{"id":12053,"date":"2025-12-15T22:54:05","date_gmt":"2025-12-15T21:54:05","guid":{"rendered":"https:\/\/www.in-diem.com\/abogados\/uncategorized\/computer-sabotage-in-public-administrations-and-emergency-contracts-under-the-lcsp"},"modified":"2026-03-14T13:49:59","modified_gmt":"2026-03-14T12:49:59","slug":"computer-sabotage-in-public-administrations-and-emergency-contracts-under-the-lcsp","status":"publish","type":"post","link":"https:\/\/www.in-diem.com\/en\/abogados\/public-procurement\/computer-sabotage-in-public-administrations-and-emergency-contracts-under-the-lcsp","title":{"rendered":"Computer Sabotage in Public Administrations and Emergency Contracts under the LCSP"},"content":{"rendered":"\n

Cyberattacks against Spanish public bodies have intensified in recent years, jeopardizing the continuity of essential services and exposing critical vulnerabilities in the State’s digital infrastructure. From denial-of-service attacks to sophisticated ransomware programs, massive hacks and actions by organized hackers<\/strong> that encrypt entire databases, Public Administrations face a permanent threat that requires agile and effective legal responses.<\/strong> <\/p>\n\n

When computer sabotage, a hack<\/strong>, or a hacking<\/strong> attack paralyzes critical systems\u2014such as municipal tax management, the census, local health services, or electronic administrative processing\u2014especially in city councils and local entities<\/strong>, public officials must act immediately. In this context, the emergency contract<\/strong> regulated in Article 120 of Law 9\/2017, of November 8, on Public Sector Contracts (LCSP)<\/a> emerges as a fundamental legal tool that allows for contracting without following ordinary bidding procedures. <\/p>\n\n

At IN DIEM Abogados<\/strong>, we regularly advise city councils and Public Administrations<\/strong> on the legal management of cybersecurity incidents, hacks, and computer attacks<\/strong>, analyzing when a cyberattack can legally justify an emergency contract, what requirements must be met, what risks its improper use entails, and how to correctly document the file to pass subsequent auditing.<\/p>\n\n

What is considered computer sabotage in the Public Administration?<\/strong><\/h2>\n\n

The computer sabotage<\/em><\/strong> constitutes a specific form of cyberattack aimed at deliberately damaging, altering, or disabling computer systems<\/strong>. Unlike other digital threats, sabotage seeks to cause direct harm to the operability of systems, causing service interruptions, data destruction, or blocking access to critical resources. <\/p>\n\n

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In administrative practice, these scenarios usually materialize through hacks<\/strong> executed by individual hackers<\/strong> or organized groups, who exploit technical vulnerabilities to gain illicit access to public systems. Although terms like hack or hacking are used in common language, from a legal point of view, only those attacks that cause serious and deliberate damage to systems can be classified as computer sabotage. <\/p>\n<\/blockquote>\n\n

Legally, the Spanish Penal Code<\/a> criminalizes these acts in Articles 264 and following, punishing anyone who “by any means, without authorization and in a serious manner, deletes, damages, deteriorates, alters, suppresses, or makes inaccessible data, computer programs, or electronic documents belonging to others”<\/em>. When these attacks affect critical infrastructures or essential services of Public Administrations, the penalties are considerably increased. <\/p>\n\n

It is important to distinguish between concepts that, although related, are not identical.<\/p>\n\n