Türkçe
العربية
Nowadays, with digitalization, banking transactions via the internet have become much easier. The ease of banking transactions via the internet has provided many different methods for fraudsters. Today, the crime of fraud; It can be processed by many methods such as malware, hacking, fake advertising, etc. These methods require banks to take precautions with extra security mechanisms.
The faults of bank customers in not being able to ensure the security/confidentiality of their banking information and passwords will not eliminate the faults that banks may have.
Because banks need to be more knowledgeable and cautious about fraud incidents than their customers, they need to implement security processes by following unusual and suspicious transactions and using the opportunities provided by technology.
In the second paragraph of the 26th article of the Communiqué on the Principles to be Based on Information Systems Management in Banks published by BRSA: “The Bank establishes follow-up mechanisms to detect unusual and suspicious transactions within the scope of internet banking activities.”
Since banks are institutions of trust and confidence, as a rule, they are also responsible for minor faults. Banks are obliged to protect their customers’ personal information. Banks are required to use security instruments that will ensure the security of their customers in internet banking.[i]
Banks are under an objective duty of care as a requirement of aggravated liability, and on the other hand, they are responsible for even minor faults.[ii]
Considering all these, banks are responsible for even minor faults in fraud committed via internet and mobile banking. Only SMS verification does not provide sufficient security for transactions made via mobile banking. There is a lot of spyware that can read SMS contents and is used by fraudsters. To ensure security, the bank must call the customer and obtain verbal approval when necessary.
In accordance with the aforementioned provisions and judicial decisions: In case of fraud committed through mobile banking (Credit withdrawal, EFT, money transfer, etc.), if banks approve these transactions without providing the necessary information to the customer, the banks are responsible in accordance with the duty of care and must cover the customer’s losses arising from this fraud.
At this point, we recommend that you get legal support from Önal&Önal Law Firm.
[i] Ankara Regional Court of Justice 21st Civil Chamber, Decision dated 27.06.2024 and numbered E.2022/670, K.2024/813 [ii] General Assembly of the Supreme Court of Appeals, Date 19.12.2019 and E.2017/131, K Decision No. 2019/1395