La responsabilidad objetiva de los bancos en los casos de fraude electrónico en Colombia

This article analyzes banking strict liability in cases of electronic fraud in Colombia by examining the applicable legal framework, the main types of fraud, and jurisprudence of the Supreme Court of Justice, with an emphasis on the theory of created risk in business matters. The Civil and Agrarian Hall of the Supreme Court of Justice has tended to rule in favor of consumers, arguing that banks, in offering electronic banking services, create an inherent risk of fraud and they have some benefit from it. Therefore, they should bear the consequences. However, liability is not absolute, with factors such as the bank's diligence in implementing security measures and the customer's behavior being considered. This article aims to analyze the objective liability of financial entities in cases of electronic fraud in Colombia, in the light of the theory of created risk and the Supreme Court of Justice's jurisprudence. A close look is given at the regulatory framework in force, the different types of electronic fraud, and the jurisprudential basis used by the Court to establish financial institutions liability. Special attention will be paid to outstanding rulings on this matter, in order to identify the jurisprudential trends and the grounds substantiating a strict liability on banks. As a conclusion, we argue that banking entities' objective liability in cases of electronic fraud is an evolving issue, which requires continuous analysis and progressive adaptation to technological advances and emerging dynamics in the financial system.