Overview
- The 8th Civil Senate held that the S-pushTAN login fails to satisfy ZAG and PSD2 criteria for strong customer authentication.
- Sparkasse was assigned 20 percent contributory negligence and must refund €9,884.29 plus interest and €1,119.79 in pre-litigation legal fees.
- Judges found the customer grossly negligent under § 675l BGB for approving undefined “orders” in the pushTAN app after a phishing attack.
- By quashing the October 2024 Chemnitz Regional Court ruling, the OLG Dresden establishes a new precedent on banks’ authentication duties.
- The verdict intensifies calls for banks to adopt robust methods like photoTAN or enhanced app-based multi-factor verification to counter AI-driven phishing threats.