Belgian Court Defines “Gross Negligence” in Phishing Cases

Stijn Gansemans, 57, of Oud-Heverlee, Belgium, has won a six-year legal battle against KBC bank after falling victim to a phishing scam in 2020. Gansemans lost 25,000 euros when scammers tricked him into transferring funds via a fake website disguised as a government payment portal.

The bank initially refused to reimburse him, citing “gross negligence”, a term previously vaguely defined in Belgian law. The Court of Cassation ruled in Gansemans’ favor, clarifying that “gross negligence” requires a failure to act as a reasonably careful payer would.

This new definition raises the bar for banks denying reimbursement and could help other phishing victims recover lost funds. Gansemans hopes the ruling will empower others to pursue legal action.

While the Court of Cassation cannot issue a final ruling on the case, another Court of Appeal must now review the case considering the new definition of “gross negligence”. Consumer Affairs Minister Rob Beenders intends to codify the Court of Cassation’s definition into law.