Banking Liability in Cybercrime

Abstract

This article addresses the topic of banking liability in cybercrime. The purpose of this topic is to provide an analysis concerning the limits and scope of banking liability arising from the risks of banking activity, necessarily focusing on cybercrime, since, at present, card cloning and unauthorized access to internet banking have occurred more frequently, which constitutes computer-related (cyber) crimes. Therefore, in order to reach tangible conclusions, the general objective was to analyze banking liability in the face of cybercrime. As for the specific objectives, there are three: to identify the types of liability; to analyze the limits of banking liability; and to identify the relationship between banking activity and technology. Once these objectives are achieved, the following guiding question will be answered: What is the liability of banks when fraud occurs in customers’ accounts as a result of computer-related unlawful acts? In this context, for a comprehensive conclusion, the research methodology used in this study was, in terms of approach, analytical in nature, adopting a markedly qualitative approach because it was based on a logical argumentation of ideas. Regarding its objectives, the research is exploratory in nature, as it provides greater familiarity with the problem and aims to develop, clarify, and modify concepts and ideas. In terms of technical procedures and sources of information, the research is bibliographic. With regard to the method of approach, it is inductive. The result of the study ultimately suggests that banks are liable for computer-related unlawful acts that harm their customers, but such liability must take into account the degree of fault, with due attention to the limits of banking liability.