MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
Banks have a special duty of care and play an important role in preventing fraud. If, as an entrepreneur, you fall victim to phishing or invoice fraud, for example, the bank may under certain circumstances be liable or offer compensation — but your own diligence is taken into account.
Fraud is a growing risk
Fraud affects both private individuals and entrepreneurs, ranging from phishing and invoice fraud to complex scams. Criminals are constantly devising new methods, and even large companies are falling victim. Banks facilitate payment transactions and bear a significant responsibility in doing so.
The special duty of care of the bank
Banks have a special duty of care towards their customers. This may entail identifying unusual or suspicious transactions, issuing warnings, and intervening to prevent damage. If a bank fails in this duty of care, it may, under certain circumstances, be held (partially) liable for the damage.
Your own diligence counts too
The bank does not always bear the full cost of the damage. Your own actions are taken into account: if you have been negligent, for example by sharing login details or ignoring clear signals, this may be (partially) at your expense. The distribution depends on the circumstances and on what could reasonably be expected of both parties.
What can you do after fraud?
Report fraud immediately to your bank and file a police report. Gather evidence of the transactions and communication. If the bank refuses compensation, you can challenge this: through a complaint, a dispute resolution body, or the court. Have your case assessed, as the outcome depends heavily on the facts.
Frequently Asked Questions
Is my bank liable if I am scammed?
Sometimes. If the bank fails in its special duty of care, it may be held (jointly) liable. Your own diligence is taken into account.
Do I always get my money back?
Not always. The apportionment of damages depends on the circumstances and on what could reasonably be expected of you and the bank.
What do I do after fraud?
Report it immediately to your bank, file a police report, gather evidence, and contest a rejection if necessary.
Victim of fraud?
Our legal experts review your case and take legal action against the bank if necessary. View our legal assistance or our financial lawteam, or schedule a free consultation.
