Research On The Security Obligation Of Online Bank

Online banking is a type of banking that uses network technology to provide financial services to the public.The technical risks of online banking services make it necessary to guarantee the security of customer funds.The theoretical basis for online banking to undertake security obligations includes risk control theory,profit-making compensation theory,and theory of saving total social costs.Article 37 of the Tort Liability Law is the operator's obligation to protect the business premises.Online banking is the bank operator.The virtual space of the online banking system is the operating place of online banking.The virtual nature of the space does not affect the business premises.Confirmed.The application of security assurance obligations in virtual space has been recognized by theory and practice.Therefore,the online banking security guarantee obligation can be included in the adjustment scope of Article 37 of the Tort Law.Since the online banking business premises are virtual spaces,the content of the security obligations for the business premises is different from that of traditional banks,including online banking system security,operational procedures security,and risk warnings.The criteria for determining whether online banking violates security obligations include statutory standards,industry standards,and good manager standards.The lag of statutory standards may not adequately protect victim customers.Industry standards can complement,and good managers' standards are measured.Flexible and reasonable.In specific cases,if the behavior of online banking meets the statutory standards and industry standards,but the purpose of protecting the victim is not achieved,it should also be measured by the criteria of good managers to determine whether the online banking is fulfilling its security obligations.The characteristics of high risk and professionalism of online banking business require online banking to assume the obligation of security assurance higher than the general duty of care,but it is still limited.The reasonable limits for determining online banking security obligations include both general principles to be followed and specific factors to consider.