Belfius summoned to criminal court after refusing to compensate phishing victim
Belfius risks becoming the first Belgian bank to face criminal conviction in a phishing case. The trial opens on 30 November in Brussels.
Belfius before criminal court after refusing to compensate phishing damage
Belfius stands trial as the first Belgian bank before the criminal court, after a customer has prosecuted the institution criminally for refusing to compensate her following a phishing attack. This is reported by lesoir.be and the newspapers L'Echo and De Tijd.
The law requires banks to compensate phishing victims immediately when they declare they did not give permission for a payment. In practice, banks typically refuse to do so, arguing that the customer indeed gave their consent or committed gross negligence.
As a victim seeking recourse, one must therefore take the civil court route themselves — a time-consuming and costly procedure. In this case, however, the customer involved chose the criminal path as well: a payment service provider that fails to comply with the legal rules in cases of fraud commits a punishable offence.
Belfius confirms the existence of the procedure but provides no further explanation. The bank risks a fine that could range from several thousand euros to a percentage of annual turnover.
The criminal trial will begin on 30 November before the French-language criminal court in Brussels. Legal experts expect that the case could serve as a precedent for similar complaints from other phishing victims.
In several other EU member states, banks have already been ordered to reimburse immediately, without waiting for the result of an investigation. Courts there ruled that sharing personal details with a scammer does not amount to consent for a transfer, nor does it demonstrate negligence on the part of the customer.
Source: Google News BE FR