Phishing: forewarned is forearmed.

Lauren PolsAntwerp, Belgium

Phishing is a form of online fraud. For instance, you may believe you have received an email from your credit institution asking you to complete certain details by clicking on a link. However, with a single click of the mouse, all your banking details are released. The financial consequences of this form of online fraud are all too often enormous.

It is increasingly common to hear that both consumers and businesses fall victim to this form of online crime. Even though anyone can become a victim of phishing, not everyone enjoys the same level of protection.

Consumer law, for instance, provides protection against unauthorised payment transactions. Unauthorised payment transactions are transactions for which the payer has not given consent. Phishing can be categorised as such. Article VII.44 of the Code of Economic Law (WER) provides consumers with protection, allowing them, where applicable, to turn to their credit institution, from which the phishing email or text message appeared to originate. Only when it is established that the consumer could have detected the fraud and should therefore have known that he should not have disclosed his payment details, can the credit institution be exempted from liability. In that case, one speaks of gross negligence.

Businesses, on the other hand, do not enjoy this protection. They fall under ordinary law, which stipulates that the payer bears unlimited liability for his transactions. Under no circumstances can a business hold its credit institution liable for the damage it suffers as a result of phishing.

The protective mechanism for consumers and businesses thus appears to be entirely different. Nevertheless, consumers must also remain vigilant. Although consumer law does provide protection under article VII.44 WER, gross negligence on the part of the consumer is established in many cases. As a result, the consumer is also left out in the cold.

Have you fallen victim to phishing and would you like more information about your options for action? Feel free to send an email to: contact@alisadvocaten.be

Related practice areas

Commercial law Civil law

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