Effectiveness of the Computer Science Systems and Security in the Use of Banking Cards
The uprisings of the Spanish courts associated, with general character, the fraudulent use of banking cards, by means of introduction of the personal identification number (PIN), to a negligent performance of the cardholder in safekeeping the PIN. There-fore, the responsibility was not on the issuer of the card, but on the cardholder.
Nevertheless, Spanish Courts have changed their criterion since 2005 and placed the burden of proof on the banking entities. Now, banks have to prove that the payment system and the refund by means of the use of an electronic system are completely and surely infallible. They also need to prove that the access to its services only can be verified with noticeable of a PIN number that is, in itself, indecipherable, or in other words, that the only form that a third party may access the services is by previously viewing the PIN in any form.
Since 2005 Spanish courts have placed the burden of proof on the banking entities, we may think of the difficulty that, from now on, banks are going to have in defending their rights, as opposed to the former general assumption of fraudulent use of cards. Although banks are constantly improving their security measures and operating systems, such systems con-tinue undergoing the risk of being deceived by sophisticated networks of national and inter-national delinquency.
The following questions have been addressed in this article:What are the obligations assumed by the cardholder and the bank in a debit/credit card contract in Spain?