Odgovornost banke za zlorabe pri spletnem bančništvu

slovenian

2026

volume 52, issue 2

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

This article examines the liability allocation system for unauthorised payment transactions in cases of online banking fraud. Online banking, which benefits both consumers and banks, opens up opportunities for various forms of online fraud. Methods of online fraud are rapidly evolving in response to new circumstances and market opportunities. In accordance with the Payment Services, Services for Issuing Electronic Money and Payment Systems Act (ZPlaSSIED), the bank is primarily liable for any damage arising from an unauthorised payment transaction. The main exception to this rule applies when the online banking user can be accused of intent or gross negligence, in which case responsibility is transferred from the bank to the user. Gross negligence is assessed in relation to the expected behaviour of a less careful online banking user. If the user is a consumer, the assessment of the necessary care is further conditioned by the idea of protecting the weaker party. In practice, it is rare for the bank to be relieved of liability due to gross negligence on the part of the user. The authors point out that the assessment of what constitutes gross negligence may change over time.

12.10.2026