Legal Frameworks for Combating Cybercrime in Kuwait

Legal Frameworks for Combating Cybercrime in Kuwait

Kuwaiti Attorney / Abdulrahman Al-Houti

The increasing rate of cybercrimes using modern technology and social media platforms is one of the challenges facing existing legal frameworks and cybersecurity in Kuwait.

According to statistics from the Ministry of Interior, the number of electronic fraud cases in 2023 reached 5,800, an increase of 30% from the cases recorded in 2022. The official statistics indicated that the most common types of electronic fraud crimes were focused on phishing, personal information theft, and e-commerce transactions.

One of the common forms of financial fraud in Kuwait involves the fraudster making a phone call claiming to be an employee of a bank or financial institution. Based on this alleged position, they request confidential information under the pretext of updating bank account data or protecting it from theft attempts. Surprisingly, some people still fall victim to this type of fraud despite continuous warnings from the Central Bank and other banks not to disclose bank account information under any circumstances.

False advertisements for products or services at attractive prices are also common, with some people falling victim by paying money without receiving the advertised product or service. Some resort to hacking personal or commercial accounts on social media or email and using them to defraud individuals or institutions electronically.

These cases are classified under Kuwaiti law as crimes committed using technological and informational means to deceive individuals or organizations to obtain money or sensitive information illegally through identity theft, banking fraud, phishing, and fraud via e-commerce platforms.

Legislation No. 63 of 2015 regarding combating information technology crimes has established a clear legal framework to address this type of crime. It covers several activities such as fraud, account hacking, spreading misleading information, and privacy-related crimes. It imposes severe penalties of imprisonment and fines on anyone who intentionally accesses an information system or network with the intent to commit a crime or cause damage, and on those who commit acts of fraud using the internet or any electronic means to obtain money or information illegally.

While the law on combating information technology crimes is undoubtedly an important step, there are many challenges facing its effective implementation. These include the rapid development of technology, which makes tracking and verification difficult as perpetrators use advanced techniques to hide their identities. This increases the difficulty of reaching them, in addition to the fact that a large percentage of cybercrimes are executed by entities outside Kuwait.

The issue of electronic fraud and scams, being a real threat to members of society, requires integrated efforts combining legislation, public awareness, and international cooperation to combat it. Its increasing challenges call for a rapid and effective legal response to ensure the protection of society from this growing danger.

Constant review and continuous updates of relevant legislation largely ensure the protection of society from this type of crime. This necessitates ongoing legislative keeping pace with the development of methods for executing electronic crimes such as fraud, scams, and other activities that fall under the term cybercrime. Additionally, there is a need to organize advanced training courses for relevant authorities on how to effectively deal with the variety of forms of cybercrime, as well as seeking to enhance international cooperation, especially with countries where cybercrime operations targeting Kuwait are concentrated.

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