Belfius before criminal court over refusal to compensate phishing victim
Belfius is facing criminal prosecution in Brussels for failing to reimburse a customer who was a victim of phishing. The trial opens on 30 November.
A first in Belgium: Belfius in criminal court for failure to compensate phishing victim
Belfius will appear on 30 November before the French-speaking criminal court in Brussels for refusing to compensate a customer who was a victim of phishing. According to RTBF Info, this is the first case in Belgium involving a bank in a criminal procedure of this type.
The case was revealed on Saturday by the newspapers L'Echo and De Tijd.
Belgian law requires banks to compensate without delay victims of phishing who declare they did not consent to a payment. These scams — online or by telephone — consist of impersonating a bank employee in order to obtain money or personal data. In practice, banking institutions rarely refuse outright to reimburse, citing presumed customer consent to the transaction or gross negligence on their part.
Victims who are harmed thus find themselves forced to initiate a civil procedure themselves in an attempt to recover their funds. In this case, the customer took an additional step by also bringing Belfius before the criminal court: a payment services provider that does not comply with applicable rules in the event of fraud is liable to a criminal offence.
Belfius confirmed the existence of the procedure without making any further comment. The bank risks a fine ranging from several thousand euros to a percentage of its annual turnover.
This case could set a precedent for similar complaints in Belgium. In other European Union member states, banks have already been ordered to immediately reimburse victims of phishing, with courts having determined that disclosing one's data to a fraudster does not constitute consent to a transfer and does not constitute negligence on the customer's part either.
Source: RTBF Info