The legal issues information security attorney Mark Heyink has raised with ombud Reana Steyn include the risk you assume when using internet banking, possible negligence by the banks, the duty of care a bank owes you, and the liability of banks' agents. Assumption of risk When you open a bank account, you become a debtor or creditor of the bank. Only you can authorise payments to be made from your account. If payments are made without your authorisation, the bank is obliged to credit your account. However, with internet banking, you are said to agree to take the risk that if your password or PIN was used to log on, you authorised the payment. Heyink says banks are obliged, in terms of the Consumer Protection Act, to draw your attention to this shift in risk in their agreements with you. Heyink says Absa claims its clients have signed agreements shifting this risk, but has failed to provide these agreements to clients when asked to. Phumza Macanda, the head of media relations at Absa...

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