Online scam is increasing and becoming more sophisticated. Whether you are a victim of phishing, credit card fraud, a fake website, or identity theft, it is essential to know your rights, the steps to take, and the possible legal remedies.
Also, check out our article on crypto scams for more information.
Definition of an online scam
An online scam refers to any fraudulent scheme using the internet to deceive a person in order to gain an advantage, often financial. These scams come in many forms:
- Phishing: fraudulent emails or text messages impersonating official institutions to collect your data.
- Fake websites: non-existent online stores that never deliver the products.
- Credit card fraud: unauthorized charges after an online purchase.
- Romance scams or “love scams” on social networks or dating apps.
- Identity theft.
Who is liable for online scams?
Online scams are criminal offenses and may fall under the following legal classifications:
- Fraud
- Unauthorized access to a computer or personal account
- Identity theft
- Breach of trust, forgery and use of forged documents, etc.
Victims can file a complaint against known or unknown perpetrators (against X) and seek compensation for the damage suffered (financial, emotional, privacy breaches, etc.).
What are your remedies in case of an online scam?
Here are the main steps to take if you have been a victim of online fraud:
Step 1: preserve evidence
First, carefully preserve all evidence: screenshots, email or SMS exchanges, order confirmations, payment receipts. Each of these can serve as key evidence before a court or competent authority.
Step 2: report the scam
Secondly, report the scammer to the relevant data protection authority if personal data was misused, and to your bank in case of fraudulent financial transactions.
Step 3: file a complaint
You can file a formal complaint:
- With the police
- With the public prosecutor
- With the Court of First Instance (investigating judge)
We strongly recommend preparing a solid and well-documented case file, including a detailed presentation of the facts, precise legal arguments, a complete list of supporting documents, and a clear, well-founded petition.
The complaint must be carefully structured, both in content and form, to maximize its effectiveness before the competent authorities. For more information, see our article “How to deal with scam and recover your funds.“
Step 4: Initiate civil or criminal proceedings
Depending on the case, you may:
- Request reimbursement of improperly withdrawn funds
- Claim damages for the harm suffered
- Request removal of illegal content or the closure of the fraudulent website
Liability of platforms and intermediaries
In some cases, the hosting platform, social network, or payment intermediary (e.g., PayPal, Stripe) may be held liable for online misconduct.
For instance, if they failed in their duty to monitor or moderate, or if the intermediary did not comply with its due diligence obligations in cases of online theft, particularly concerning anti-money laundering or fraud prevention.
Social media scams: who is responsible?
Instagram, Facebook, TikTok, or WhatsApp are frequently used to promote fraudulent offers or manipulate victims. These platforms bear increasing responsibility due to:
- The obligation to promptly report and remove illegal content
- The possibility of civil liability if they fail in their moderation duties
- Options to assert your rights through internal reporting systems or formal legal notices, if necessary
What if the scammer is based abroad?
Online scam often involve perpetrators or platforms outside the EU. However, it is still possible to:
- File a complaint if you reside in Europe or if the scam targeted you within European territory
- Contact EU authorities, such as the European Consumer Centre (ECC) or OLAF, in cases involving public funds
- Use international judicial cooperation tools like the european arrest warrant or INTERPOL
What If your business is the victim of an online scam?
SMEs are also frequent targets: fake invoices, hacked business emails, fake clients, online scams, etc. In such cases, you should:
- Freeze suspicious transactions
- Inform financial or commercial partners
- File a complaint and secure internal systems
- Investigate liability of the perpetrator, IT provider, or the platform used
Online scam and EU law: what protections are there?
EU law includes several instruments to strengthen consumer protection online, such as:
- Consumer Rights Directive (2011/83/EU): right of withdrawal, duty to inform, transparency
- Digital Services Act (DSA): obligation for platforms to remove illegal content and cooperate with authorities
- eIDAS Regulation: security for online transactions and electronic identification
These standards apply across the EU and also protect European consumers from foreign platforms targeting the EU market.
The role of insurance in covering the loss
Some home, banking, or professional insurance policies offer coverage against online fraud. For example:
- Reimbursement of lost funds (under certain conditions)
- Legal and psychological support
- Assistance in data recovery or device security
Class actions: a solution for victims?
In large-scale scams involving major platforms, a class action may be considered. Consumer associations or specialized law firms can initiate proceedings on behalf of a group of victims with a shared loss.
Why choose Arthur & Marin?
Dealing with online scams can be complex, especially if the perpetrator is abroad or if technical evidence is involved (IP tracking, cryptocurrencies, fake accounts, etc.). Our lawyers can help you:
- Identify the perpetrators
- Compile a strong case with supporting documents
- Draft a formal complaint and initiate appropriate legal actions (civil, criminal, administrative)
- Recover your funds or obtain compensation
Arthur & Marin, based in Brussels, regularly handles cases involving online fraud, cybercrime, digital litigation, and consumer protection.
Contact our law firm specialized in legal remedies against online scams for a free case assessment. We act quickly and effectively to defend your rights.
