the delay of the banks sanctioned by the judges

Lhe delay with which banks have implemented “strong authentication”, supposed to limit fraud, risks harming them: the Court of Cassation has just ruled that one of them had to reimburse its customer, victim fraudulent withdrawals during this transitional period.

For the record, it was from September 14, 2019 that consumers making online purchases were supposed to validate their payments using this protocol, which requires double verification of their identity (the usual password, then a code secret received by SMS or voice server, For example).

This is what the delegated regulation of November 27, 2017, which completes the directive on payment services in the internal market, adopted on 25 November 2015.

But, as traders and banks were not ready, the European Banking Authority (EBA) granted them a deadline, until December 31, 2020. In France, double authentication did not come into full force for the first euro until May 15, 2021.

However, on January 27, 2020, Mr. who he believes to be an employee of his bank. Payments that he did not authorize are then made from his account. Crédit Agricole refuses to reimburse it, accusing it of serious negligence, and the Clermont-Ferrand judicial court rules in favor of the bank on January 13, 2022.

“Thousands of files”

Mr. His lawyer, M^e François Bardoul, recalls that under the terms of theArticle L. 133-44 of the monetary and financial code, which entered into force on September 14, 2019 (under thearticle 34-VIII-3° of the order of transposition of the directive), the payment service provider must, since that date, apply strong authentication when the customer “executes an operation through a means of remote communication”. And that, under the terms of article L. 133-19, the customer, “except for fraudulent actions on his part”, bears no consequences for an operation executed without respecting this protocol.

The lawyer concludes that, if, as Mr. He claims that the court violated the texts cited above, by not requiring the bank to prove the contrary.

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