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Netherlands

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Survey Answer:

- Telecommunications: Section 139c paragraph 1 Criminal Code:
The person who deliberately and unlawfully taps or records data which are not intended for him with a technical aid and that are processed or transferred by means of telecommunications or by means of an automated work, will be punished with a term of imprisonment which doesn’t exceed two years or with a fine of the fourth category.
- Secrecy of digital correspondence: Section 273d Criminal Code:
The person who works with a provider of a public telecommunications network or a public telecommunications service shall be punished with a term of imprisonment which doesn’t exceed one year and six months or a fine of the fourth category, if he:
a) Deliberately and unlawfully discovers, processes, transfers, takes over or captures information that is obtained by distribution of the information via such a network or such a service. The information is not intended for that person;
b) Has access to an object which he knows or must reasonably presume to be the result of unlawfully copying, tapping or recording of such data;
c) Deliberately and unlawfully discloses the content of such data to another person;
d) Deliberately and unlawfully makes available to another person an object from which data can be derived.

Provided By:
Dennis B. ZIEREN, Ploum