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Burden of Proof in a Disputed Authorization

You are not the one who has to prove that you did not agree.

If it is disputed between you and the bank whether you authorized a payment, the bank must prove that authentication took place and that the payment was properly recorded and booked. Crucially, the mere record that a payment instrument was used and authenticated does not necessarily suffice on its own. If the bank wants to accuse you of fraud, intent or gross negligence, it must present supporting evidence for that.

The relevant statutes

§ 675w BGB

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Related terms

General explanation for self-help, not legal advice (RDG). Individual cases may differ: if in doubt, contact a consumer advice center or a lawyer.