Cyber scams and phishing: how to act legally in 2026
Digitalization has made daily life and business easier, but it has also significantly increased cyber fraud, especially phishing, smishing, and CEO fraud. In an area like the Marina Alta region—with its high volume of self-employed individuals, SMEs, and real estate transactions—knowing how to react legally is key to minimizing damage and recovering losses.
At Ballester Roig Abogacía, a law firm in Dénia, we analyze what to do from a civil, criminal, and commercial perspective when you are a victim of cyber fraud, and how to prevent future liabilities.
What is a cyber scam and why is it on the rise?
Una ciberestafa es un delito en el que el autor utiliza medios electrónicos para engañar a la víctima y obtener un beneficio económico ilícito. En los últimos años, los fraudes se han sofisticado: suplantación de bancos, proveedores habituales, plataformas de compraventa o incluso administradores de empresas.
Common cases in the area:
- Fraudulent transfers in real estate transactions.
- Impersonation of suppliers in service and construction companies.
- Unauthorized access to bank accounts via phishing emails or SMS messages.
Criminal proceedings: reporting as soon as possible is crucial
From a criminal law perspective, these events generally fall under the crime of aggravated fraud when computer systems are involved. Immediate reporting is crucial for two reasons:
- Tracing the money: the sooner action is taken, the greater the chances of blocking or recovering the funds.
- Digital evidence: emails, bank records, and IP addresses must be preserved from the outset.
Early legal counsel allows for the correct classification of the facts and an effective investigation.
Civil proceedings: claim for amounts and liability
Not all cases are resolved exclusively within the criminal justice system. In many instances, the following are viable options:
- Claiming civil liability against third parties (for example, for verification failures).
- Analyzing bank liability, especially if enhanced security measures were not implemented.
Here, a civil law perspective is essential for examining contracts, duties of care, and potential breaches.
Impacto mercantil: protección de la empresa y del administrador
In the field of commercial law, cyber fraud can have significant consequences:
- Loss of liquidity and corporate tensions.
- Risks for the director if adequate control protocols were not in place.
- Need to update internal fraud prevention policies.
A preventative legal review can avoid conflicts between partners and personal liabilities.
How to prevent future cyber scams?
While no system is foolproof, we recommend:
- Two-factor authentication for payments.
- Basic staff training in fraud detection.
- Regular legal advice to adapt contracts and processes.
Prevention is now a legal investment, not a cost.
Legal advice in Dénia
Cyber scams require a swift and multidisciplinary response. At Ballester Roig Abogacía, we combine expertise in criminal, civil, and commercial law to offer effective solutions to both individuals and businesses in Dénia and the Marina Alta region.
If you have been the victim of online fraud or want to strengthen the legal security of your business, seeking advice promptly is essential.