SIM Swapping: the SIM Card Duplicate Fraud in Spain (2026)
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listIn this article
lightbulbKey Takeaways
- check_circleFraudulent duplicate of the SIM card
- check_circleAllows intercepting two-factor SMS
- check_circleInvolves computer fraud and disclosure of secrets
- check_circleThe operator may bear civil liability
Quick answer
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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