digital fraud
Umbrella term for fraud committed through digital channels, assessed under § 279.
Digital fraud is not an independent legal designation under Danish law, but an umbrella term for fraudulent acts committed through digital channels such as the internet, e-mail, social media or text messages. The legal assessment is made under the general provisions of the Danish Penal Code (straffeloven) on property offences, where the conduct is primarily digital in form.
The most frequently applied provision is the Penal Code § 279 on fraud, which requires that a person, through incorrect or misleading information, concealment of relevant information or other deceitful conduct, induces another to act in a way that results in an unjustified financial gain for the perpetrator and a corresponding financial loss for the aggrieved party. The fact that the act is committed digitally does not alter the basic conditions for criminal liability.
In certain cases other special provisions may be relevant depending on the specific method used. The Penal Code § 279 a on data fraud applies where the perpetrator influences the result of data processing by altering a program or record, entering false data, or through unauthorised use of data. The provision is directed at manipulation of computer systems. The Penal Code § 279 b on unauthorised use of payment information applies where someone without authorisation uses another person's payment card, account information or similar means of payment. This provision is particularly relevant in cases of misused card details online or phishing attacks targeting payment information.
In practice, digital fraud covers a broad spectrum of criminal methods, including fake webshops, phishing e-mails, fraud via social media, investment fraud on online platforms and false identity in digital trading relationships. Common to these acts is that the perpetrator exploits digital forms of communication to mislead the victim.
