European Council: Agreement on new rules to fight non cash payment fraud
11 December 2018
The Council and Parliament negotiators reached an agreement on the directive on combating fraud and counterfeiting of non-cash means of payment. This provisional political agreement will now have to be confirmed by the two institutions.
The directive updates the existing rules to ensure that a clear, robust and technology-neutral legal framework is in place. It also gets ride of operational obstacles that hamper investigation and prosecution, and foresees actions to enhance public awareness of fraudulent techniques such as phishing or skimming.
The directive is technology-neutral and will encompass not only traditional non-cash payments such as bank cards or cheques but also new ways of making payment which have appeared over recent years, such as electronic wallets, mobile payments and virtual currencies.
The compromise text agreed includes provisions on:
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Expanding the scope of the offences to include, for example, transactions through virtual currencies;
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Harmonising the definitions of some online crime offences, such as hacking a victim's computer or phishing;
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Harmonised rules on penalties for natural persons: Council and Parliament agreed minimum penalties ranging from 1 to 5 years depending of the type of offence;
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Assistance and support to ensure victims are sufficiently informed of their rights and citizens are advised on how to protect themselves from such frauds;
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Clarification of the scope of jurisdiction to ensure cross border frauds is tackled more effectively;
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Collection of statistics on, as a minimum, the number of offences and the number of persons prosecuted and convicted
The directive provides for minimum rules, so member states are free to go further and implement more stringent rules, including a broader definition of offences or higher penalties.
Press release
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