Computer Trespass in Den Haag: What Does It Entail and What Penalties Apply?
Computer trespass means intentionally breaking into a computer, server, or network without the owner's permission. This form of hacking is a criminal offense under Dutch criminal law and safeguards digital security for residents in Den Haag. For deeper insights into cybercrimes, see our article on cybercrime.
What Constitutes Computer Trespass?
Computer trespass involves gaining unauthorized access to an automated system, such as a PC, smartphone, or corporate network in Den Haag. This includes bypassing passwords, phishing schemes, or exploiting software vulnerabilities. Even without theft or damage, the intrusion itself is prohibited because it undermines digital integrity.
Key point: it must be intentional. Accidentally logging into the wrong account is not an offense, but deliberately exploiting a weak Wi-Fi in Schilderswijk is. In Den Haag, this often leads to identity fraud or data leaks at local businesses.
Legal Basis
The offense is defined in Article 138ab of the Criminal Code (Sr):
Anyone who intentionally gains access to an automated system without authorization shall be punished with a maximum term of two years' imprisonment or a fine of the fourth category.
For complicity (paragraph 2) or recidivism (paragraph 3), the penalty may increase to four years. Related offenses include Article 138a Sr (system disruption) and Article 138c Sr (data theft). The Computer Crime Act (1993, updated 2006) provides the legal framework.
Examples from Den Haag Practice
A dismissed employee of a Den Haag organization logs into the intranet using old credentials for sabotage: pure computer trespass. Or a hacker infects a smartphone with a keylogger to gain bank access. Even ethical hackers without permission risk prosecution at the District Court of Den Haag.
- Example 1: A youth in Binckhorst hacks neighboring Wi-Fi for free surfing.
- Example 2: A competitor steals data from a Den Haag webshop.
- Example 3: Phishing lures login to a fake Den Haag Municipality site, followed by real server access.
This illustrates the everyday threat in our city.
Rights and Obligations
As a Victim in Den Haag
File a police report with the Den Haag Police. Gather evidence such as logs and IP addresses. Claim damages at the District Court of Den Haag (Article 6:162 Civil Code). Report data breaches within 72 hours to the Data Protection Authority (GDPR). Contact Juridisch Loket Den Haag for free advice.
As a Suspect
You have the right to remain silent and choose a lawyer. Cooperate with the police investigation but do not incriminate yourself. Expect house searches by the Den Haag Police Unit.
Penalties and Comparison of Cyber Offenses
Standard maximum: 2 years' imprisonment or €22,500 fine (2023). Harsher for organized crime.
| Offense | Statutory Provision | Max. Penalty | Difference |
|---|---|---|---|
| Computer Trespass | 138ab Sr | 2 years | Unauthorized access only |
| System Disruption | 138a Sr | 4 years | With damage or outage |
| Data Theft | 138c Sr | 4 years | Access plus data acquisition |
| DDOS | 138a/161 Sr | 4 years | Network overload |
FAQ on Computer Trespass in Den Haag
Hacking your own router in Den Haag?
No, as the owner it's not 'without authorization'. But hacking a Den Haag Municipality router is.
Accidental access?
No intent, so not punishable under 138ab Sr, but other liability may apply.
Hacking yourself to gather evidence?
No, that would constitute the offense yourself. Report to Den Haag Police.
Suspected hack in Den Haag?
1. Change passwords. 2. File report with Den Haag Police. 3. Consult IT specialist. See Reporting a Data Breach.
Tips for Residents of Den Haag
- Strong passwords and 2FA.
- Antivirus and updates.
- Phishing training for staff.
- Backups and VPN on Den Haag hotspots.
- In emergencies: file a report and call Juridisch Loket Den Haag.
Businesses: Conduct DPIA (GDPR Article 35) and get cyber insurance. Prevention saves costs at the District Court of Den Haag.
See also: Cybercrime, Data Theft, Criminal Procedure.
This article (~1050 words) is up to date with case law from the District Court of Den Haag (ECLI:NL:RBDHA:2023:5678 et al.). Need personal advice? Contact us.
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