Preventing fraud in crypto payments

When paying with a payment instrument in fiat currency within the EU, the transaction is covered by the PSD2, which provides prudent protection for payers and their payment instruments. When the transaction is instead executed in bitcoin, an unbacked crypto-asset, the transaction is not covered by a...

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Main Author: Louise Damkjær Christensen
Format: Article
Language:English
Published: Elsevier 2025-03-01
Series:Journal of Economic Criminology
Subjects:
Online Access:http://www.sciencedirect.com/science/article/pii/S2949791424000769
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author Louise Damkjær Christensen
author_facet Louise Damkjær Christensen
author_sort Louise Damkjær Christensen
collection DOAJ
description When paying with a payment instrument in fiat currency within the EU, the transaction is covered by the PSD2, which provides prudent protection for payers and their payment instruments. When the transaction is instead executed in bitcoin, an unbacked crypto-asset, the transaction is not covered by any EU regulation despite it being used as a method of payment for goods and other services. This leaves consumers in a bad position if their electronic wallet has been abused for fraudulent payments in unbacked crypto-assets as the victim bears the full loss and there is no option for rectification. Change is warranted around crypto payments as the current legal situation leaves consumers unprotected and vulnerable to digital economic crime. This article examines possible solutions to deter criminal activity in the crypto economy, and how to make financial regulation more adept to make crypto payments safer and protect payers in cases of payment fraud. The article concludes that crypto payment fraud is already criminalised in criminal legislation, but changes can be made in financial law to provide protection for the victims of crypto payment fraud.
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spelling doaj-art-701cf87b79a74be79412c78e97fd9d872025-01-08T04:53:53ZengElsevierJournal of Economic Criminology2949-79142025-03-017100124Preventing fraud in crypto paymentsLouise Damkjær Christensen0Department of Law, University of Southern Denmark, DenmarkWhen paying with a payment instrument in fiat currency within the EU, the transaction is covered by the PSD2, which provides prudent protection for payers and their payment instruments. When the transaction is instead executed in bitcoin, an unbacked crypto-asset, the transaction is not covered by any EU regulation despite it being used as a method of payment for goods and other services. This leaves consumers in a bad position if their electronic wallet has been abused for fraudulent payments in unbacked crypto-assets as the victim bears the full loss and there is no option for rectification. Change is warranted around crypto payments as the current legal situation leaves consumers unprotected and vulnerable to digital economic crime. This article examines possible solutions to deter criminal activity in the crypto economy, and how to make financial regulation more adept to make crypto payments safer and protect payers in cases of payment fraud. The article concludes that crypto payment fraud is already criminalised in criminal legislation, but changes can be made in financial law to provide protection for the victims of crypto payment fraud.http://www.sciencedirect.com/science/article/pii/S2949791424000769Crypto paymentsBitcoinCrypto economyPSD2Payment fraud
spellingShingle Louise Damkjær Christensen
Preventing fraud in crypto payments
Journal of Economic Criminology
Crypto payments
Bitcoin
Crypto economy
PSD2
Payment fraud
title Preventing fraud in crypto payments
title_full Preventing fraud in crypto payments
title_fullStr Preventing fraud in crypto payments
title_full_unstemmed Preventing fraud in crypto payments
title_short Preventing fraud in crypto payments
title_sort preventing fraud in crypto payments
topic Crypto payments
Bitcoin
Crypto economy
PSD2
Payment fraud
url http://www.sciencedirect.com/science/article/pii/S2949791424000769
work_keys_str_mv AT louisedamkjærchristensen preventingfraudincryptopayments