The legal framework
Directive 2005/29/EC prohibits unfair and misleading commercial practices, with a blacklist of conduct banned in all circumstances. Directive (EU) 2015/2366, known as PSD2, requires strong customer authentication and obliges the payment provider to refund an unauthorised transaction immediately, unless the payer acted fraudulently or with gross negligence, with the burden of proof on the bank. Together they underpin the remedies available after a romance scam.
The decisive distinction is between an unauthorised transaction — a payment made without your consent, refundable — and an authorised transfer made under manipulation, which is far harder to recover.
Reporting immediately matters: a refund for an unauthorised transaction requires prompt notification, and the bank must refund by the end of the following business day.
Key points
| Instruments | Directive 2005/29/EC; Directive (EU) 2015/2366 (PSD2) |
|---|---|
| Misleading practices | Prohibited, with a blacklist of always-unlawful conduct |
| Strong authentication | Required for most online payments |
| Unauthorised transaction | Immediate refund unless fraud or gross negligence |
| Burden of proof | On the payment provider, not the customer |
In practice
- Check first what kind of instrument it is: a regulation applies directly, a directive must be transposed and leaves differences between states.
- Consult the consolidated version on EUR-Lex, which incorporates every amendment.
- Identify the national transposing statute: that is what a court will actually apply.
- Where the meaning is disputed, look for Court of Justice judgments on the point.
- For a cross-border dispute, check whether a national contact point or a European network can help.
Cost and coverage
Consulting Union law costs nothing: EUR-Lex publishes every text free of charge, in twenty-four official languages and in consolidated form. Any cost lies in legal advice, where the interaction between the European text and the national transposing statute becomes decisive — common with directives, rare with regulations.
Where to go
- EUR-Lex, the official portal of Union law, publishing every text in twenty-four languages
- The European e-Justice Portal, for cross-border procedures
- Your Europe, the Commission's information service for citizens
- SOLVIT, the network that resolves misapplication of Union law by an administration
- The European Consumer Centre in your country, for cross-border consumer disputes
Worth knowing
Do not confuse the European Union with the Council of Europe: the European Convention on Human Rights and the Strasbourg Court are not EU bodies and cover forty-six states, including Switzerland and the United Kingdom.
Frequently asked questions
Must my bank refund me?
For an unauthorised transaction, yes, by the end of the business day following your notification, unless you acted fraudulently or with gross negligence.
What if I made the transfer myself?
That is an authorised transfer: refund is not automatic, though a claim may still be possible depending on the circumstances.
Who has to prove what?
The payment provider must prove the transaction was authenticated and accurately recorded; the customer does not have to prove the negative.
Who do I report to?
The bank immediately, then the police and your national consumer protection authority.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database