How to defend themselves from Phishing

In this last step, we will explain the procedures for: Damages

Under Italian law, the banks are not required to provide customers from Internet fraud. They are not obliged to pay the sums wrongly levied because of an Internet customer account hijacking, or the cloning of their debit or credit cards.

Individual contracts for the opening of a bank account and online banking can be provided that in specific cases the bank is obliged to compensate the customer of sums unduly levied. Often, the financial institution is covered against the risk of theft or loss of data and identification cards. The cost of this reinsurance is overturned on customers, which sometimes benefit from contractual clauses in their favor for this type of roofing.

The institute generally refuse compensation if the customer, in addition to losing the card, he also lost the access PIN; similarly, for home banking refuses to compensate the sums if the customer has lost the login password with the token. This constitutes negligence on the part of the customer and the possibility of fraud and fraud to the bank: the customer may transfer to third parties, your personal data and the paper, which, in agreement with the client, could make the levies, while the holder declares the loss or theft.

The bank (or other institution or company) has the burden to apply both the minimum-security measures laid down in DL 196/03 to protect the personal data of the customer, is to implement all the appropriate preventive measures and that, even according to technical progress, can minimize the risks. In case of theft of credentials, even if the bank accuses you of being responsible because it could have responded to phishing emails, it is required to prove to the judge that it has implemented all the measures (both minimum established that that suitable preventative which must be assessed from case to case with a risk assessment – mandatory – and a programmatic document for safety) to minimize the risks.

If the bank has not implemented measures that in other banks are common for the prevention of computer fraud, unauthorized access, etc., for example, you might be required to compensate you for the damage.

Some links that may help: https://en.wikipedia.org/wiki/Phishing

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