Lifting the lock
The bank will release a lock or exchange the Personalized Security Feature or Payment Instrument if the reasons for the lock no longer exist. She will inform the account / deposit holder about this.
Automatic lock on a chip-based payment instrument
The smartcard with signature function locks itself if the usage code for the electronic signature is entered incorrectly three times in a row.
A TAN generator as part of a smart card that requires the entry of its own usage code blocks itself if it is entered incorrectly three times in a row.
The payment instruments referred to in paragraphs 1 and 2 can then no longer be used for online banking. The Participant may contact the Bank to restore the use of Online Banking.
Liability of the Bank in the event of an unauthorized online banking disposal and a non-defective, incorrect or late online banking disposal. The Bank’s liability in the event of unauthorized online banking provision and a non-erroneous or late Online Banking Order shall be governed by the terms and conditions agreed for each type of order (such as conditions for transfer, conditions for the securities transaction).
Liability of the Account / Securities Account Holder in case of misuse of a Personalized Security Feature or a Payment Instrument
Liability of the account holder for unauthorized payment transactions prior to the block indicator
If unauthorized payment transactions prior to the blocking notice involve the use of a lost, stolen or lost payment instrument or other improper use of a payment instrument, the Account Holder shall be liable for the damage suffered by the Bank up to an amount irrespective of whether the participant is at fault.
The account holder is not obliged to pay compensation for the damage under paragraph 1 if:
– it has not been possible for him to notice the loss, theft, misplacement or other misuse of the payment instrument prior to the unauthorized payment transaction, or
– the loss of the payment instrument has been caused by an employee, an agent, a branch / branch of a payment service provider or any other entity to which the payment service provider’s activities have been outsourced.
If unauthorized payment transactions occur in front of the Block Indicator and the Participant has acted fraudulently or has intentionally or grossly negligently breached its duties of disclosure and due diligence under these Conditions, the Account Holder, by way of derogation from paragraphs 1 and 2, fully borrows the resulting damage. A gross negligence on the part of the participant may arise, in particular, if he does not immediately notify the bank of the loss or theft of the payment instrument or the misuse of the bank’s payment instrument or personal security feature after becoming aware of it
a) the personal security feature has been electronically stored unsecured,
b) the Personal Security Feature was not kept secret and the abuse was caused by it,
c) has provided the Personalized Security Feature by e-mail or other means of telecommunication;
(d) the personal security feature has been noted on the payment instrument or has been kept together with it),
e) using more than one TAN to authorize a job,
f) in the smsTAN method, the device with which the TAN is received
be used (eg mobile phone), also for online banking.
By way of derogation from paragraphs 1 and 3, the Account Holder is not obliged to pay compensation if the Bank has not requested the Participant to provide strong customer authentication pursuant to section 1 (24) of the Postal Services Supervision Act, even though the Bank was obliged to provide strong customer authentication. In particular, strong customer authentication requires the use of two independent elements from the categories of knowledge (something that the subscriber knows, eg PIN), possession (something that the subscriber owns, eg TAN generator) or inherence (something that the participant is, eg fingerprint).
Liability for damage caused within the period for which the scope of the indemnity applies shall be limited to the agreed availability.
The Account Holder shall not be liable to pay compensation for the damage referred to in paragraphs 1 and 3 if the Participant was unable to surrender the Block Indicator because the Bank had failed to secure the possibility of receiving the Block Indicator.
Paragraphs 2 and 4 to 6 shall not apply if the participant has acted fraudulently. If the Account Holder is not a consumer, the following additional provisions shall apply: – The Account Holder shall be liable for damages resulting from unauthorized payment transactions beyond the limit of liability of € 50 under paragraphs 1 and 3 if the Participant negligently or intentionally violates his or her duties of display and due care under these conditions has broken. The limitation of liability in paragraph 2 first indent does not apply.
Liability of the Custodian in Unauthorized Securities Transactions Prior to the Block Indication If unauthorized securities transactions prior to the Block Indication involve the use of a lost or stolen payment instrument or other misuse of the Personalized Security Instrument or the Payment Instrument and the Bank has suffered such loss, the Custodian is liable and the bank according to the legal principles of contributory negligence.