I. – In the event of an unauthorised payment transaction resulting from the loss or theft of a payment instrument, the payer shall be liable for any losses arising from the use of the instrument, up to a maximum of €50, before the information provided for in article L. 133-17 is provided.
However, the payer shall not be liable in the event of :
– unauthorised payment transactions carried out without using personalised security data ;
– loss or theft of a payment instrument that cannot be detected by the payer prior to payment;
– loss due to the acts or omissions of an employee, agent or branch of a payment service provider or of an entity to which its activities have been outsourced.
II. – The payer is not liable if the unauthorised payment transaction was carried out by misappropriating the payment instrument or the data linked to it without the payer’s knowledge.
Nor shall the payer be liable in the event of counterfeiting of the payment instrument if, at the time of the unauthorised payment transaction, the payer was in possession of the payment instrument.
III. – Unless the payer has acted fraudulently, the payer shall bear no financial consequences if the payment service provider does not provide appropriate means for informing the payer so that the payment instrument can be blocked, as provided for in Article L. 133-17.
IV. – The payer shall bear all losses incurred as a result of unauthorised payment transactions if such losses are the result of fraudulent conduct on his part or if he has intentionally or through gross negligence failed to comply with the obligations set out in Articles L. 133-16 and L. 133-17.
V. – Unless he has acted fraudulently, the payer shall bear no financial consequences if the unauthorised payment transaction was carried out without the payer’s payment service provider requiring strong authentication of the payer as provided for in Article L. 133-44.
VI. – Where the payee or his payment service provider does not accept strong authentication of the payer as provided for in Article L. 133-44, he shall reimburse the financial loss caused to the payer’s payment service provider.