Romanian jurisprudence on cybercrime: focus on illegal access to an information system

The Budapest Convention on Cybercrime and Directive 2013/40/EU are central in tackling cybercrime, yet they are starting to be left behind by the technological advancements and new modus operandi. This article tackles the offence of illegal access to an information system under Romanian criminal law, emphasising ongoing debates and legal controversies in Romania, mirroring wider issues in cybercrime legislation. The article delves into the meanings of ‘access’, ‘information system’, and ‘without right’ as they are interpreted with reference to the existing legal framework on cybercrime, exploring how these concepts influence the scope of the offence. Romania is a relevant case study because the Budapest Convention on Cybercrime and Directive 2013/40/EU were transposed almost verbatim into national law. Thus, the issues raised in this article are relevant in many jurisdictions across Europe.