Online scam or card fraud in Spain: bank or insurer?

Scammed online or fraudulent card charges in Spain: does your bank or your home insurance pay?

A Black Friday bargain that looked too good, a text saying your parcel is being held, or a banking alert for a payment you don't recognise. If you live in Spain and your bank, your insurer and the rules are all new to you, the first question is simple: who gives you your money back?

Quick answer: if a payment was made on your card without your authorisation, your bank is first in line. Spanish law requires it to refund you by the end of the next working day after you report it, unless it has reasonable grounds to suspect fraud or can show gross negligence on your part. Home insurance generally won't refund money lost to an online scam. Some policies cover fraudulent card use, but usually only after a physical burglary, and some offer legal support if you've been scammed. Speed matters: report it straight away.

In this guide:

1. Work out what actually happened

2. What your Spanish bank must do

3. What to do in the first few hours

4. If the bank says it was your fault

5. What home insurance can cover

6. Shopping more safely

7. FAQs

Work out what actually happened

An unauthorised payment (operación no autorizada) is a charge you never agreed to: someone used your card or details without permission. This is where the law protects you most. If you made the payment yourself, even after being tricked, the route is different.

What your Spanish bank must do

The key law is Royal Decree-Law 19/2018 on payment services, which implements the EU's PSD2 rules, so it may feel familiar if you've banked elsewhere in the EU.

• Time limit: report it without undue delay once you notice and, in any event, within 13 months of the date of the debit.

• Refund: immediately and no later than the end of the next working day after you report it, unless the bank has reasonable grounds to suspect fraud and tells the Banco de España in writing.

• Burden of proof: if you deny authorising a payment, the bank must show it was properly authenticated and recorded. A record of the card being used isn't necessarily enough to prove you authorised it.

• Your share, €50 at most: if your card was lost or stolen, you may have to bear up to €50 of what happened before you reported it. After you report it, you owe nothing, unless you acted fraudulently.

• No strong authentication: if your bank didn't require it, you only bear losses if you acted fraudulently.

• Remote payments using only the printed card details: you aren't liable, provided there was no fraud or gross negligence and you reported it without delay.

The bank may give you a provisional credit while it investigates. It must tell you it's provisional, because the amount can be charged back if the payment turns out to be correct.

What to do in the first few hours

1. Block the card in your app or by phone, and change your online banking passwords from a trusted device.

2. Tell your bank in writing about each charge you don't recognise, and keep proof. Banks usually have a form for this.

3. File a police report (denuncia) with the Policía Nacional or Guardia Civil. Take screenshots, messages, the website address and your statements. If your Spanish is limited, ask whether an interpreter is available, or take someone with you.

4. Keep all evidence, and don't delete messages.

5. Call 017, the national cybersecurity helpline run by INCIBE, which handles scams and fraudulent online purchases.

6. If you have home insurance, call your agent. If there's been a burglary, report it promptly: the usual deadline is seven days.

If the shop was fake or the goods never came

If you paid by card, ask your bank for a chargeback (retrocesión del cargo). Spain's European Consumer Centre notes you can request one when goods aren't delivered or don't match the description. Bear in mind that it also says banks tend to help even though there's no legal obligation, and that this only works for card payments. With a genuine shop that's just running late, contact the seller first.

If the bank says it was your fault

With phishing, the usual reply is: "you gave away your details, that's gross negligence" (negligencia grave). If the bank proves it, you bear all the losses and the €50 cap doesn't apply. But the burden of proof is on the bank, and the outcome depends on how it happened: how convincing the scam was, what you were asked for and which security checks worked.

If you're refused:

1. Complain in writing to the bank's customer service department (Servicio de Atención al Cliente). It must reply within 15 working days (up to one month in exceptional cases), and you should ask for the documents proving authorisation.

2. If there's no reply or you disagree, go to the Banco de España's complaints service.

3. If the amount justifies it, consider speaking to a lawyer.

What home insurance can cover

A Spanish home policy protects your home and belongings. It isn't an online scam policy, and what's included varies. In the Completo and Superior levels of Allianz Hogar for a main residence, the relevant points are:

• Fraudulent card use: covered only as a result of a burglary involving force, such as someone breaking in and taking your wallet. The use must fall between 24 hours before and 48 hours after you report the theft to the card issuer, it mustn't be the issuer's responsibility, a police report is required and there's a sub-limit set by your contract. Phishing or a fake shop doesn't trigger this cover.

• Internet identity protection: if you've suffered identity theft or computer fraud, you get specialist advice on security steps, reporting it and drafting letters to companies or authorities. Court action is covered if the claim exceeds €150 and the accused lives in Spain and can be tried here, which is uncommon with scams run from abroad.

• Sale contract claims: includes claims against third parties who breach a sale contract affecting your household contents, which include appliances and computers. Whether it applies to your particular case needs checking.

The Estándar level doesn't include these benefits. For how Spanish policies draw these lines, see our guide to common Spanish insurance terms. You'll find more on our home insurance page.

Shopping more safely

Black Friday falls on 27 November this year. A few habits prevent most problems:

• Type the shop's address yourself instead of following links in texts, emails or ads.

• Be wary of urgency and of impossible prices.

• Read your bank's approval prompt carefully, checking the merchant and amount.

• Never give passwords or codes over the phone. Your bank won't ask for them.

• Pay by card rather than by transfer or Bizum to strangers, and turn on transaction alerts.

FAQs

Does home insurance in Spain cover online scams?

Generally it won't refund the money you lost. It may include advice and legal support. Fraudulent card cover is usually tied to a physical burglary, so check your policy.

Does my Spanish bank have to refund a fraudulent charge?

If the payment wasn't authorised, yes, by the end of the next working day after you report it. It may not do so if it has reasonable grounds to suspect fraud, and if it proves gross negligence on your part you'll bear the loss.

How long do I have to report a charge I don't recognise?

Report it without delay, within a maximum of 13 months from the debit date. The sooner the better.

Can I get back a Bizum sent to a scammer?

Tell your bank immediately and report it to the police, although it's harder if you sent it yourself. Chargebacks apply to card payments.

Do I need to report it to the police?

It's strongly advisable, and your bank may ask for it. A police report is usually essential if you claim for a burglary on your home insurance.

How we can help

If this has happened to you, call your bank first. After that, at AMB Seguros we'll go through your policy with you in English and explain which cover you can use, whether at our office in central Murcia or by WhatsApp and video call, wherever in Spain you live.

Want to know exactly what your home insurance covers?

Get in touch and we'll review it with no obligation.

Sources

• Royal Decree-Law 19/2018 on payment services (arts. 41, 43 to 46 and 69), BOE (in Spanish).

• What to do if you spot a payment you don't recognise, Banco de España (in Spanish).

• Refunds of card payments when there are problems with purchases, European Consumer Centre Spain (in Spanish).

• Your Help in Cybersecurity, 017, INCIBE.

• Allianz Hogar: general terms and conditions, Allianz Seguros.