Why was the bank card stolen when it was not lost?

Bank cards will be stolen, largely because the embedded chip on the card contains personal information, so once the information is stolen by others, it is likely that the card will be stolen. Some small shops may collude with criminals. When a customer swipes a card on a POS machine, he steals the information of the card through tools, and then forges a bank card to steal it. Also, sometimes when you click on some unknown links, your personal identity information may be stolen by the jumping informal website, and then your bank card will be stolen through the network. If the bank card is accidentally lost and picked up by others, it may also be stolen. Especially now, some cards have opened the small secret payment-free function, and you can pay directly by swiping your card without a password. So I suggest you keep your bank card safe and don't give it to others casually. If you find that your bank card has been stolen, you must contact the bank in time and report it to the local public security.

First, the money stuck in the body is gone, and the bank is fully responsible. As a professional financial institution that issues bank cards, banks have the obligation to ensure the safety of depositors' deposits. Because banks neglect to maintain the security management of bank cards and ATMs, their ATMs can't identify fake cards, which leads to the loss of funds in depositors' bank cards. Banks should be liable for breach of contract and compensate depositors for all economic losses.

Second, in the process of consumption, the clerk steals the card information, so that the bank card is stolen: for depositors, the card is normally swiped at the corresponding consumption place, but the bank card information and password are maliciously stolen by criminal suspects. At this point, the fault of bank card information and password theft should be attributed to the negligence of business management, and the depositor himself is not at fault. According to the principle of relativity of contract, even if the third party breaches the contract, the parties to the contract, that is, the bank, should bear the liability for breach of contract, that is, the bank should bear all the responsibilities for the losses caused by its wrong payment. Of course, after the defendant compensates for the loss, he has the right to ask the relevant responsible party to bear the corresponding responsibility for his loss.

Third, giving the bank card to someone you are familiar with leads to theft: there is a legal and effective contractual relationship between the depositor and the bank. Banks should ensure that the legitimate rights and interests of depositors are not infringed. The depositor's careless custody of the bank account information and password, and the bank's security system can't correctly identify the fake card, resulting in the theft of the deposit, both parties should bear corresponding civil liabilities. The deposit in the depositor's account was taken away with a fake card, mainly because the bank failed to fulfill its obligation to protect the depositor's deposit and transaction and failed to identify the fake card. The bank has a major fault in the theft of depositors' deposits and should bear the liability for breach of contract. However, the suspect needs to obtain the account information in the card when making a fake card, and also needs a password to withdraw money from the ATM. The depositor's bank card password is set by the depositor himself, and he is also obliged to properly keep account information such as bank card and password. The depositor gave the bank card and password to someone he knew very well, which violated the agreement between the depositor and the bank that the bank card should not be transferred or lent. The failure of depositors to properly keep bank account information and passwords is also one of the reasons why bank cards are cloned. Therefore, depositors should also bear corresponding responsibilities.

Four. Legal basis: Measures for the Administration of Electronic Banking

Article 89 When providing electronic banking services, financial institutions shall bear corresponding responsibilities for losses caused by non-customer reasons, such as potential safety hazards in the electronic banking system and illegal operation in the financial institutions.