The penalty is up to temporary imprisonment and a fine of 3 million dirhams

The new “cybercrime” law increases the penalty for harming information systems

The new law on combating information technology crimes, issued in accordance with Federal Decree-Law No. 34 of 2021 in the matter of combating rumors and cybercrime, increases penalties for specific crimes, including harming information systems in banking, media, health and scientific agencies, as well as state institutions and vital facilities, up to imprisonment. and a fine of no less than 500,000 dirhams and not more than three million dirhams.

The new law, which will be implemented starting from the second of next January, raised the maximum fine to two million dirhams instead of 500 thousand dirhams according to the old law, in addition to temporary imprisonment, for anyone who defrauded the information network with the intention of committing a crime, using an address belonging to others or by any other means.

In detail, the first chapter of the new law on combating rumors and cybercrime included two chapters on crimes and penalties, the first of which dealt with crimes related to information technology, in which the legislator increased penalties related to damage to information systems, compared to Law No. 5 of 2012. Article 4 stipulates imprisonment for a period of no less than For a year and a fine of no less than 500,000 dirhams and not more than three million dirhams or either of these two penalties, whoever intentionally causes damage, destruction, suspension or disruption of a website, electronic information system, information network, or information technology means.

The penalty shall be temporary imprisonment and a fine of no less than 500,000 dirhams and not more than three million dirhams if harm is caused to a banking, media, health or scientific entity, or if the purpose of that is to achieve an illegal matter, or the crime occurred as a result of an electronic attack.

The law was keen on detailing the types of crimes in line with the development of their forms and methods. Article 5 stipulates under the title of harming the information systems of a state institution and vital facilities, that whoever deliberately causes damage or Destruction, suspension or disruption of a website, information system, information network, or technical means belonging to state institutions or a vital facility. If the crime occurred as a result of an electronic attack, this shall be considered an aggravating circumstance.

Article 6 of the law deals with the attack on personal data and information, and stipulates that a penalty of imprisonment for a period of no less than six months and a fine of no less than 20,000 dirhams and not more than 100,000 dirhams, or one of these two penalties, shall be imposed on anyone who obtains, possesses, amends, destroys or discloses or leak, cancel, copy, publish or re-publish personal data or information using information technology, and consider an aggravating circumstance if the data relates to examinations, diagnosis, treatment, care, medical records, bank accounts, data and information of electronic payment methods.

Whoever receives such data or information and keeps it or before using it despite his knowledge of the illegality of obtaining it shall also be punished by imprisonment and a fine or one of the two penalties.

The seventh article dealt with the attack on government data and information, stipulating that whoever commits this shall be punished with temporary imprisonment for a period of no less than seven years and a fine of no more than three million dirhams and no less than 500 thousand dirhams for anyone who commits this, and the penalty is up to 10 years and a fine not exceeding five million dirhams. Dirhams if these acts cause harm to the state.

Internet fraud

The new law stresses the crime of defrauding the information network with the intent to commit a crime. Article 10 stipulates that whoever deceives the protocol address of the information network using an address belonging to others or any Another means, with the intention of committing a crime or preventing its discovery, compared to the penalty that was prescribed in the previous law in accordance with its ninth article, which stipulated a fine of not less than 150,000 dirhams and not more than 500,000 dirhams.

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