What are the most common cyber attack offences?

Cyber crime encompasses various illegal activities conducted via the internet or through the use of information technology. The Computer Misuse Act 1990 covers offences related to unauthorised access, or modification to computer materials, and the Data Protection Act 2018, Communications Act 2003, and Fraud Act 2006 contain related offences with which you may be charged. Some of the most common cyber crime offences include:

• Unauthorised access to computer systems (hacking), particularly with the intent to commit or facilitate the commission of further offences, or modification of computer material such as deploying malware or viruses.
• Fraud offences and identity theft committed through digital means, such as:
  • Fraud by false representation - using someone else’s identity or falsifying information to gain services or money.
  • Fraud by failing to disclose information when there is a legal duty to do so.
  • Fraud by abuse of position, meaning exploiting a position of power or trust to gain an unfair advantage.
• General Data Protection Regulation (GDPR) violations related to the handling of personal data, such as unlawfully obtaining or accessing personal data.
• Sending communications intended to cause distress or anxiety, or that are indecent, obscene, or menacing. A common example of malicious communications is cyberbullying via emails or social media.
• Ransomware attacks using malware that locks out users from their systems or encrypts data, and demands a ransom before access is restored.
• Cyber-terrorism - using the internet to perform terrorist activities like making threats or attacks on infrastructure, operations or data with the intent to intimidate or coerce a government or its citizens.
• Intellectual property offences such as digital piracy or copyright infringement.

Some of these offences are treated much more seriously than others, and the legal framework continues to evolve as new cyber threats emerge. Each carries specific penalties that range from fines to imprisonment and in serious cases, you may be charged with multiple offences pertaining to the same alleged incident. As such, it is vital to consult with a solicitor at your earliest opportunity if you are suspected of hacking, data breaches or other types of cyber attacks.

What are the potential penalties for cyber attacks?

The penalties for cyber attacks can be severe. Significant aspects of UK infrastructure rely on digital systems and actions like data breaches or unauthorised access pose a significant threat. The penalties reflect the intent to deter individuals and groups from engaging in such activities and to mitigate the risks otherwise posed by cyber attacks.

To reflect this, offences such as unauthorised modification of computer material (such as installing malware or a computer virus) can result in a maximum sentence of up to ten years in prison and a fine, while terrorism offences can result in a sentence of life in prison. 

While violations of GDPR are generally milder for individuals, they can lead to substantial fines imposed by the Information Commissioner’s Office (ICO). For especially serious breaches of personal data, the ICO can issue fines of up to £17.5 million or 4% of a business' annual global turnover, whichever is higher.

Factors that can lead to a stronger sentence include if there is significant financial loss, disruption or threats to national security as a result of your alleged actions. However, a solicitor can also put forward mitigating circumstances during a sentencing hearing to make sure your sentence is not too harsh or aggressive, and ensure you are treated fairly during the legal process.

Services in this section