Identity theft, or more precisely identity usurpation – because under Swiss law only a movable thing can be stolen – is not as yet criminalized as such in Switzerland. Contrary to what is the case in some neighboring countries, there is no offence of identity theft in Switzerland.
On the other hand, identity theft may be subject toother criminal offences. Defamation and slander when the impersonator then makes you look despicable or damages your honor. Data theft or undue access to a computer system, when the usurper has stolen protected computer data or has entered a protected computer system to “steal” your identity or elements of your identity (first name, last name, date of birth, pseudo, avatar, login, password, credit card number, identity card or passport number, telephone number, e-mail address, etc.). Scamming or fraudulent use of a computer when the impersonator uses the “stolen” identity to commit fraud in order to obtin financial profit at your expense or that of others.
However, the revision of the Data Protection Act (DPA) includes a new criminal provision on identity theft. Thus the one who will have used the identity of another person without that person’s consent for the purpose of harming that person or procuring for themselves or another person an unlawful benefit may be sentenced to a custodial sentence ofone year at most or to a pecuniary penalty (new art. 179 decies CP). The offence will be prosecuted on complaint.
The entry into force of this new penal norm has not yet been decided.
Find more information on this topic on our cybercrime page or contact one of our lawyers.
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