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From the magazine SZW-RSDA 4/2019 | S. 392-404 The following page is 392

Betrugsversuche im Zahlungsverkehr im digitalen Zeitalter

Money transfers have always been the target of fraudsters. For decades Swiss banks limited liability in their contracts with clients to intent and gross negligence. The Federal Supreme Court, however, often denied applying this broad liability exclusion. Today, banks usually commit themselves to verify the identification of the client with customary due diligence but also request from the client to manage bank documents, especially means of identification, with due care. If neither the bank nor the client is at fault, damages are allocated to the party in whose sphere of influence the misuse or fraud took place.

New technologies have generated new ways how the money transfer system is targeted by fraudsters. While it is established practice that substantial payment orders by e-mail are only executed after a separate check (often a callback), online banking poses new challenges. Here, the bank has to ensure that its computer systems, including its online banking tools, are «safe»,…

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