Online Banking: is onus on user to ensure OS or software is up to date ?
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Can a bank refuse liability due to an outdated OS.?
If there are known weaknesses that can be exploited to gain sensitive login information (there certainly are on XP) then yes of course they can. The bank have a duty to keep their side (servers) secure. You have a duty to keep your client device secure.
If you can demonstrate that you have secured against all known threats then your responsibility ends there.2.88 kWp System, SE Facing, 30 Degree Pitch, 12 x 240W Conergy Panels, Samil Solar River Inverter, Havant, Hampshire. Installed July 2012, acquired by me on purchase of house in August 20170 -
You may as well ask why it doesn't tell you, in the T&Cs, to keep your house doors and windows locked.
It's for the same reason.0 -
cjmillsnun wrote: »Can a bank refuse liability due to an outdated OS.?
If there are known weaknesses that can be exploited to gain sensitive login information (there certainly are on XP) then yes of course they can. The bank have a duty to keep their side (servers) secure. You have a duty to keep your client device secure.
If you can demonstrate that you have secured against all known threats then your responsibility ends there.
Can you please support this by linking to the legal T&Cs which state this or is it in fact your own interpretation ?0 -
binaryuniverse wrote: »You may as well ask why it doesn't tell you, in the T&Cs, to keep your house doors and windows locked.
It's for the same reason.
Your opinion is an inplied interpretation.
However, if such a term is stated within your Online Banks T&Cs please provide a link to support this.0 -
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binaryuniverse wrote: »You're asking me to provide a link to something I told you would never appear?
Please explain why it would never appear; but only if it is more than just your personal opinion.
Otherwise, please only reply to this thread if you know of a clause containing specific legal wording within Online Banking T&Cs, which specifically states that a device used to access Online Bank Accounts, whether a Computer, Laptop, Tablet, Smartphone or any other device must have the most up to date or at least a recent OS installed and running.0 -
There are no links to any T&C that say you must have the latest operating system (ie Windows 10 in the Windows environment) because this is not a requirement.
As far as I know, there have been no refusals by banks to pay compensation after a loss, with the bank saying an insecure client was used thus enabling the fraudsters to gain access to sensitive information. At least, if there have been it's not easily findable on Google.
However, going forward, it MIGHT happen - who knows. Exactly what the bank would argue, how it would pan out and if it would be upheld is anyone's guess.
I suspect it you did what any 'reasonable' person should do, which to me would be keep your antivirus up to date and apply security fixes to your OS (whatever version) as and when they are released then the bank would not be able to take this path. But that's just my opinion and I have no facts to back it up.0 -
I created this thread to highlight what I believe could be an important issue, I'm certainly not advocating the use of outdated OS, either to make a stance or just for the sake of it.
18cc.... To an extent I agree with your theory and I'm not attempting to contradict you or anyone else who has contributed to this thread.
Although, in regard to "what any reasonable person should do" this is not necessarily so with a device OS as a certain level of technical awareness, maybe knowledge is required; where as "a reasonable person would " lock the doors and close windows of their home to prevent burglary.
I'm relatively aware of all things tech; latest smartphone, TV's, FPV cameras, OS, Browsers etc and I believe it's not always necessary to install the latest OS system just for the sake of it or the moment the latest version is released.
I've been happily using Windows XP without a second thought to the possible risk to Online Banking, even accessing my Credit Cards online.
Since creating this thread, I've discovered that friends, work colleagues and family, also my girlfriend and her family, don't even know which OS is installed on their computer; most stating they use what was installed when they bought it; although they're more inclined to update the OS of their smartphone and tablet, especiallly when a iPhone or iPad.
However, FSA rules state a victim of fraud, whether online or not be given benefit of doubt and reimbursed.
Although, Banks and Credit Card companies often come up with elaborate and obscure reasons not to reimburse victims and I speak from personal experience.
A situation which occurred quite a few years ago, before online and possibly telephone banking even existed; took 5 years to resolved, but only because Credit Reference Agency automatically wiped files after 5 years.
None of us want to find out the hard way; have our Online Bank Accounts drained of funds by hackers, only for the Bank to enforce a clause that we wasn't even aware of; be a very expensive oversight.0
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