Recently, the Parliamentary Group Perú Libre presented Bill N°3251/2022-CR, which aims at regulating the responsibility of the companies of the Financial System with respect to computer fraud committed against the users of this system in case of fraudulent active and passive operations, establishing the actions to be taken and determining the times for the resolution of the cases.

The purpose of this bill is to protect and guarantee the active and passive operations carried out by the users of the financial system, reducing the economic damage and safeguarding the good credit reputation.

Among the measures contemplated in the proposed regulation, the obligation is prescribed for companies in the financial sector to return the amounts and/or cancel the unauthorized transactions reported by their users, in any case and no later than the next business day after the incident is reported. In case the company has reasonable indications to doubt the veracity of the report, it must inform the user and the Superintendence of Banking, Insurance and AFP in writing, within the same term, attaching the means of evidence supporting its position, and must demonstrate that all verification mechanisms were activated for said operation to prove that the operation was correctly registered.

For more information on this topic or any other related topic on banks'liability for cybercrime, please contact us at the following email: iye@cpb-abogados.com.pe

Team

Xenia Vizcarra De Schäffler
Xenia Vizcarra From Schäfflerxvizcarra@cpb-abogados.com.pe

Xenia Vizcarra De Schäffler

xvizcarra@cpb-abogados.com.pe

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Victor Bosleman
Victor Boslemanvbosleman@cpb-abogados.com.pe

Victor Bosleman

vbosleman@cpb-abogados.com.pe

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Ayrton Huaman
Ayrton Huamanahuaman@cpb-abogados.com.pe

Ayrton Huaman

ahuaman@cpb-abogados.com.pe

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