Misuse of Contactless Payment Cards with Radio-Frequency Identification

Abstract

Counterfeiting of means of payment is one of European crimes. The Treaty on the Functioning of the European Union lists counterfeiting of means of payment as one of the areas of particularly serious crime with a cross-border dimension. At the European Union level a brand-new legislative instrument harmonising counterfeiting of means of payment has been adopted – the Directive (EU) 2019/713 on combating fraud and counterfeiting of non-cash means of payment. This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the areas of fraud and counterfeiting of non-cash means of payment. Moreover, it facilitates the prevention of such offences, and the provision of assistance to and support for victims. The Directive is addressed to the Member States of the European Union. They shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31st May 2021.The contribution deals with criminalisation of the misuse of contactless payment cards with Radio-Frequency Identification (RFID) technology. It is divided into three sections. The first section focuses on definition of Radio-Frequency Identification and payment cards with Radio-Frequency Identification. The second section focuses in detail on a new European Union approach to combat counterfeiting of means of payment addressed to its Member States – i.e. the Directive (EU) 2019/713 on combating fraud and counterfeiting of non-cash means of payment. The last third section is focused on non-legislative prevention possibilities.