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Directive 2013/40/EU of the European Parliament and of the CouncilShow full title
Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA
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Article 12Jurisdiction
1.Member States shall establish their jurisdiction with regard to the offences referred to in Articles 3 to 8 where the offence has been committed:
(a)in whole or in part within their territory; or
(b)by one of their nationals, at least in cases where the act is an offence where it was committed.
2.When establishing jurisdiction in accordance with point (a) of paragraph 1, a Member State shall ensure that it has jurisdiction where:
(a)the offender commits the offence when physically present on its territory, whether or not the offence is against an information system on its territory; or
(b)the offence is against an information system on its territory, whether or not the offender commits the offence when physically present on its territory.
3.A Member State shall inform the Commission where it decides to establish jurisdiction over an offence referred to in Articles 3 to 8 committed outside its territory, including where:
(a)the offender has his or her habitual residence in its territory; or
(b)the offence is committed for the benefit of a legal person established in its territory.
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