Decreto Legislativo 1700, illicit trafficking of computer data (art. 12-A of Ley 30096)
Decreto Legislativo 1700 (24 January 2026) incorporating art. 12-A into Ley 30096, as amended by Decreto Legislativo 1741 (13 February 2026)
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.
A computer misuse rule binding public and private bodies.
As of 5 September 2026.
What it requires
- Do not possess, buy, receive, sell, exchange, facilitate, or traffic computer data, access credentials, or personal databases that you know or have reason to presume were obtained without the titleholder's consent or through a security breach or a computer offense.
- Handling such data with the titleholder's express authorization under Ley 29733, under a lawful judicial or administrative order, in the legitimate exercise of a recognized right or function, or as part of a securities, financial, pension, or insurance-sector activity is exempt, provided there is no purpose of unlawful gain or improper commercialization.
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Five to eight years' imprisonment and 180 to 365 day-fines; eight to ten years' imprisonment with disqualification where the agent acts within a criminal organization, causes serious patrimonial harm or affects a plurality of persons, or the database is processed or held by a public entity (art. 12-A).
Who enforces it
Enforcement body
Ministerio Público and the Poder Judicial, through ordinary criminal prosecution
What it reaches
Obligation class
Access restriction
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Article 12-A, incorporated into Ley 30096 by Decreto Legislativo 1700, punishes possessing, buying, receiving, marketing, selling, facilitating, exchanging, or trafficking computer data, access credentials, or personal databases, knowing or having reason to presume they were obtained without the titleholder's consent or through a security breach or the commission of a computer offense, with five to eight years' imprisonment and 180 to 365 day-fines.
The penalty rises to eight to ten years' imprisonment, with disqualification, where the agent acts as a member of a criminal organization, causes serious patrimonial harm or affects a plurality of persons, or the database is processed or held by a public entity.
Decreto Legislativo 1741 widened the article's exemption clause: conduct is exempt from criminal liability where it is carried out with the titleholder's express authorization under Ley 29733, in compliance with a lawful judicial or administrative order, in the legitimate exercise of fundamental rights or legally recognized functions, or as an activity carried out in the securities, financial, pension, or insurance sectors, provided there is no purpose of unlawful gain or improper commercialization of the information. Neither decree states a commencement date for the offense distinct from its own publication.
When LexLint raises it
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Read the law
official text of Decreto Legislativo 1700
Diario Oficial El Peruano, read against the consolidated Ley 30096 text reflecting its later amendment by Decreto Legislativo 1741