Dangers and legal classification of online fraud
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Recognizing and understanding online fraud – risks in everyday digital life
The advancing digitalization is shaping our everyday lives – both in our professional and private lives. While the internet was initially used primarily for information searches, today it is commonplace to shop online or conclude contracts, for example, in the financial sector, digitally.
What appears convenient and transparent at first glance, however, also presents considerable risks. The anonymity of the internet, in particular, creates ideal conditions for fraudulent activities.
If criminals deceive their victims with the aim of gaining an unlawful financial advantage by extorting payments without adequate consideration, this is legally considered fraud. If this deception occurs over the internet, it is referred to as internet fraud. However, there is no separate legal area for this—such as internet or online law.
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how perpetrators act and what consumers should pay attention to
The place of the crime in internet fraud cannot be clearly defined legally. It can be where the deceptive act is carried out, the location of the server, or the place where the victim suffers the damage. Since internet fraud often transcends national borders, multiple legal systems can be affected. In practice, this means that investigations and prosecutions often have to be coordinated internationally.
Many cases of internet fraud are perpetrated by professionally organized criminal groups that are globally networked and operate without national borders. The internet enables them to contact consumers worldwide within seconds and offer alleged services or products.
Wealthy countries like Germany, Austria, and Switzerland are particularly targeted by these gangs. The reasons for this are not only their relative prosperity, but also the people's strong language skills—especially English—which make it easier for fraudsters to gain access.
A key area of attack is dubious offerings in the area of financial services and products. Many of these providers don't even present their platforms in German. This makes it all the more important for consumers to critically examine whether imprint information is plausible, whether customer reviews are available, or whether licenses from regulatory authorities even exist.
Only those who pay attention to these warning signs can effectively protect themselves from the risks of internet fraud.
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Internet fraud – what to do? Tips for your protection
Internet scammers lure with big promises: alleged winnings, sudden inheritances, or cash gifts from strangers. Often, the following applies: If something sounds too good to be true, it is usually a scam. To protect yourself, you should be particularly vigilant when using online offers and follow these tips:
- Check imprint and contact options
Reputable providers provide complete information – a simple PO box or a foreign location are risky. - Beware of “free” or “free of charge” offers
There are often hidden costs behind supposed competitions or club memberships. - Distrust when requesting personal data
Only disclose sensitive data if you know the provider for sure. - Check spelling and web design
Poor grammar, incorrect text or unprofessional design are warning signs. - Never give out bank details over the phone
Neither banks nor police ask for PINs or passwords. - No money transfers to unknown online acquaintances
Caution is especially advised on dating platforms. - Do not make any advance payments
Whether it's alleged processing fees or supposed job offers, don't pay in advance. - Do not grant unauthorized access
Reputable banks or government agencies do not require remote access to your computer. - Do not open attachments from unknown senders
Links or files in emails may contain malware. - Read the terms and conditions carefully
Pay attention to terms, notice periods and hidden obligations. - Check right of withdrawal
For online purchases, you generally have at least 14 days to cancel – often longer if you were not properly informed. - Read the small print
Even if it's tedious, this is the only way to find out about possible additional costs. - Check unnecessary boxes
Check whether hidden costs have been enabled in the ordering process.
What types of internet fraud are there?
Internet fraud takes a wide variety of forms. The methods used by perpetrators are constantly evolving: successful schemes are refined, while unsuccessful ones are quickly discarded. While some fraudsters directly target their victims' money, others initially aim to steal personal data – which is then later misused for identity theft, account opening, or loan applications.
Not all fraud is immediately detectable. While an undelivered package from a supposed online shop is quickly detected, the damage from identity theft often only becomes apparent months later. Furthermore, many criminal groups operate internationally, which further complicates prosecution.
Below you will find the most common types of internet fraud – and typical signs that can help you identify them.
Phishing emails
In phishing scams, criminals send deceptively authentic emails claiming to be from banks, parcel services, mail-order companies, or government agencies. The goal is to trick victims into disclosing sensitive data such as passwords, credit card numbers, or TANs. Phishing is often identified by urgent requests such as "Your account will be blocked if...", unusual sender addresses, spelling or grammatical errors, and suspicious links.
Love scamming & Tinder fraud
Perpetrators use dating platforms or social networks to build an emotional bond over weeks or months, feigning love or friendship. Once trust has been established, requests for financial support follow, often due to alleged emergencies, illnesses, or travel expenses. Typical warning signs include getting to know each other exclusively online, repeatedly postponing personal meetings, and sudden demands for money from the alleged partner.
Investment fraud & Bitcoin fraud
Scammers lure users with unrealistically high returns, often via professionally designed websites or fake testimonials. Victims transfer money to foreign accounts or invest in cryptocurrencies – the money then disappears into the hands of the perpetrators. Warning signs include promises of "guaranteed profits" or extremely high returns, a lack of regulation by financial regulators, and the provider's location abroad.
Telephone fraud & Hangouts scams
In phone scams, criminals pose as bank employees, police officers, or relatives to persuade victims to transfer money or disclose confidential information. Similar tactics to romance scams are often used via chat apps like Hangouts. Warning signs include unexpected calls that immediately build pressure and requests for PINs or passwords, which real banks never do.
WhatsApp fraud
The so-called "Hello Mom, Hello Dad" scam is widespread. Perpetrators text from unknown numbers, claiming to be family members who have allegedly lost their cell phones. They then urgently demand money. Typical signs include new, unknown numbers claiming to be family members, as well as urgent demands for money for alleged emergencies.
Fake online shops
Fake shops often appear deceptively authentic, use well-known brand logos, and lure in customers with extremely low prices. Ordered goods, however, are never delivered. Typical characteristics include prices significantly below market value, missing imprint or only PO box addresses, numerous spelling errors and poor images, as well as unclear delivery times or missing terms and conditions.
Subscription traps
Subscription traps disguise themselves as supposedly free offers. Users unknowingly sign up for a paid subscription, often due to small checks in the fine print or accidental clicks on their smartphone. Warning signs include unclear pricing information, the lack of a clear "order with payment" button, and unexpected invoices or reminders.
Fake websites (e.g. from banks)
Fraudsters create deceptively real copies of well-known websites to steal login credentials or other confidential information. Victims often only notice the fraud when unauthorized transactions or account changes occur. Typical clues include minor variations in the web address, faulty logos, or unprofessional graphics that are barely noticeable at first glance.
Malware
Perpetrators install malware on computers via infected attachments or downloads. This software steals passwords, account information, or private files and can cause significant damage. Typical entry points include attachments in unknown emails, downloads from dubious websites, or pop-ups that prompt users to install software.
Report internet fraud
this is how you proceed
Anyone who has fallen victim to internet fraud often wonders where they can report the incident and what steps they should take immediately. As with any other crime, the first step in cybercrime should be to contact the police. A criminal complaint can be filed traditionally at the local police station, but in many places it is also available online via the so-called internet police station. It is easy to find out which internet police station is responsible by entering the terms "Internet Police Station" and your place of residence or postal code into a search engine. This gives victims direct access to the appropriate contact point. It is also important to report the fraud without fail, not least because many insurance companies require an official report before they will provide benefits.
In addition to the police, it's also advisable to inform local or national consumer protection organizations about the incident. This not only protects your own interests, but also provides early warning to other consumers, making it easier to spot similar scams.
Ideally, the authorities will be able to identify the perpetrators and bring them to justice. The sentence faced by internet fraudsters depends on the circumstances of the individual case. Factors that are crucial include the amount of damage, the number of offenses, the type of conduct, and any previous convictions. It also plays a role whether the perpetrator has attempted to make amends. For simple fraud, the law provides for a fine or imprisonment of up to five years under Section 263, Paragraph 1 of the Criminal Code. In particularly serious cases, such as those involving gang activity or large sums of damage, a prison sentence of up to ten years is possible under Section 263, Paragraph 3 of the Criminal Code.
For many affected individuals, the statute of limitations is also important. It begins the moment the financial loss actually occurs. For ordinary fraud, the statute of limitations is five years. However, if the case is particularly serious, the period is extended to ten years.
Anyone who has become a victim of internet fraud should therefore not hesitate but act quickly. This includes filing a police report, securing all evidence such as emails, transfer receipts, or screenshots, and immediately informing your bank. Transfers can often still be stopped or reversed. It is equally important to change all passwords, especially for online banking and email accounts. Finally, it is advisable to seek legal assistance and contact an internet fraud attorney to enforce any potential claims for damages and obtain competent advice.
Your lawyer for online fraud
If you have become a victim of internet fraud, you often face not only financial losses but also the question of how to effectively enforce your rights. An online fraud lawyer will assist you in legally classifying the incident, assessing claims for damages, and representing you against perpetrators, banks, or platform operators. They will also accompany you through the investigation process and ensure that your interests are best protected. Since many fraud cases are internationally interconnected and involve different legal systems, legal expertise is particularly valuable. This provides you with security and clarity in a situation that is often associated with uncertainty and stress for those affected.
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