Objective civil liability of banking activity against computer fraud (phishing)

Abstract

Internet banking is a technology tool that allows its users to improve the efficiency of bank transactions simply by having an electronic medium and access to the internet. This has allowed greater dynamism in the evolution from a traditional financial system to a more innovative system. However, the development of electronic banking services has opened a very large gate to cybercrime, especially phishing, ranked as one of the most recurrent electronic frauds in Costa Rica. In turn, the bank as the entity that carries out a licit commercial activity, but that generates a certain danger, is the one that faces objective civil liability, considering that this avoids the elements of fraud and guilt, given that the risk and damage are the only components attributed to it. However, the bank can break the causal link as long as it shows an exonerating cause, such as the victim’s fault, third party act or force majeure.