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Payment fraud: are social media platforms and telecom operators liable?
The PSR requires telecom operators and very large platforms to fight spoofing and fake financial ads. It does not make them liable to victims. General law takes over, and banks’ notices become evidence.
IBAN check: confirm despite the warning, and the loss is yours
The IBAN check (verification of payee) has been mandatory in the euro area since 9 October 2025. It is not a firewall but a liability trigger: everything turns on proving that the bank offered the service correctly.
Payment Fraud: The PSR’s Layered Liability
The PSR drops PSD2’s binary authorised / unauthorised model. An authorised payment may remain refundable: impersonation of the bank, failed verification of payee, failed transaction monitoring. What this changes for phishing litigation.
Belgian Council of State annuls a Treasury refusal to release assets held with Euroclear
On 11 September 2026, the Belgian Council of State annulled a decision of the General Administration of the Treasury refusing to release assets held with Euroclear. The judgment concerns the way the Treasury has been deciding applications for authorisations and derogations under EU restrictive measures, and its interest lies there rather than in the case…
Unfair Terms and Transparency: No Nullity Without a Manifest Imbalance (Belgian Cassation, 29 January 2026)
Is an opaque banking clause unfair — and therefore void — for that reason alone? The Belgian Court of Cassation answered no in a judgment of 29 January 2026, setting aside a much-noticed ruling of the Antwerp Court of Appeal. A lack of transparency feeds into the assessment, but it does not relieve the court…
The Bank Is Not an Automatic Insurer Against Phishing
The Court of Cassation tightens the notion of gross negligence, without turning the bank into an automatic insurer against phishing. By a judgment of 29 June 2026, the Belgian Court of Cassation clarified the notion of gross negligence in phishing fraud. The decision undeniably raises the bar for banks that intend to leave the loss…
EU Sanctions: Challenging a Listing (Delisting) and What It Means for Banks
Being placed on an EU sanctions list has immediate and severe consequences: frozen assets, a ban on making funds available, blocked payments and reputational damage. These measures weigh first on the designated person, but also on the banks that must give effect to them. What many listed persons and entities do not realise is that…
Banking Phishing: Is the Bank the Temporary Financier of Uncertainty?
The Antwerp Order of 26 May 2026 requires a bank to reimburse immediately a customer who has fallen victim to banking phishing. But what does it really say, and what should financial institutions take away from it?
Personal guarantees in Belgium: the guarantor gets its own book in the Civil Code
Since 1 January 2026, Book 9 of the Belgian Civil Code governs suretyship, autonomous guarantees, letters of comfort and real suretyship. What changes for guarantors and banks.
Bank transfers for investment purposes: no duty to warn (French Supreme Court, 25 March 2026)
The French Supreme Court confirms that when executing a transfer, a bank acts as a payment service provider and has no duty to advise or warn on investment risks. The bank’s role is limited to detecting apparent anomalies.
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