INFORMATION TECHNOLOGY
Cybersecurity Law no. 90/2024 published in the Official Gazette.
Law of June 28th, 2024 no. 90 has been published in the Official Italian Gazette n. 153.
The text consists of 24 articles that introduce, among other changes:
- harsher penalties for crimes such as abusive access to a computer system or damaging computer information, data and programs;
- a broadening of the scope of those required to strengthen their defenses;
- new crimes such as computer extortion;
- lengthening of investigation time and the use of wiretaps is encouraged;
- the centrality, for the most serious crimes, of the Anti-Mafia Prosecutor's Office;
- an alert procedure and collaboration with Acn, the cyber security agency, for remedial action;
- a mode of intervention when there are competing competencies, for example, of Acn and the judicial police;
- strengthening action against cyber crimes, with the identification of new offenses and the use of more effective investigative tools.
Among the various new features is also the introduction of a 3 paragraph in Article 629 of the Criminal Code (extortion), which in turn is referred to in Article 24-bis Legislative Decree no. 231/2001 on the subject of the liability of entities, according to which "anyone who, through the conduct referred to in Articles 615-ter, 617-quater, 617-sexies, 635-bis, 635-quater and 635-quinquies or with the threat of performing them, compels someone to do or omit something, procuring for himself or others an unjust profit to the detriment of others, shall be punished by imprisonment of from six to twelve years and a fine of from 5,000 to 10,000 euros. The punishment shall be imprisonment from eight to twenty-two years and a fine from 6,000 euros to 18,000 euros, if any of the circumstances indicated in the third paragraph of Article 628 concur, as well as in the case where the act is committed against a person incapacitated by age or infirmity."
The text consists of 24 articles that introduce, among other changes:
- harsher penalties for crimes such as abusive access to a computer system or damaging computer information, data and programs;
- a broadening of the scope of those required to strengthen their defenses;
- new crimes such as computer extortion;
- lengthening of investigation time and the use of wiretaps is encouraged;
- the centrality, for the most serious crimes, of the Anti-Mafia Prosecutor's Office;
- an alert procedure and collaboration with Acn, the cyber security agency, for remedial action;
- a mode of intervention when there are competing competencies, for example, of Acn and the judicial police;
- strengthening action against cyber crimes, with the identification of new offenses and the use of more effective investigative tools.
Among the various new features is also the introduction of a 3 paragraph in Article 629 of the Criminal Code (extortion), which in turn is referred to in Article 24-bis Legislative Decree no. 231/2001 on the subject of the liability of entities, according to which "anyone who, through the conduct referred to in Articles 615-ter, 617-quater, 617-sexies, 635-bis, 635-quater and 635-quinquies or with the threat of performing them, compels someone to do or omit something, procuring for himself or others an unjust profit to the detriment of others, shall be punished by imprisonment of from six to twelve years and a fine of from 5,000 to 10,000 euros. The punishment shall be imprisonment from eight to twenty-two years and a fine from 6,000 euros to 18,000 euros, if any of the circumstances indicated in the third paragraph of Article 628 concur, as well as in the case where the act is committed against a person incapacitated by age or infirmity."
