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New criminal provision : Identity theft

As of 1st September 2023, identity theft is punishable in Switzerland.

Article 179decies of the Swiss Penal Code:

Anyone who uses the identity of another person without his or her consent, in order to harm that person or to procure for himself or herself or for a third party an unlawful advantage shall, upon complaint, be punished by a custodial sentence of up to one year or by a pecuniary penalty.

This article reinforces the criminal law provisions on data protection.

Referring to our Activity Report 2022, FINSOM notes that the effectiveness of this new provision in combating identity theft of Swiss individuals or companies is yet unknown, as the culprits are often located abroad.