El delito de acceso abusivo a un sistema informático o telemático previsto por el art. 615-ter del Código penal Italiano

The present paper is focused on the illegal access offence provided by art. 615-ter of the Italian Penal Code. First of all it analyses the acts of access and remaining in an information system. Secondly it determines if the illegal access offence can be applied not only to the outsider that does no have the right to access to an information system, but also to the employer and insider who gain access to an information system exceeding the authorisation. Finally it analyses the legal interest protected by the offence and makes some critical references about the formulation of art. 615-ter of the Italian Penal Code, proposing its reform in line with the recommendations of the International legal sources