On AziendaBanca an article by Andrea Puccio and Carola Panicali on bank fraud marked by spoofing, smishing or vishing conduct and on the difficulty, on the part of the competent authorities, of identifying the perpetrators and recovering the embezzled money; the customer is left with no other option than to claim the bank’s liability.
Directive 2015/2366/EU, transposed at national level, introduced higher security standards for payment instruments in order to prevent fraudulent use.
Moreover, with a view to greater protection of the customer compared to the intermediary, who bears the business risk, in the event of a dispute the user must limit himself to disallowing the disputed transactions, while it is the bank that must prove the adoption of a two-factor authentication system, the correct recording of the transactions and the intentional or gross negligence of the user.
Case law has confirmed this interpretation, emphasising the importance for banks to adopt monitoring systems to prevent fraud.
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