§ 303a StGB
Section 303a German Criminal Code — Data Tampering
§ 303a StGB — Datenveränderung
Section 303a of the German Criminal Code criminalises the unlawful deletion, suppression, rendering-unusable or alteration of third-party data. What is protected is the authorised party's interest in the unimpaired usability of their data — in a sense „criminal damage“ in the digital space. The attempt is also punishable.
History & facts. Introduced as early as 1986, Section 303a protects the integrity and availability of data. The offending acts are deletion, suppression, rendering-unusable and alteration; the penalty range extends up to two years' imprisonment or a fine, and the attempt is punishable. In practice it covers, for instance, the distribution of malware that overwrites or encrypts data (ransomware), or the unauthorised alteration of data holdings. It is a relative complaint offence (Section 303c).
Outlook & recommendation. Section 303a is the central offence for attacks that destroy or encrypt data — and thus directly relevant to the criminal-law processing of ransomware incidents. From a corporate perspective this underlines the value of clean, court-admissible evidence preservation (chain of custody): a criminal complaint is only as robust as the underlying documentation. The consent of the authorised party excludes the offence. This is not legal advice.