Publication details
Unauthorised Payment Transactions Caused by Phishing: A Comparative Analysis of Decision-Making Practice in the Czech Republic and Germany
| Authors | |
|---|---|
| Year of publication | 2026 |
| Type | Peer-reviewed scientific article |
| Magazine / Source | German Law Journal |
| MU Faculty or unit | |
| Citation | |
| Keywords | Unauthorised Payment Transaction, Phishing, Social Engineering, Liability Frameworks, Generative AI |
| Attached files | |
| Description | Payment fraud based on social engineering techniques represents one of the most pressing challenges facing the European banking sector today. Where such fraud results in an unauthorised payment transaction within the meaning of PSD2, the question of liability and in particular whether the client acted with gross negligence becomes central. This paper draws on an empirical analysis of 49 German court decisions and 14 decisions of the Czech Financial Arbitrator to map the criteria both jurisdictions apply when making that assessment. Despite sharing a common regulatory foundation, Czech and German practice diverge considerably in how these criteria are calibrated and applied. Building on this analysis, the article examines whether the existing criteria remain fit for purpose in light of increasingly sophisticated fraud techniques, including deepfakes, AI-generated messages, and voice synthesis, and proposes adjustments to the current evaluative framework that would better reflect the realities of modern payment fraud. |