Allocating liability in the event of fraudulent use of electronic payment instruments and the Belgian mobile payment instrument PingPing
by Reinhard Steennot
International Journal of Private Law (IJPL), Vol. 4, No. 2, 2011

Abstract: With unauthorised (fraudulent) payment transactions, the question arises as to whether the payment service user or the payment service provider must bear the financial consequences. This article focuses on the Payment Services Directive, which determines who is liable in the event of an unauthorised payment transaction. First, there is a discussion of the allocation of liability with the use of a 'traditional' electronic payment instrument, such as a debit card or a credit card. In this part of the paper, specific attention is paid to the concept of gross negligence and the problems of the burden of proof. In the second part of the article, there is a discussion of the applicability of these rules on the allocation of liability to the new Belgian PingPing payment system.

Online publication date: Sat, 28-Mar-2015

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