Dutch Banks and Consumer Association Agree on Safe Internet Banking Rules, by Edwin Jacobs (time.lex)

Dutch Banks and Consumer Association Agree on Safe Internet Banking Rules, by Edwin Jacobs, partner with time.lex

Written by Edwin Jacobs on , in category E-business

The Dutch Association of Banks and the Consumer Association have agreed upon rules for safe Internet banking and payments. The rules apply from 1st January 2014 to all Dutch bank private (i.e. non-professional) customers and they will be evaluated after one year.

These uniform safety rules have been agreed to make consistent and transparent the rules applicable to all private customers (as previously each Dutch bank had its own set of rules).  Now if customers suffer damage and have complied with the safety rules then they are assured that their bank will refund the amount of the unauthorised transaction.

Non-compliance with any part of the rules does not automatically mean that the customer should be held liable for the damage incurred. In case of a dispute, it still remains for a judge to decide whether the customer was “grossly negligent” and the burden of proof also still remains with the bank.

These are the 5 safety rules for Dutch Internet banking private customers (with an explanatory note available in Dutch here):

  1. Keep all bank security codes safe.
  2. Make sure each bank card is never used by anyone else.
  3. Only use secured devices for all banking matters.
  4. Check the bank account.
  5. Report incidents immediately to the bank and follow the bank’s instructions.

The new uniform safety rules are not stricter for private customers compared to the previous rules.  Also, since the banks realised that the typical private customer cannot protect him/herself entirely from cybercrime, they have abolished the prohibition concerning e-banking and/or mobile banking via unsecured wifi networks. Now each bank will take account of that particular access factor when deciding whether or not to refund the customer.

For further information on this legal development please contact Edwin Jacobs at (edwin.jacobs@timelex.eu).

This publication does not necessarily deal with every important topic or cover every aspect of the topics with which it deals and is not designed to provide legal or other advice.