Banking fraud and the liability of financial institutions in the spotlight in Público
Ana Rita Duarte de Campos was interviewed for an article published in Público examining the legal framework governing banking fraud, particularly the liability of financial institutions for unauthorised payment transactions and the mechanisms available to protect consumers.
The article explores the rules governing the reimbursement of funds unlawfully withdrawn from bank accounts, as well as the circumstances in which financial institutions may invoke gross negligence on the part of customers to exclude their liability.
Commenting on this legal framework, the Abreu Advogados criminal law specialist highlights the importance of the burden of proof, emphasising that “the fundamental difference is that banks will have to take this step and prove gross negligence on the part of the customer”.
The lawyer also draws attention to the implications of this framework for banking litigation, explaining that “this latter aspect was already the case (and could not be otherwise), but what is new is that, in cases where there is an obligation to provide an immediate refund, banks will have to face a wave of litigation which, until now, had placed the burden solely on customers”.
The analysis forms part of a broader debate on the liability of financial institutions, the security of electronic payments and the need to ensure effective consumer protection mechanisms in response to the increasing sophistication of digital fraud.
