ.

Cass. crim., 9 December 2015, LawLex202200006465JBJ.

White Collar Crime (en cours)

98. Data integrity breach

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

98. Data integrity breach

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise