Claim for damages after misuse of BankID

Supreme Court judgment 22 October 2020, HR-2020-2021-A, (case no. 20-006911SIV-HRET), civil case, appeal against judgment. 

A (Counsel Amund Noss), The Norwegian Consumer Council (third-party intervener) (Counsel Asle Bjelland) v. Brabank ASA (Counsel Kjetil Vangsnes)

Justices: Indreberg, Webster, Noer, Arntzen, Bergh

A married couple had received a loan for consumer goods by misusing another man's BankID. The Supreme Court found that the man was not liable for the bank's loss, see section 34 of the Financing Contracts Act. It was unknown how the misusers had obtained the man's password. There was no preponderance of the evidence that it was due to the man's negligence, but he could be criticised for the way he had stored his code chip. The Supreme Court emphasised, however, that the bank had chosen to enter into an loan agreement involving a significant amount, exclusively based on the use of a BankID, without taking future security measures. The bank had thus consciously chosen a procedure that involved a clear risk of a loss. Balanced against this, the risk attached to the careless storage of the code chip was so limited that there was no basis for considering the man's conduct negligent.

Read the whole judgment (Norwegian only)

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