ECJ: Banks must first reimburse phishing damages

16. October 2026 Vincent EuGH Phishing Banken Schadensersatz

The European Court of Justice (ECJ) has ruled that banks must first replace phishing damages, with an exception. According to the ruling, banks are obliged to compensate for damages caused by phishing attacks, unless the person concerned has caused the damage himself. The decision highlights the responsibility of banks to protect their customers from cyberattacks. However, the reimbursement of damages only becomes mandatory if the banks have demonstrably not fulfilled their obligations to secure customer data. This means that banks must pay greater attention to security measures and customer information in order to avoid claims for damages. The decision has far-reaching implications for banking practices and security standards in the financial industry.

Phishing attacks are one of the most common forms of cybercrime and can result in significant financial losses. The ECJ decision underlines that banks need to improve not only the technical security measures, but also the information and awareness of their customers. However, the exception in the judgment shows that the responsibility of the banks does not necessarily apply to all damages as long as the security measures were appropriate. This creates a clear framework in which banks can clarify their obligations to customers. The decision is another step towards a greater responsibility of banks in the digital world.

The ECJ decision also affects the development of security solutions and the responsibility of providers. Companies and organizations need to focus more on the security of their systems to minimize such risks. The obligation of banks to repair damages underlines the importance of security measures and the responsibility of providers. The decision is a sign that the digital world is increasingly based on security and trustworthiness. In this context, the safety of users and the prevention of damage is of central importance.

## What this means for users The modules Infrastructure and Security in xynap offer a secure, self-hosted infrastructure with a focus on data protection and security, which is relevant for the topic of phishing and damages.

Sources (3)

  1. www.heise.de
  2. www.tagesschau.de
  3. www.golem.de