¿Víctima de phishing? Te ayudamos | ES | ENG


  • Fecha: 15-12-2021
  • Palomar Abogados


Of course you should claim. Banks are contractually liable for negligence in the service of their online portal

Banking phishing actions in its different forms have been becoming more sophisticated at an accelerated rate, affecting a large number of bank customers who, making normal use of their internet portal, are nevertheless unjustifiably unprotected.


At Palomar Abogados we have recently explained, in an interview held on CADENA SER, the methodology by which bank phishing practices are carried out. You can listen to it here




Likewise, the press has publicized the massive fraud on bank accounts that occurred in recent months, as did the publication "Cinco Días" last August 2021.




Such is the alarm that banks are sending, albeit "at the wrong time", warnings to their customers to try to stop the bleeding of banking scams that are taking place on online internet portal platforms..... of the style of the one sent by a financial institution to its customers that we attach to this blog.


Cybercrime on online platforms would not have spread if it were not for the fact that financial institutions have implemented a scant and flawed signature authentication system, which in no way guarantees the banking customer a safe and reliable environment in the use of the online banking portal service.


The weak "protection screen" that for customers means the "two-factor authentication", focused on the user's keys and password to be entered on the computer, and the one-time password that is later sent to the mobile device, is palpably insufficient, thus leading to the intervention of fraudsters who comfortably combine the weakness of the signature protection system implemented by the bank.  with sophisticated social engineering techniques with which he easily deceives unprotected customers.


The banking sector has not been sufficiently concerned about providing an adequate technological infrastructure for its online banking service portals, which guarantees a safe and reliable environment in the use of the same by its customers.


What less could it be demanded, after imposing the "internet portal" as an almost exclusive method of relationship between the generality of customers and the bank, through a drastic reduction in the number of their offices, that financial institutions had provided a fully reliable signature system that conformed to the postulates of Directive (EU) 2015/2366,  of the European Parliament and of the Council, and Royal Decree-Law 19/2018, of November 23, 2018, on payment services and other urgent measures in financial matters


In fact, the aforementioned Royal Decree-Law 19/2018, of November 23, 2018, and the judicial decisions that have appeared in recent years, of which we highlight Judgment 429/2016, of November 10, of the Provincial Court of Álava, and Judgment 215/2013, of the Provincial Court of Zaragoza, establish a regime of quasi-objective liability of the bank for those cases in which customers are subject to a theft of money by cybercriminals.


For all these reasons, if you have been a victim of bank phishing activity, it is essential that you act quickly and obtain appropriate advice. Get in touch with Palomar Abogados. We'll help you take the necessary steps to claim your money.



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