Phone bill over € 10.000 due to hacker attacks

The telecommunications operator must take the necessary measures to prevent hacker attacks as part of his due diligence obligations. The risk of such an attack is controllable by the telecommunications service provider. It would have been easy to set up a fee monitoring system and a corresponding warning system for the customers. The defendant customer, on the other hand, did not have any opportunity to prevent the risk of a hacker attack. Consequently, he has not to pay the service rendered under the breach of due diligence obligations. [OGH 15.06.2016, 4 Ob 30/16i]