Abstract

In the modern society based on the free market and private property, an important place has the banking system and banking operations and those on line, therefore the study and knowledge of this legal field in theoretical and practical terms is of particular interest in the Albanian reality. Today, when the Internet and the endless possibilities it offers constitute a considerable part of the civil and legal operations, the analysis of these relations about banking system and in particular the role of banks in the online contracts, serves the recognition and further development of reality itself. Using the Internet as an alternative to transmit customer instructions at the customers’ desk, to perform electronic funds transfers, it is one of the most visible aspects of internet banking. In this scientific paper they are addressed the key aspects that accompany the e-banking services, focusing in particular on the typical e-banking contracts and security in online banking operations. There have been provided in a summarized way, through a chronological and historical analysis, the main aspects of this relationship, its development and approach to judicial practice, as well as several theoretical and practical recommendations. DOI: 10.5901/mjss.2015.v6n4p266

Highlights

  • 1.1 Theoretical definition and understanding of e-banking nowadaysThe majority of banks are present on the Internet with an introductory page, which offers general information on the services it provides

  • Referring to the definition in the Oxford dictionary that states “E-banking includes all banking operations carried out via the Internet”1, it is noted that the definition is comprehensive, because as it can be imagined, the future of this service is borderless

  • In reference to Article 4 of this regulation, we find Albanian definition for e-banking, "E-banking is a distance service through electronic channels of distribution and communication, of products as well as of new and traditional banking services within the permitted activities for second level banks”

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Summary

Theoretical definition and understanding of e-banking nowadays

The majority of banks are present on the Internet with an introductory page, which offers general information on the services it provides. The Internet was a new way for the distribution of banking services Initial form of these online services, which needed a computer, modem and software, were presented at the end of 1980 (Mahmood Shah and Steve Clarke 2009). More sophisticated banking services provide consumers access to their accounts, the ability to move their money among different accounts, make payments or to apply for loans through electronic channels” Another author Apostolos Gkoutzinis in his book "Internet banking and the law in Europe" defines e-banking as: “Provision of banking services, startup and transfers of payments through the banking system through electronic systems and other advanced technologies of information”. The tools of information technology and computer networks have increased automation, speed and standardization in communication and internal management, enhancing customer convenience and functionality and reducing back-office and front desk costs (Allen Berger, 2003)

Albanian and European Legal Basis
The Development of E-Banking in the Albanian Reality
Licensing for performing e-banking operation
The applicable law and jurisdiction in cross-border e-banking contracts
Conclusions and Recommendations

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