Law (2010:738) If Unauthorized Transactions With Payment Instruments

Original Language Title: Lag (2010:738) om obehöriga transaktioner med betalningsinstrument

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:738

section 1 of this Act apply to a liability account for amounts

are charged to an account due to an unauthorised transaction with a

payment instruments.



2 for the purposes of the Act



1. payment instruments: a debit card or any other

personal instruments or a personal routine used for

to electronically initiating a payment transaction;



2. unauthorized transaction: a transaction carried out without

consent of the account holder or any other person who, in accordance with

account agreement are authorized to use the payment instrument,



3. "consumer" means any natural person who is acting primarily for

purposes which fall outside of the business.



paragraph 3 of the terms in comparison with the provisions of this

law to the detriment of the consumer are inoperative against him

or her.



4 § the account holder is obliged to



1. protect a personal code that he or she received,



2. in the knowledge that the payment instrument is lost or

improperly used as soon as possible notify the who is

payment service provider and the



3. in other respects, comply with the conditions under the account agreement

for use of the payment instrument.



§ 5 If an unauthorised transaction has been completed to the

as a result of the account holder has failed to protect a

personal code, the account holder is responsible for this amount, up to a maximum of

1 200 kroons.



section 6 If an unauthorised transaction has been completed to the

as a result of the breach of an obligation under paragraph 4 by rough

negligence, the account holder is responsible for the entire amount.



Is the account holder, is responsible within the meaning of the first subparagraph

limited to a maximum of 12 000 kroons. The account holder has been

particularly objectionable, however, is responsible for his or her entire

amount.



section 7 Notwithstanding sections 5 and 6, is the responsibility of the account holder

not for any amounts that were charged to your account after the

He or she will be notified to the payment service provider to

payment instrument should be blocked. However, this does not apply if

the account holder through fraudulent conduct has contributed to the

unauthorized transaction.



section 8 account holder is responsible for the entire amount if he or she

does not notify the payment service provider shall, without undue delay,

After having become aware of the unauthorized transaction.

The same applies if the payment service provider has provided

account holder information on the transaction and the account holder

does not notify the payment service provider in 13 months

from the amount charged to the account.



§ 9 even if anyone other than the account holder's jurisdiction pursuant to

account agreement to use a payment instrument, shall, at the

assessment according to paragraphs 5 to 8 of if the account holder is responsible for

any amount, the other person's behaviour counts as if

the account holder had acted.