SIM Swapping: the SIM Card Duplicate Fraud in Spain (2026)
In this article
Key Takeaways
- Fraudulent duplicate of the SIM card
- Allows intercepting two-factor SMS
- Involves computer fraud and disclosure of secrets
- The operator may bear civil liability
SIM swapping consists of obtaining a duplicate of the victim's SIM card by impersonating them before the telecom operator, in order to receive their verification SMS (two-factor codes) and access their online banking. It involves computer fraud (Art. 249.1.a) CP) for the non-consented transfer of funds, disclosure of secrets (Art. 197 CP) for the access to communications and data, and identity theft before the operator and the bank. If the telecom company issued the duplicate without properly verifying the applicant's identity, its civil liability may arise.
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SIM swapping allows fraudsters to take control of the victim's phone number and, with it, their bank accounts. As criminal lawyers specialising in cybercrime, we explain how it works.
What SIM Swapping Is
SIM swapping consists of obtaining a duplicate of the victim's SIM card by impersonating them before the telecom operator. Once the duplicate is active, the fraudster receives the verification SMS (the two-factor codes) and can access online banking and authorise transfers.
Which Offences It Involves
- Computer fraud (Art. 249.1.a) of the Criminal Code): the non-consented transfer of funds through manipulation.
- Disclosure of secrets (Art. 197): access to the victim's communications and data.
- Identity theft: impersonating the victim before the operator and the bank.
The Operator's Liability
A key point is whether the telecom company issued the duplicate without properly verifying the applicant's identity. If there was a failure in its controls, its civil liability may arise for the harm caused, in addition to the criminal liability of the fraudsters.
A warning sign
If your phone suddenly and inexplicably loses coverage, it may be the first symptom of SIM swapping. Contact your operator and your bank immediately.
How to Act if You Are a Victim
Block the accounts with your bank, recover control of the line with the operator, keep all the documentation and file a complaint.
Have you been a victim of SIM swapping?
We analyse the operator's liability and claim the harm suffered.
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Frequently asked questions
What is SIM swapping?
A fraud where criminals obtain a duplicate of the victim's SIM card by impersonating them before the telecom operator, allowing them to receive the victim's two-factor verification SMS codes and access their online banking.
What criminal offences does SIM swapping involve?
Computer fraud (Art. 249.1.a CP) for the non-consented transfer of funds, disclosure of secrets (Art. 197 CP) for accessing the victim's communications and data, and identity theft for impersonating the victim before the operator and the bank.
Can the telecom operator be held liable for SIM swapping?
Yes, potentially — if the operator issued the duplicate SIM without properly verifying the applicant's identity, its civil liability may arise for the resulting harm, in addition to the criminal liability of the fraudsters themselves.
What is a warning sign that I might be a victim of SIM swapping?
A sudden, unexplained loss of mobile signal or coverage can be an early symptom, since it may mean your number has just been transferred to a fraudster's SIM card.
What should I do if I suspect I'm a victim of SIM swapping?
Contact your bank immediately to block the affected accounts, contact your telecom operator to recover control of your phone line, preserve all relevant documentation, and file a police complaint.
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