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Bermuda: Parliament passes Computer Misuse Act 2024

On May 29, 2024, the Bermuda Parliament passed the Computer Misuse Act 2024 (the Act). In particular, the Act introduces several provisions aimed at addressing unauthorized activities involving computers.

What are the key provisions of the Act?

Among other things, the Act makes it an offense to:

  • access computer programs or data without authorization;
  • access computer systems with the intent to commit or facilitate further offenses;
  • perform unauthorized acts causing, or creating a risk of, serious damage to computers; or
  • supply, or offer to supply any tools or articles intended for use in committing the offenses outlined in the Act.

Notably, the Act defines 'unauthorized access' as access to or modification of any program or data held in a computer if a person does not have the right to control access to the program or data, and they do not have consent from someone who does.

For violations of its provisions, the act provides for fines of between BMD 18,000 - BMD 1 million (approx. $18,000 - $1 million) depending on the severity of the offense.

Next steps

The Act will enter into effect on a date appointed by the Minister of National Security by notification in the Gazette.

You can read the Act here.