criminal-law hacking civil-legal-system spain public-law
What year did Spain outlaw computer virus spreading?
<p>What year did Spain outlaw malware (computer virus), in the public side of their Civil Legal System? I am also interested in what the penalty would be, as having read through their criminal Articles it appears to only cover hacking.</p>
<p>I found a non-academic webpage <a href="https://www.lenguajejuridico.com/diccionario-juridico/derecho-penal/ciberdelincuencia/hacking/" rel="nofollow noreferrer">here</a>, but I believe it is discussing hacking tools, as opposed to malware. It does not have when the law was applicable from, and appears to only state the sentence for hacking.</p>

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<p>What year did Spain outlaw computer virus spreading?</p>
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<p>Articles 197 bis and 197 ter of the <a href="https://www.boe.es/buscar/act.php?id=BOE-A-1995-25444" rel="nofollow noreferrer">Penal Code</a> of Spain were enacted in 2015. See footnote in both articles. But these statutes outlaws only the <em>unauthorized</em> &quot;virus spreading&quot;.</p>
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<p>I am also interested in what the penalty would be</p>
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<p>Imprisonment (between six months and two years). In the case of art. 197 ter, an alternative penalty is a fine of three to eighteen months (I believe in Spain fines are based on what is known as &quot;Minimum Interprofessional Salary&quot;).</p>
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<p>having read through their criminal Articles it appears to only cover hacking.</p>
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<p>If/when &quot;virus spreading&quot; involves unauthorized access to a system, the matter falls within scope of art. 197 bis. As enacted, the difference between <em>hacking tools</em> and <em>malware</em> is inconsequential: Either program is lawful as long as the element of <em>authorized access</em> is met and the program is not &quot;<em>conceived or adapted primarily for committing said crimes</em>&quot;. See item a) of art. 197 ter.</p>
