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Emergency

Online banking fraud: is the bank liable?

If money is debited from your account without authorization through phishing or a hacker attack, the question of liability arises. In principle, the bank must reimburse unauthorized payments, unless you acted with gross negligence or intent.

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Your chances of getting your money back

In case of an unauthorized payment, the bank must in principle reimburse the amount without delay (§ 675u BGB). A claim for damages by the bank against you comes into consideration only in case of gross negligence or intent (§ 675v BGB).
If you carelessly reveal your TAN and access data on fake sites, for instance, this can be assessed as gross negligence. However, the burden of proof for a proper authorization initially lies with the bank.

What you should do now

  1. 1

    1. Block the account

    Have online banking and affected cards blocked immediately via the blocking emergency number.

  2. 2

    2. Inform the bank

    Report the unauthorized payment without delay and demand reimbursement.

  3. 3

    3. File a report

    File a criminal report with the police and secure evidence (emails, screenshots).

  4. 4

    4. Enforce reimbursement

    In case of refusal, object to the assignment of liability in writing and with reasons.

How to spot the scam

  • The bank attributes gross negligence to you across the board.
  • You entered access data or a TAN on a dubious site.
  • The report to the bank is delayed unnecessarily.

Frequently asked questions

Must the bank reimburse my money?

In case of an unauthorized payment, the bank must in principle reimburse the amount and restore the account balance (§ 675u BGB). It can only demand reimbursement from you if you breached your duties of care with gross negligence or intent (§ 675v BGB).

What counts as gross negligence?

For instance, carelessly revealing PIN and TAN on obviously fake sites or ignoring clear warnings. Whether gross negligence is present is a question of the individual case. The bank must set out the requirements; a blanket attribution is not enough.

How do I behave after a fraud?

Immediately block online banking and cards via the blocking emergency number, report the unauthorized payment to the bank without delay, and file a criminal report. Secure evidence such as phishing emails. Quick action improves your chances of reimbursement.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.