Recently, the Perú Libre Parliamentary Group presented Bill No. 3251/2022-CR, whose purpose is to regulate the responsibility of companies in the Financial System, with respect to computer fraud committed against users of this system in the face of active and fraudulent liabilities, establishing the actions that must be taken and determining the times for the resolution of the cases.

The purpose of said bill is to protect and guarantee active and passive operations carried out by users of the financial system, reducing economic damage and safeguarding good credit reputation.

Among the measures contemplated in the proposed standard, the obligation is prescribed for companies in the financial sector to return the amounts and/or cancel unauthorized operations reported by their users, in any case and no later than the business day following reported the incident. If the company has reasonable grounds to doubt the veracity of the report, it must inform the user and the Superintendency of Banking, Insurance and AFPs in writing, within the same term, attaching the evidence that supports its position, and it is the responsibility of the company to demonstrate that for said operation, all the verification mechanisms were activated that demonstrate that said operation was correctly registered.

For more information contact:

Mario Pinatte  | CPB Partner | mpinatte@cpb-abogados.com.pe