Civil liability of the payment service provider in cases of fraud and phishing

Abstract

European and national regulations allow, in certain situations, a payment service provider to be held liable for acts commited by third parties. Throughout this commentary, the legislation and case law will be analyzed to outline the current position regarding this type of liability. The concepts of negligence, strong authentitcation, and various seciruty obligations will be assessed, as well as the diligence of the parties involved in the contractual relationship.