The Monaco Technological Crime Act was published on 18 November 2016
The Act n°1.435 governing the fight against technological crime was published in the Journal of Monaco on 18 November 2016. Transposing the 2001 Budapest Convention on Cybercrime, the Act n°1.435’s purpose is to adapt Monegasque law to crimes committed via the Internet and other computer network, especially by adopting appropriate legislation.
To this end, the Act creates new criminal offenses, such as the access to the whole or any part of a computer system without right or Identity fraud. The criminal procedure is also concerned by this new Act since the seizure of stored computer data is now established.
PCM Avocats was involved in several litigations on cybercrime and noted the existence of legal gaps. The new regulation makes it possible to fill these gaps and tackle efficiently cybercrime.
By Olivier Marquet and Daniel Goldenbaum