News
A bank is liable for the unlawful use of an online account by unauthorized third parties
- 24/04/2018
The Court of Cassation, with Order no. 9158 of 12th April 2018, has stated that, with reference to online transactions, the possibility that a customer’s identification codes are used by unauthorized third parties falls within the professional risk borne by a bank.
The Court has then explained that the said risk may be avoided through the implementation of measures suitable to ascertain whether or not a specific operation can be attributed to the will of its customer.
Therefore, the liability of a bank is to be excluded only when it proves that its customer has acted fraudulently or has kept a conduct so careless that it could not be prevented.
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