Civil liability and cyber insurance for electronic bank account hacking under Jordanian law: a doctrinal and comparative analysis

Introduction The rapid expansion of electronic banking has significantly increased exposure to cyber risks, including phishing attacks and unauthorized electronic payment transactions. These developments raise complex legal questions concerning civil liability, loss allocation, and compensation mechanisms, particularly within legal systems that lack specialized regulatory frameworks. Methods This study employs a doctrinal and comparative legal methodology. It analyzes the applicable provisions of Jordanian civil, commercial, and banking law, alongside relevant regulatory instruments, and compares them with selected foreign legal frameworks, including European payment services regulation, South African jurisprudence, and U.S. consumer protection laws governing electronic fund transfers. Results The findings reveal that Jordanian law relies primarily on general fault-based liability principles under the Civil Code and Commercial Code, without establishing a specific legal regime for unauthorized electronic transactions. This approach imposes a substantial evidentiary burden on customers, despite banks' superior technical control over digital payment systems. In contrast, comparative legal systems increasingly adopt risk-based or hybrid liability models that favor consumer protection and institutional responsibility. The analysis further demonstrates that cyber insurance, while recognized internationally as a key mechanism for risk allocation and compensation, remains underdeveloped and insufficiently integrated into the Jordanian legal and regulatory framework. Discussion The study concludes that the current Jordanian legal framework is inadequate to address the systemic risks associated with electronic banking. It proposes the introduction of a statutory regime governing unauthorized electronic payment transactions, including presumptive bank liability, clearer allocation of risk between banks and customers, and the integration of cyber insurance as a complementary compensation mechanism. Such reforms are essential to enhance consumer protection, ensure effective compensation, and maintain financial system stability.

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Publication Details

Journal
Frontiers in Human Dynamics
Published
2026-04-14
DOI
https://doi.org/10.3389/fhumd.2026.1790473
Primary Topic
Information and Cyber Security
Type
article
Field-Weighted Citation Impact
0.00
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article

Civil liability and cyber insurance for electronic bank account hacking under Jordanian law: a doctrinal and comparative analysis

Ghazi Ayed Alghathian, Ahmad Awwad Albnian, Ahmed M. Khawaldeh, Adel Salem Allouzi et al.
Frontiers in Human Dynamics
Information and Cyber Security
article

Civil liability and cyber insurance for electronic bank account hacking under Jordanian law: a doctrinal and comparative analysis

Ghazi Ayed Alghathian, Ahmad Awwad Albnian, Ahmed M. Khawaldeh, Adel Salem Allouzi, Murad Abdul Rahim Mahmoud Al-Faouri
article en

Abstract

Introduction The rapid expansion of electronic banking has significantly increased exposure to cyber risks, including phishing attacks and unauthorized electronic payment transactions. These developments raise complex legal questions concerning civil liability, loss allocation, and compensation mechanisms, particularly within legal systems that lack specialized regulatory frameworks. Methods This study employs a doctrinal and comparative legal methodology. It analyzes the applicable provisions of Jordanian civil, commercial, and banking law, alongside relevant regulatory instruments, and compares them with selected foreign legal frameworks, including European payment services regulation, South African jurisprudence, and U.S. consumer protection laws governing electronic fund transfers. Results The findings reveal that Jordanian law relies primarily on general fault-based liability principles under the Civil Code and Commercial Code, without establishing a specific legal regime for unauthorized electronic transactions. This approach imposes a substantial evidentiary burden on customers, despite banks' superior technical control over digital payment systems. In contrast, comparative legal systems increasingly adopt risk-based or hybrid liability models that favor consumer protection and institutional responsibility. The analysis further demonstrates that cyber insurance, while recognized internationally as a key mechanism for risk allocation and compensation, remains underdeveloped and insufficiently integrated into the Jordanian legal and regulatory framework. Discussion The study concludes that the current Jordanian legal framework is inadequate to address the systemic risks associated with electronic banking. It proposes the introduction of a statutory regime governing unauthorized electronic payment transactions, including presumptive bank liability, clearer allocation of risk between banks and customers, and the integration of cyber insurance as a complementary compensation mechanism. Such reforms are essential to enhance consumer protection, ensure effective compensation, and maintain financial system stability.

Frontiers in Human DynamicsVol. 8
University of Jordan (JO), Abu Dhabi University (AE), Amman Arab University (JO), Zarqa University (JO)
Peace, Justice and strong institutions
Openalex Percentile: Top 20%
Information and Cyber Security
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