Complete guide to cybercrime in Spain: discovery and disclosure of secrets (Art. 197 CP), unauthorized access to computer systems, non-consensual sharing of intimate images (Art. 197.7 CP), and cyberstalking (Arts. 172 ter and 183 CP).
Spanish criminal law addresses cybercrime primarily through Art. 197 of the Penal Code (discovery and disclosure of secrets), Art. 197 bis (unauthorised system access introduced by LO 1/2015 to transpose Directive 2013/40/EU), Art. 197.7 (non-consensual sharing of intimate images, amended by LO 10/2022) and Art. 172 ter (stalking/cyberstalking).
Unauthorised access (Art. 197 bis.1): 6 months to 2 years; requires circumventing security measures; mere access to unprotected systems does not satisfy the offence (STS 27 Oct 2022).
Non-consensual intimate imagery (Art. 197.7): 3 months to 1 year (images shared with consent) or 6 months to 2 years (images obtained without consent). Aggravated if victim is partner or vulnerable person.
Cyberstalking (Art. 172 ter): 3 months to 2 years; insistent and repeated contact, surveillance or proximity-seeking, including digital tracking and geolocation.
Spanish courts require: documented chain of custody, cryptographic hash of seized files (MD5/SHA-256), and expert verification of screenshots and messages. Communication interception requires judicial authorisation (Art. 579 LECrim).
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