top of page

Banker-Customer Relationship In Electronic Banking System: Liability And Remedies For Data Breach In Nigeria




Ogechi Bernice Ohwomeregwa, Lecturer, Delta State University, Oleh Campus


ABSTRACT


The question of who takes responsibility for third party intrusion and or invasion of bank customers’ vital information and data during electronic banking transactions is yet to receive a settled position in Nigeria. This paper is set to examine the nature of banker/ customer relationship under electronic banking so as to establish liability in cases of data breach. In order to achieve this, doctrinal research method is used. It is observed that the traditional banker customer relationship has not been affected by electronic banking; however, electronic banking has impacted the nature and form of contract created under it. It is also observed that lack of a specific and comprehensive statutory framework in this area has widened the scope of data breach suffered by bank customers. Based on this observation, it is recommended that there is a need for courts to uphold the traditional banker /customer relationship between banks and customers. It is also recommended that exclusion or exemption clauses cannot avail banks who fail to protect their customers’ vital information as that amount to breach of fundamental term of banker/customer relationship whether or not there is a written agreement to that effect.


Keywords: Banker, Customer, Data Breach, Rights, Remedies

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page