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Phishing <\/em>is ubiquitous. The English-language term refers to all the facts in which someone, by means of SMS or e-mail deceptively<\/strong> pretending to be someone else in order to confidential information<\/strong> obtain. In this way, access is given to bank accounts, for example. \u00a0<\/p>\n Today, it includes phishing <\/em>25% of complaints to the Ombuds Service in financial disputes. In addition, the reporting system of the FPS Finance registered over 5,200 complaints in 2020, only relating to the FPS itself.<\/p>\n The social impact of phishing <\/em>is therefore enormous. The judiciary is not left behind either. For example, seven people were recently arrested for their involvement in a network explicitly dedicated to this form of fraud.<\/p>\n As a victim of phishing <\/em>however, you do not have to be left out in the cold. The law provides for several guarantees<\/strong>.<\/p>\n Thus, offering Articles VII.43 and VII.44 of the Code of Economic Law<\/strong> solace. In fact, in the case of an unauthorized payment, you are entitled to a refund<\/strong>. Also phishing <\/em>can lead to such an unauthorized payment and thus falls within this scope. However, reimbursement is not without conditions. Namely, there must be no gross negligence.<\/p>\n This is where the shoe pinches. The Antwerp Court of Appeals recently ruled that being a victim of phishing, <\/em>is not an automatic release to receive the refund. Even then, it must be shown that there was no gross negligence. The court thus imposed a duty of care<\/strong> on to the consumer; mails without an official logo of the banking institution should be read critically. In case you do respond to such mails, the chances of a refund based on Articles VII.43 and VII.44 of the Economic Law Code seem slim.[1]<\/a><\/p>\n Fortunately, the Criminal Code<\/strong> a solution to victims of phishing. <\/em>\u00a0On the one hand, Article 504 includesquater\u00a0<\/em>of the Penal Code the crime computer fraud<\/strong>. This penalizes the manipulation of data for the purpose of economic gain.<\/p>\n In addition phishing <\/em>also qualify as fraud within the meaning of Article 496 Penal Code<\/strong>. Scamming involves the appropriation of someone's business through the use of deceptive means. Sending out dubious and fraudulent messages via text message and e-mail thus make up deceptive means.<\/p>\n Both articles offer a criminal protection to victims of <\/strong>phishing<\/strong>. <\/em>If you believe you are the victim of such a crime, it is possible to file a civil suit. In this way, you can claim compensation for damages. What is interesting about this is that this compensation can be awarded without an appreciation of possible gross negligence, as is the case under the provisions of the Code of Economic Law. \u00a0<\/p>\n As a specialist in the field, we review the options in the event you were a victim of phishing. <\/em>\u00a0After this, a concrete roadmap can be worked out. Contact us here<\/a>.<\/strong><\/p>\nPhishing: legal safeguards<\/h4>\n