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
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