BBH, advokátní kancelář, s.r.o.

When a Fraudster Pretends to Be a Bank

Fraudsters are increasingly using sophisticated technologies and methods that allow them to impersonate a bank, its telephone number, websites or other communication channels. Spoofing and fake banking channels are a problem that extends significantly beyond the banking sector. Fraud may originate in the telecommunications environment, on online platforms or social networks, while its consequences are ultimately borne by the client, the bank or another participant in the chain.

The panel discussion will focus on the issue of who can effectively prevent such fraud and under what conditions, as well as how responsibility should be divided between banks, operators, platforms and other actors, in light of the new regulatory framework under the PSR. Attention will also be paid to the current case law of courts and the Financial Arbitrator.

BBH will be represented by Adam Nečas, Senior Attorney, who focuses on banking and financial law, financial regulation and regulatory matters. In the discussion, he will provide a legal perspective on the practical implications of the new regulation and on defining the boundaries of responsibility of individual actors in situations where fraud originates outside the banking environment itself. Together with representatives of the regulator, the banking and telecommunications sectors, he will also address how to establish more effective cooperation and allocation of responsibility so that fraud can be detected and stopped as early as possible, including in light of court practice.