Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Lucknow
Faculty of Law
For
Submitted by
Eshan Priydarshy
154140022
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CONTENTS
1. ACKNOWLEDGMENT.................................................................................................3
2. INTRODUCTION.......................................................................................................... 4
3. ADVANTAGES...............................................................................................................6
4. RISKS................................................................................................................................9
6. INDIAN POSITION......................................................................................................11
9. CHALLENGES..............................................................................................................18
10. CONCLUSION..............................................................................................................19
11. BIBLIOGRAPHY...........................................................................................................20
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ACKNOWLEDGMENT
I Eshan Priydarshy student of B.Com LL.B(Hons*) 7th Semester has made this
assignment under the guidance ship of Shail Shakya Sir, who is my subject
teacher for the Banking Law. I would like to express my special thanks of
gratitude to her who gave me the golden opportunity to do this wonderful project on
the topic Challenges to Internet Banking, and also help me out with problems, which
also helped me in doing a lot of Research and I came to know about so many new
I would also like to thank my friends for their constant support and help every
time.
Thanking You.
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INTRODUCTION
Banking over the Internet has attracted increasing attention from bankers and other
financial services industry participants, the business press, regulators, and law makers.
Among the reasons for Internet baking's audience are the notion that electronic
banking and payments will grow rapidly, more or less in tandem with proliferating
electronic commerce; industry projections that Internet banking will cut banks ‟costs,
increase banks‟ revenue growth, and make banking more convenient for customers;
and some vexing public policy issues. 1 Despite this attention, there is a dearth of
systematic information on the nature and scope of Internet banking. Bankers and
public policymakers alike have had to plan using largely anecdotal evidence and
conjecture. Banks offer Internet banking in two main ways. An existing bank with
physical offices can establish a Web site and offer Internet banking to its customers as
“virtual,” “branchless,” or “Internet-only” bank. The computer server that lies at the
heart of a virtual bank may be housed in an office that serves as the legal address of
such a bank, or at some other location. Virtual banks may offer their customers the
ability to make deposits and withdraw funds via ATMs or other remote delivery
channels owned by other institutions. Broadly, the levels of banking services offered
i. The Basic Level Service is the banks‟ websites which disseminate information
1
Avlonitis, G. J. and P. Papastathopoulou (2000) “Marketing communications and product performance: innovative vs. non
innovative new retail financial products millennium,” International Journal of Bank Marketing , 18(1): 27-41.
2
Geyer J. (1997), “Adoption of e-Finance Research Note SPA-1200-101,” Gartner Group,
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ii. In the next level are Simple Transactional Websites which allow customers to
account balances, etc, but do not permit any fund-based transactions on their
accounts,
iii. The third level of Internet banking services are offered by Fully Transactional
Websites which allow the customers to operate on their accounts for transfer of
funds, payment of different bills, subscribing to other products of the bank and
The above forms of Internet banking services are offered by traditional banks, as an
additional method of serving the customer or by new banks, who deliver banking
services primarily through Internet or other electronic delivery channels as the value
added services. Some of these banks are known as ''virtual‟ banks or ''Internet-only‟
banks and may not have any physical presence in a country despite offering different
banking services. There is no denying the fact that information technology has been
the most rapidly changing industry in India, and the marriage of technology and
banking has to occur for India to keep pace with changes in the global scenario.
activities for nurturing vote banks, loss of accent on performance and profitability,
creation of unions etc to name a few. The Internet has revolutionized the computer and
communications world like nothing before. The invention of the telegraph, telephone,
radio, and computer set the stage for this unprecedented integration of capabilities.
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Though it began in the 1980s, it was only in the mid nineties that internet banking
really caught on. What attracts customers to internet banking is the round the clock
availability and ease of transactions. Studies estimate that internet banking still has a
long way to go. There are several banks that have customers who prefer banking in the
traditional ways. Statistics released by the FDIC show that only 40% of the banks in the
U.S. offer internet banking facilities worth mentioning. All the others may have an
online presence but do not have enough online transactions to justify their presence on
the internet.
ADVANTAGES
According to the Internet in India Report 2007 published jointly by the Internet and
Mobile Association of India and IMRB International, the number of internet users in
India in the ever user or claimed user category has touched 46 million in September
from 32.2 million in September 2006.3 During the same period, the number of active
internet users has reached 32 million. Through Internet banking, we can check our
transactions at any time of the day, and as many times as we want to. Where in a
traditional method, we get quarterly statements from the bank. If the fund transfer has
to be made outstation, where the bank does not have a branch, the bank would
demand outstation charges. Whereas with the help of online banking, it will be
absolutely free. From the perspective of banking products and services being offered
through Internet, Internet banking is nothing more than traditional banking services
process it has thrown open issues which have ramifications beyond what a new
delivery channel would normally envisage and, hence, has compelled regulators
3
Internet & Mobile Association of India (IAMAI)
4
Yerkes, L. (1998), “Growing with technology – The Benefits of Internet Banking,”
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world over to take note of this emerging channel. Some of the distinctive features of i-
banking are5:
customers of different countries / legal jurisdiction. This has raised the question
subjected,
with banking, heightening some of them and throwing new risk control
challenges,
3. It poses a strategic risk of loss of business to those banks who do not respond in
time, to this new technology, being the efficient and cost effective delivery
4. A new form of competition has emerged both from the existing players and
customers can be dealt with at once. There is no need to have too many clerks and
cashiers. The administrative work gets reduced drastically with Internet banking.
Expenditures on paper slips, forms and even bank stationery have gone down, which
helps raise the profit margin of the bank by a surprisingly large number. Rough
estimates assume teller cost at Re.1 per transaction, ATM transaction cost at 45 paise,
phone banking at 35 paise, debit cards at 20 paise and Internet banking at 10 paise per
transaction. Fully computerized banks, with better management of their customer base
are in a stronger position to cross-sell their products through this channel. As far as
customers are concerned, their account information is available round the clock,
5
Mishra, A. K. (2001), “Internet Banking in India,” BanknetIndia
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regardless of their location. They can reschedule their future payments from their bank
account while sitting thousands of miles away. They can electronically transfer money
from their bank accounts or receive money in their bank accounts within seconds. Bill
payment service One can facilitate payment of electricity and telephone bills, mobile
phone, credit card and insurance premium bills as each bank has tie-ups with various
utility companies, service providers and insurance companies, across the country. To
pay bills, all one need to do is complete a simple one-time registration for each biller.
One can also set up standing instructions online to pay his recurring bills,
automatically. Generally, the bank does not charge customers for online bill payment.
Fund transfer One can transfer any amount from one account to another of the same or
any another bank. Customers can send money anywhere in India. Once one login to
his account, he need to mention the payee's account number, his bank and the branch.
The transfer will take place in a day or so, whereas in a traditional method, it takes
Credit card customers With Internet banking, customers can not only pay their credit
card bills online but also get a loan on their cards. If one loses his credit card, he can
report lost card online. Investing through Internet banking One can now open an FD
online through funds transfer. 6 Now investors with interlinked demat account and
bank account can easily trade in the stock market and the amount will be
automatically debited from their respective bank accounts and the shares will be
credited in their demat account.7 Moreover, some banks even give one the facility to
purchase mutual funds directly from the online banking system. Nowadays, most
leading banks offer both online banking and demat account. However if one has his
demat account with independent share brokers, then he need to sign a special form,
6
Financial Times (2001), “Consumer credit – the new middle class mantra, a survey report,”
7
India Infoline (2000), “Electronic Fund transfer and clearing system,”
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which will link his two accounts. Shopping With a range of all kind of products, one
can shop online and the payment is also made conveniently through one's account.
One can also buy railway and air tickets through Internet banking.
RISKS
One of the biggest attractions of Internet as an electronic medium is its openness and
freedom. It is a public domain and there is no restriction on who can use it as long as
one adheres to its technical parameters. Internet is not an unmixed blessing to the
banking sector. Along with reduction in cost of transactions, it has also brought about
a new orientation to risks and even new forms of risks to which banks conducting i-
banking expose themselves.8 Regulators and supervisors all over the world are
concerned that while banks should remain efficient and cost effective, they must be
conscious of different types of risks this form of banking entails and have systems in
place to manage the same. An important and distinctive feature is that technology
plays a significant part both as source and tool for control of risks. Because of rapid
their control measures.9 Both evolve continuously. Operational risk, also referred to as
transactional risk is the most common form of risk associated with i-banking. It takes
intrusion to bank's systems and transactions etc. Such risks can arise out of weaknesses
employees, fraudulent activity of employees and crackers / hackers etc. can become
8
Denny, S. (2000), “The Electronic Commerce Challenge,” Journal of Internet Banking and Commerce
9
Jih, W. J., S. Y. Wong and T. B. Chang (2005) “Effects of perceived risks on adoption of Internet banking services: an empirical
investigation in Taiwan,” International Journal of E-Business Research, 1(1): 70-88.
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potential source of operational risk. Often there is thin line of difference between
operational risk and security risk and both terminologies are used interchangeably.
stores like accounting system, risk management system, portfolio management system,
etc. A breach of security could result in direct financial loss to the bank. For example,
hackers operating via the Internet, could access, retrieve and use confidential customer
information and also can implant virus. This may result in loss of data, theft of or
internal computer system thus denying service, cost of repairing these etc. Other
related risks are loss of reputation, infringing customers‟ privacy and its legal
to banks‟ system has become more complex in the Internet environment which is a
public domain and attempts at unauthorized access could emanate from any source
and from anywhere in the world with or without criminal intent. Attackers could be
therefore, necessary that banks critically assess all interrelated systems and have access
conducted remotely banks may find it difficult to apply traditional method for
laundering rules may also be inappropriate for some forms of electronic payments.
Thus banks expose themselves to the money laundering risk. This may result in legal
10
Hertzum, M., N.C. Juul, N. Jørgensen, and M. Nørgaard (2004), “Usable Security and E-Banking: Ease of Use vis-à-vis Security,”
Technical Report.
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Here are some precautions to follow while Internet banking to avoid misuse of their
accounts: One should log out from a bank's website using the set procedure especially
while working on a public computer or over a non secured wireless connection. Keep
changing the password at regular intervals. Try to memorize the username and
password for your Internet account instead of writing it. Never furnish any sensitive
hyperlink directed from a site and give any sensitive information. The growing fraud
in Internet banking can be checked if the regulatory agencies like the Reserve Bank of
India, service providers such as banks and ISPs, and customers themselves are more
alert. Laws have to be made stricter to ensure that banks comply with implementing
the necessary security systems and there is a need for stricter punishment for people
INDIAN POSITION
The Indian banks‟ record in Internet banking is nothing much to write about. Nearly
all banks operating in India offer Internet banking services, wherein every customer is
given a unique user name and password. Customers can use these details to log on to
their accounts to carry out any transaction. The bank keeps a record of all online
become a major problem. 11 The ICICI Bank kicked off online banking in 1996, followed
by a host of other banks. But even for the Internet as a whole, 1996 to 1998 marked the
adoption phase, while usage increased only in 1999, owing to lower ISP online
11
ibid 5
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the Public Sector Banks (PSUs) lagged in the race for adopting Internet banking
practices. While, among the PSUs, the State Bank of India took the lead, others are yet
regulations and procedures to go online. But, not many are willing to buy the
argument. More than a lack of regulatory framework, it is a lack of zeal and a mindset
attuned towards resisting any new technology that is holding back the nationalized
are several instances, which contradict the legal framework for internet banking in
India: Banking Regulations Act, 1949, the Reserve Bank of India Act, 1934 and the
regulatory issues. Many feel that grey areas still exist, which have neither been spelt
institutions. The IT Act of 2000 did address the need for banks to go online and have
laid out security measures to be adopted. However, one cannot say the aspirations of
the industry have been satisfactorily looked into. The Reserve Bank of India has taken
several initiatives in setting guidelines for internet banking, and reviews them at
periodic intervals. Most important, RBI approval was made mandatory for all banks
before offering any transactional services over the Internet. This was however shelved,
giving banks more autonomy on the online space, though ensuring at the same time,
that it would be strictly under the provisions of the RBI. 12 Earlier, the RBI had adopted
three thrust areas such as Technology and security issues, legal issues and regulatory
12
ibid 11
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A major problem for banks and Internet banking users, Phishing is an art of tricking
sensitive information like passwords and credit card details. The IT Act 2000, however,
does not specifically define phishing as an offence and thus the law enforcement
authorities have to take recourse to the generic provisions of cheating and criminal
breach of trust under the Indian Penal Code. Due to the lack of adequate legal
provisions for dealing with growing cyber crimes, banks are working towards
intimating net users about e-security. SMS alerts are used to inform customers
promptly about their online transactions. Banks have also put in place security
measures, as outlined by the Reserve Bank of India in its guidelines for Internet
banking.13 The guidelines talk about the risks associated with Internet banking,
technology and security standards, legal issues involved, and regulatory and
supervisory concerns. The RBI is empowered to audit the compliance of the Internet
banking policy outlined by it. The banks providing Internet banking service, at present
are only accepting the request for opening of accounts. The accounts are opened only
after proper physical introduction and verification. Considering the legal position
prevalent, particularly of Section 131 of the Negotiable Instruments Act, 1881 and
different case laws, the Group holds the view that there is an obligation on the banks
not only to establish the identity but also to make enquiries about integrity and
The Group, therefore, endorses the present practice but has suggested that after
coming in to force of the Information Technology Act, 2000 and digital certification
machinery being in place, it may be possible for the banks to rely on digital signature
13
Nair, A (1999), “Indian Internet banking still nascent,” Asia Internetnews, May 12th
14
Arora, Anjali(2000), “The lonely net-only banks,” The Standard, March 27
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of the introducer. The present legal regime does not set out the parameters as to the
procedure, which involves methods and devices like user-id, password, personal
identification number (PIN), code numbers and encryption etc., used to establish
In India, the Information Technology Act, 2000, in Section 3(2) provides for a particular
technology (viz., the asymmetric crypto system and hash function) as a means of
authenticating electronic record. This has raised the doubt whether the law would
recognize the existing methods used by banks as valid methods of authentication. The
Group holds the view that as in case of other countries, the law should be technology
neutral. In keeping with the view that law should be technology neutral, the Group
has recommended that Section 3(2) of the Information Technology Act, 2000 needs to
allowed to apply for a license to issue digital signature certificate under Section 21 of
the Information Technology Act, 2000 and function as certifying authority for
under clause (o) of Section 6(1) of the Banking Regulations Act, 1949. Section 40A(3) of
the Income Tax Act, 1961 recognizes only payments through a crossed cheque or
crossed bank draft, where such payment exceeds Rs. 20000/-, for the purpose of
15
ibid 13
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deductible expenses. Since the primary intention of the above provision, which is to
prevent tax evasion by ensuring transfer of funds through identified accounts, is also
satisfied in case of electronic transfer of funds between accounts, such transfers should
also be recognized under the above provision. The Income Tax Act, 1961 should be
scenario, the risk of banks not meeting the above obligation is high on account of
several factors like customers not being careful about their passwords, PIN and other
personal identification details and divulging the same to others, bank's sites being
hacked despite all precautions and information accessed by inadvertent finders. Banks
offering Internet banking are taking all reasonable security measures like SSL access,
128 bit encryption, firewalls and other net security devices, etc. The Group is of the
view that despite all reasonable precautions, banks will be exposed to enhanced risk of
hacking/ other technological failures. The banks should, therefore, institute adequate
risk control measures to manage such risk. In Internet banking scenario there is very
little scope for the banks to act on stop-payment instructions from the customers.
Hence, banks should clearly notify to the customers the timeframe and the
providing Internet banking service and customers availing of the same are currently
entering into agreements defining respective rights and liabilities in respect of Internet
adopted by banks may be designed by the Indian Banks‟ Association, which should
capture all essential conditions to be fulfilled by the banks, the customers and relative
rights and liabilities arising there from. This will help in standardizing documentation
as also develop standard practice among bankers offering Internet banking facility.
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The concern that Internet banking transactions may become a conduit for money
laundering, has been addressed by the Group. Such transactions are initiated and
records of transactions for certain prescribed period. The Banking Companies (Period
of Preservation of Records) Rules, 1985 also require banks to preserve certain records
for a period ranging between 5 to 8 years. The Group is of the view that these legal
provisions which are applicable to all banking transactions, whether Internet banking
or traditional banking, will adequately take care of this concern and no specific
measures for Internet banking is necessary. The Consumer Protection Act, 1986 defines
Currently, the rights and liabilities of customers availing of Internet banking services
are being determined by bilateral agreements between the banks and customers. It is
open to debate whether any bilateral agreement defining customers rights and
liabilities, which are adverse to consumers than what is enjoyed by them in the
traditional banking scenario will be legally tenable. 16 Considering the banking practice
and rights enjoyed by customers in traditional banking, it appears the banks providing
I-banking may not absolve themselves from liability to the customers on account of
unauthorized transfer through hacking. Similar position may obtain in case of denial
of service. Even though, The Information Technology Act, 2000 has provided for
penalty for denial of access to a computer system (Section-43) and hacking (Section –
66), the liability of banks in such situations is not clear. The Group was of the view that
the banks providing Internet banking may assess the risk and insure themselves
against such risks. The Information Technology Act, 2000, in Section 72 has provided
for penalty for breach of privacy and confidentiality. Further, Section 79 of the Act has
also provided for exclusion of liability of a network service provider for data traveling
16
ibid 14
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through their network subject to certain conditions. Thus, the liability of banks for
breach of privacy when data is traveling through network is not clear. This aspect
needs detailed legal examination. The issue of ownership of transactional data stored
The regulatory and supervisory framework for e-banking is continuing to evolve and
the regulatory authorities all over the world recognize the need for cooperative
approach in this area. The Basle Committee for Banking Supervision (BCBS) has
constituted an Electronic Banking Group (EBG) to develop guiding principles for the
recommends that the Reserve Bank of India should maintain close contact with
Banking Group of BCBS and review its regulatory framework in keeping with
command market share, banks are constantly vying for customers. Banking has
become a process of choice and convenience; better the service, customers tend to
bank, and vice-versa, and Internet Banking is vital for both the industry and the
customer. The future of banking would be in terms of integration, as people will have
less time for banking. People will want to process more transactions on the Internet.
There will be more activity in terms of applications and services on the mobile.
Geography will not be an inhibitor any more as everything is executable on the net.
CHALLENGES
protection. However, the present system of authentication does not address the
security aspect in full. This calls for an urgent need to acclimatize the whole system.
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customers' privacy and protection against fraud. Another major issue is that of Data
Protection and the need for a legal and regulatory framework. Information security in
e-banking presents two main areas of risk: preventing unauthorized transactions and
Data protection laws primarily aim to safeguard the interest of the individual whose
data is handled and processed by others. „Interests‟ are usually expressed in terms of
privacy, autonomy and/or integrity.17 The Internet and its underlying technologies will
change and transform not just banking, but also all aspects of finance and commerce. It
represents much more than a new distribution opportunity. It will enable nimble
players to leverage their brick and mortar presence to improve customer satisfaction
and gain share. It will force lethargic players who are struck with legacy cost basis, out
of business since they are unable to bring to play in the new context.
CONCLUSION
Internet banking is a facility that allows a person to access his bank accounts from
anywhere, using the Internet. While it offers the benefits of fast transactions, reduced
costs and anytime, anywhere facilities, it is also prone to certain hazards. For instance,
information. The misuse of Internet amounts to cyber-crime, and India too has been
witnessing a sharp increase in cyber-crimes in the recent years. The Cyber Law of
India, provided in the Information Technology Act, 2000, is, however, silent on
17
Denny, S. (2000), “The Electronic Commerce Challenge,” Journal of Internet Banking and Commerce, November
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BIBLIOGRAPHY
Books:
Gandy, T. (2014): “Banking in e-space”, The banker, 145 (838), pp. 74–76.
Tan, M.; Teo, T. S. (2016): “Factors influencing the adoption of Internet banking”,
Journal of the Association for Information Systems, 1 (5), pp. 1–42.
Article:
Cronin, Mary J. (2017). Banking and Finance on the Internet, John Wiley and Sons. pg
41.
Financial Times (2011), “Consumer credit – the new middle class mantra, a survey
report,”
Jih, W. J., S. Y. Wong and T. B. Chang (2015) “Effects of perceived risks on adoption of
Internet banking services: an empirical investigation in Taiwan,” International Journal
of E-Business Research, 1(1): 70-88.
Hertzum, M., N.C. Juul, N. Jørgensen, and M. Nørgaard (2014), “Usable Security and
E-Banking: Ease of Use vis-à-vis Security,” Technical Report.
2018 Page 20