Wetboek van Strafrecht, art. 138ab, Computervredebreuk (Computer Trespass)

Wetboek van Strafrecht, art. 138ab (BWBR0001854)

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force since 15 May 2025.

A computer misuse rule binding public and private bodies.

As of 6 September 2026.

What it requires

Do not access an automated work by breaching a security measure, a technical intervention, false signals or a false key, or a false identity; reading a public, unauthenticated page without defeating any access control has not itself been held to violate this article.
After any access gained that way, do not copy, tap, or record the data stored on, processed by, or transferred through that system.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Imprisonment of up to two years or a fine of the fourth category for the base offense; up to four years for subsequently copying, tapping, or recording data, or for offending through a public telecommunications network for unlawful gain or to reach a third party's system (art. 138ab, second and third paragraphs).

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Whoever intentionally and unlawfully breaks into an automated work, or part of one, is punished with imprisonment of up to two years or a fine of the fourth category. Breaking in requires the access to have been obtained by breaching a security measure, a technical intervention, false signals or a false key, or assuming a false identity.

Copying, tapping, or recording data after that unauthorized access raises the maximum to four years, and doing so through a public telecommunications network for unlawful gain or to pivot to a third party's system also carries a four-year maximum. Because the offense turns on defeating one of the listed access methods, a scraper reading a public, unauthenticated page without doing so falls outside the provision's plain text.

When LexLint raises it

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Read the law

wetten.overheid.nl, consolidated text of the Wetboek van Strafrecht

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