Publication details

Phishingové a vishingové útoky vůči klientům bank: kdo nese odpovědnost za finanční ztrátu z neautorizované platební transakce?

Title in English Phishing and vishing attacks against bank customers: who is responsible for the financial loss from an unauthorised payment transaction?
Authors

KARPJÁKOVÁ Anežka

Year of publication 2024
Type Article in Periodical
Magazine / Source Obchodněprávní Revue
MU Faculty or unit

Faculty of Law

Citation
web https://app-beck-online-cz.ezproxy.muni.cz/bo/chapterview-document.seam?documentId=nrptembsgrpw64s7gnpxgxzrhe2a&groupIndex=3&rowIndex=0&refSource=search
Keywords Information Technology; Liability for damages; Payment Fraud; Social Engineering
Description Currently, the number and sophistication of financial frauds targeting bank customers is increasing significantly. They are based on social engineering methods, including phishing and vishing. In most of these attacks, the main objective of the attackers is to gain access to the client's internet banking account using manipulative practices and then transfer funds to another account for profit. Despite considerable media awareness of these fraudulent activities, attackers are still successful in many cases. However, due to the relatively low success rate in identifying the attacker, most of these scams raise the question of who is responsible for the financial loss caused. The bank, the client itself, or another entity? This article examines the issue from the perspective of current legislation, existing case law and the work of the financial arbitrator. It also offers an excursus into the new proposed EU regulation, which promises to improve the position of consumers in these cases, and assesses its effectiveness. Translated with DeepL.com (free version)
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