Cybercrime, internet fraud and phishing

More and more people are becoming victims of Internet scams. Phishing is a form of Internet fraud where you receive fake messages attempting to obtain login details, credit card information, PIN codes or other personal data.

Compared to 2018, there were a whopping 7 times more complaints filed by phishing victims last year (2022). In 2022, phishers were able to loot EUR 39.8 million all together (Source: Febelfin). This form of online fraud is thus on a steep rise. This blog post explains what it is, how to recognise phishing and what exactly you can do about it.

In phishing, cyber criminals try to obtain personal information such as credit card codes with fake and misleading e-mails or text messages. Through these deceptive messages, you are often lured to a fake website that has been accurately recreated to look identical to that of your bank or another official agency.

From the moment you click on the link and enter your personal information, this data is automatically sent to the scammers. This information can be misused to access your email, bank or other accounts or sold to other scammers.

But you can also be scammed through websites such as 2ndhands or Marketplace. Increasingly, so-called "official" payment requests are being sent. Here, the perpetrator sends a payment request that you can click on. Clicking on this link will take you to a payment page that is often linked to Bancontact. As it were, you pay for goods, crypto coins, gift cards, ... for the benefit of the perpetrator instead of the product or service you purchased.

The culprit immediately cashes in the products purchased, making it impossible for the money to be recovered by your bank. When making the payment, your PIN is often not required, after all, your Face ID often enough to make the payment.

It is vital that you contact your bank immediately if you have fallen victim to phishing. They may block all your accounts. Then file a complaint with the police to track down the perpetrators.

If you are insured against cyber fraud, you can hand over the evidence to them and seek reimbursement for the losses incurred.

You can always contact us for legal support during this process.

When you do fall victim to phishing, the question arises as to who can be held liable for the damages suffered.

In principle, the perpetrator is liable for full compensation. However, it is often unidentifiable. In that case, the bank has a repayment obligation in principle.

Article VII.44, §1, second paragraph, 1° of the Economic Law Code provides that the victim does not bear any liability if the unlawful use of his payment instrument could not be established before the payment was made. The bank then has a repayment obligation in principle for amounts above EUR 50.00.

Only if the victim knew or should have known during the transfer of his payment details that this was done with fraudulent intentions, this repayment obligation lapses.

If there is no gross negligence, nor any imprudence or levity on the part of the victim, the bank remains bound by its duty to repay the loss.

However, banks often try to get out from under their repayment obligation. You can therefore also get cyber fraud insurance. That way, you will receive a refund immediately. The insurance will not only compensate you for the damage suffered, but also if you wish to lodge a complaint or start legal proceedings, you can rely on your cyber insurance for legal assistance.

If you receive a suspicious e-mail or text message, it is best to file a complaint with the Police immediately. Are you a victim of phishing or would you like additional information? Then you can always contact us or make an appointment at our office. We will be happy to help you further.

If you receive an e-mail or text message, keep the following tips in mind:

1. A bank or any other official body will never ask you to pass on your PIN or passwords via mail or phone. If you receive such request, you may assume that this is an attempt at fraud.

2. An e-mail or text message with many language errors should raise the alarm. Impersonal e-mails or messages also require extra vigilance. Beware, because increasingly, phishing emails and messages are drafted in correct Dutch.

3. Thoroughly verify the identity of the sender and links. Check the sender's e-mail address or phone number and, if in doubt, consult the Internet or the police. Beware, as increasingly official websites are being meticulously recreated so that you are under the impression that you are dealing with an official body.

In general, it is thus important to always be on your guard. But it can happen to anyone to fall victim to phishing, after all, perpetrators are increasingly credible and use better and more convincing techniques to trap people.

On the website Safeonweb of the Centre for Cybersecurity Belgium can you current information, as well as a series of tips recover to surf safely.

Victims can contact the hotline for (internet) fraud.

Parents can install targeted apps on the smartphone, tablet or Ipad to protect children from unwitting cyber fraud.

Do not hesitate to contact us for advice or information!