In a landmark decision, the Spanish Supreme Court has unequivocally placed the responsibility for digital fraud on banks, mandating them to reimburse affected customers immediately unless the bank can prove the customer acted with gross negligence. This ruling, dated April 9, underscores the banks' obligation to enhance their diligence and adopt better practices to detect and prevent fraudulent transactions, leveraging technological advancements to safeguard customers' assets.
The case that led to this pivotal ruling involved a victim of SIM swapping, a sophisticated fraud technique where perpetrators duplicate a victim's SIM card to gain unauthorized access to their digital banking services. The victim lost €83,000 through over fifteen unauthorized transactions conducted overnight. The Supreme Court criticized the bank for failing to detect and halt these transactions, which were markedly out of the ordinary for the customer's typical banking behavior.
The court's decision is rooted in the European Payment Services Directive and Spanish law, which already impose a quasi-objective liability on banks in such scenarios. However, the Supreme Court's ruling now sets a clear legal precedent, emphasizing that banks must employ adequate technological tools to monitor and flag anomalous transactions, such as those occurring at unusual hours or involving unusually large amounts.
This ruling not only reaffirms the banks' duty to protect their customers from digital fraud but also highlights the importance of immediate action by customers to report unauthorized transactions. The Supreme Court's stance is a significant step towards enhancing digital banking security and ensuring that the financial burden of fraud does not unjustly fall on the victims.
The highly anticipated Quevedo concert at Valencia's Roig Arena has been postponed from its original October 2 date due to health concerns affecting the Canarian artist. Event organizers Taste The Floor and DQE Productions confirmed the rescheduling, moving the performance to Saturday,...
Mexican Senator Adán Augusto López Hernández has sparked controversy after being photographed watching a Champions League soccer match during an official government hearing. The incident occurred during the testimony of Treasury Secretary Edgar Amador Zamora before the Senate, where López was...
The Madrid city government, led by the Popular Party (PP) of José Luis Martínez-Almeida, has approved a Vox proposal requiring social workers to inform women seeking abortions about potential psychological consequences, including depression, alcoholism, anorexia, and bulimia—a cluster of...
Spanish pop sensation Ana Mena has stunned her social media followers with a candid Instagram post announcing a career pause and personal transformation. The 28-year-old singer shared a nude photograph accompanied by a deeply personal letter explaining her need to step back after nine years...
Medical professionals at Vigo's Álvaro Cunqueiro Hospital faced an unprecedented medical challenge on May 1st when a 24-week pregnant patient was admitted with an acute aortic syndrome. The patient suffered from a type A aortic dissection, considered the most severe variant of this condition,...
