Cyber Crimes and Responsibilities of Banks

Our client Switzerland based Max Lehner A.G. Holding is one of the victims of cyber crime realized by making payments to other accounts through hacking e-mail accounts that is started uing frequently as an international fraud type recently. These expert persons using cyber systems very well and select international companies with intense payment and banking traffic.

Criminals making a little research about companies acquire certain information and send e-mails to accounting services of companies through hacked e-mail accounts and direct payments to accounts of their abettors not to their own accounts.

Accordingly, the provisions of tort Is that unjust enrichment provisions on compensation for the damages suffered due to a crime committed in this way; sending bank's responsibility; The type of sending bank's responsibility; Because of the authority of the sender bank based abroad; authorized bank in the lawsuit against the buyer; The responsibility of the receiving bank; The type of the recipient bank's responsibility; If the statute of limitations against liability to the banks; A lot of legal issues such as the impact of litigation to criminal cases should be considered together.

Regarding cybercrimes in Turkey, The tort liability of the bank will be the almost perfect level of responsibility that the General Assembly of the Supreme Court cannot be used and the center of the debate used to define the limits of your responsibility as the decision of the recipient bank on 11.21.2012.

For us, the case is an overseas shipments in question constitutes a real commercial relationship based on suspicion and the recipient bank from abroad have fallen into doubt warn the sender bank a swifter and more a confirmation request message. Banks, merchants Supreme Court is not an ordinary General Meeting as stated in the decision. Regulated by special laws have exclusive rights in hand, so they are only traders have their own special powers known. Work state, and the moment they feel suspicious money transfer them according to the requirement, the receiving bank, not paying money to the owner's account immediately; It is expected to be more attentive and careful. The bank's liability for the recipient should be interpreted broadly.

Ozal Law Firm
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