Model: IoannisKat1/modernbert-embed-base-legal-matryoshka-2
Author: IoannisKat1
Pipeline: sentence-similarity
Library: sentence-transformers
Tags: sentence-transformers, safetensors, modernbert, sentence-similarity, feature-extraction, generated_from_trainer, dataset_size:1580, loss:MatryoshkaLoss, loss:MultipleNegativesRankingLoss, en, arxiv:1908.10084, arxiv:2205.13147, arxiv:1705.00652, base_model:nomic-ai/modernbert-embed-base, base_model:finetune:nomic-ai/modernbert-embed-base, license:apache-2.0, model-index, text-embeddings-inference, endpoints_compatible, region:us
Base models (finetune): id: nomic-ai/modernbert-embed-base
Card metadata: language: en
license: apache-2.0
tags: sentence-transformers, sentence-similarity, feature-extraction, generated_from_trainer, dataset_size:1580, loss:MatryoshkaLoss, loss:MultipleNegativesRankingLoss
base_model: nomic-ai/modernbert-embed-base
widget: source_sentence: What is the role of John Doe?
sentences: **Court (Civil/Criminal): Civil**

**Provisions:**

**Time of commission of the act:**

**Outcome (not guilty, guilty):**

**Rationale:**

**Facts:**
The plaintiff holds credit card number ............ with the defendant banking corporation. Based on the application for alternative networks dated 19/7/2015 with number ......... submitted at a branch of the defendant, he was granted access to the electronic banking service (e-banking) to conduct banking transactions (debit, credit, updates, payments) remotely. On 30/11/2020, the plaintiff fell victim to electronic fraud through the "phishing" method, whereby an unknown perpetrator managed to withdraw a total amount of €3,121.75 from the aforementioned credit card. Specifically, the plaintiff received an email at 1:35 PM on 29/11/2020 from sender ...... with address ........, informing him that due to an impending system change, he needed to verify the mobile phone number linked to the credit card, urging him to complete the verification process within the next 24 hours by following a link titled ........; otherwise, his account would be locked for security reasons. The plaintiff read this email on the afternoon of 30 November 2020 and, believing it was from the defendant, followed the instructions and proceeded via the provided link to a website that was identical (a clone) to that of the defendant. On this page, he was asked to enter the six-digit security code (.........) that had just been sent to his mobile phone by the defendant at 3:41 PM, with the note that it was an activation code for his ........ card at ........., which he entered.

Subsequently, the plaintiff received, according to his statements, a new email (not submitted), which requested him to enter the details of the aforementioned credit card, specifically the name of the cardholder and the card number, not the PIN, which he also entered, convinced that he was within the online environment of the defendant. Then, at 3:47 PM, he received a message on his mobile phone from the defendant containing the exact same content as the one he received at 3:41 PM, while at 3:50 PM he received a message stating that the activation of his ......... card at ....... had been completed. Once the plaintiff read this, he became concerned that something was not right, and immediately called (at 4:41 PM) the defendant's call center to inform them. There, the employees, with whom he finally connected at 5:04 PM due to high call center volume, advised him to delete the relevant emails, cancel his credit card, change his access passwords for the service, and submit a dispute request regarding the conducted transactions. The plaintiff electronically sent this request to the defendant, disputing the detailed transactions amounting to €3,121.75, which were conducted on 30/11/2020 during the time frame of 16:37:45-16:43:34 PM, arguing that he had neither performed them himself nor authorized anyone else to do so. The plaintiff specifically disputed the following transactions, as evidenced by the account activity of the disputed credit card during the aforementioned timeframe: a) transaction number ......... amounting to €150.62 conducted on 30/11/2020 at 4:43:34 PM, b) transaction number ........ amounting to €293.20 conducted on 30/11/2020 at 4:42:40 PM, c) transaction number ............ amounting to €295.21 conducted on 30/11/2020 at 4:42:10 PM, d) transaction number .......... amounting to €299.22 conducted on 30/11/2020 at 4:41:31 PM, e) transaction number ........ amounting to €297.21 conducted on 30/11/2020 at 4:41:01 PM, f) transaction number ........ amounting to €299.22 conducted on 30/11/2020 at 4:40:27 PM, g) transaction number ....... amounting to €299.22 conducted on 30/11/2020 at 4:39:55 PM, h) transaction number ...... amounting to €299.22 conducted on 30/11/2020 at 4:39:22 PM, i) transaction number ......... amounting to €297.22 conducted on 30/11/2020 at 4:38:52 PM, j) transaction number ......... amounting to €295.21 conducted on 30/11/2020 at 4:38:17 PM, and k) transaction number ......... amounting to €296.21 conducted on 30/11/2020 at 4:37:45 PM. In its response letter dated 21/12/2020, the defendant denied responsibility for the costs of the aforementioned transactions, placing the entire blame on the plaintiff for the leak of his card details and security code to the fraudulent page. The plaintiff, completely denying any fault for the conducted transactions, repeatedly contacted the defendant, both by phone and via email (see emails dated 15/1/2021 and 11/2/2021), while on 2/3/2021, he electronically sent a report dated 1/03/2021 to the Consumer Advocate’s email address, recounting the events and requesting that the aforementioned Independent Authority intervene to have the disputed debt canceled. In its letter with reference number ...../27.04.2021, the aforementioned Independent Authority informed the plaintiff that the case was outside its mediating role and was therefore archived. Subsequently, the plaintiff sent the defendant on 5/3/2021 his extrajudicial statement dated 4/3/2021, calling upon it to fully cancel the debt of €3,121.75 that had been unjustly incurred against him within two days and to immediately instruct the representatives of the collection agency working with it to cease contacting him regarding the disputed case. The defendant sent the plaintiff a message on his mobile phone on 20/04/2021 informing him that his case was still being processed due to lengthy operational requirements, while on 23/04/2021, via email, it informed him that considering their good cooperation and his efforts to keep them updated, it had reviewed his case and decided to refund him the amounts of the transactions that were conducted after his contact with their representatives on 30/11/2020 at 4:41 PM, totaling €1,038.25, specifically the following: a) transaction of €150.62 conducted on 30/11/2020 at 4:43 PM, b) transaction of €295.21 conducted on 30/11/2020 at 4:42 PM, c) transaction of €293.20 conducted on 30/11/2020 at 4:42 PM, and d) transaction of €299.22 conducted on 30/11/2020 at 4:41 PM. Beyond this, the defendant refused to refund the plaintiff the amount of the remaining transactions conducted on 30/11/2020, totaling €2,376.08 (and not €2,376.48 as incorrectly stated by the plaintiff in his lawsuit), which the plaintiff ultimately fully paid, transferring €2,342.77 to the defendant on 7/06/2021 and €33.31 on 15/06/2021 (see related deposit receipts)., Any processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union should be carried out in accordance with this Regulation, regardless of whether the processing itself takes place within the Union. Establishment implies the effective and real exercise of activity through stable arrangements. The legal form of such arrangements, whether through a branch or a subsidiary with a legal personality, is not the determining factor in that respect. 4.5.2016 L 119/4 Official Journal of the European Union EN, 1.Each supervisory authority shall have all of the following investigative powers: (a)  to order the controller and the processor, and, where applicable, the controller's or the processor's representative to provide any information it requires for the performance of its tasks; (b)  to carry out investigations in the form of data protection audits; (c)  to carry out a review on certifications issued pursuant to Article 42(7); (d)  to notify the controller or the processor of an alleged infringement of this Regulation; (e)  to obtain, from the controller and the processor, access to all personal data and to all information necessary for the performance of its tasks; (f)  to obtain access to any premises of the controller and the processor, including to any data processing equipment and means, in accordance with Union or Member State procedural law.
2.Each supervisory authority shall have all of the following corrective powers: (a)  to issue warnings to a controller or processor that intended processing operations are likely to infringe provisions of this Regulation; (b)  to issue reprimands to a controller or a processor where processing operations have infringed provisions of this Regulation; (c)  to order the controller or the processor to comply with the data subject's requests to exercise his or her rights pursuant to this Regulation; 4.5.2016 L 119/69   (d)  to order the controller or processor to bring processing operations into compliance with the provisions of this Regulation, where appropriate, in a specified manner and within a specified period; (e)  to order the controller to communicate a personal data breach to the data subject; (f)  to impose a temporary or definitive limitation including a ban on processing; (g)  to order the rectification or erasure of personal data or restriction of processing pursuant to Articles 16, 17 and 18 and the notification of such actions to recipients to whom the personal data have been disclosed pursuant to Article 17(2) and Article 19; (h)  to withdraw a certification or to order the certification body to withdraw a certification issued pursuant to Articles 42 and 43, or to order the certification body not to issue certification if the requirements for the certification are not or are no longer met; (i)  to impose an administrative fine pursuant to Article 83, in addition to, or instead of measures referred to in this paragraph, depending on the circumstances of each individual case; (j)  to order the suspension of data flows to a recipient in a third country or to an international organisation.
3.Each supervisory authority shall have all of the following authorisation and advisory powers: (a)  to advise the controller in accordance with the prior consultation procedure referred to in Article 36; (b)  to issue, on its own initiative or on request, opinions to the national parliament, the Member State government or, in accordance with Member State law, to other institutions and bodies as well as to the public on any issue related to the protection of personal data; (c)  to authorise processing referred to in Article 36(5), if the law of the Member State requires such prior authorisation; (d)  to issue an opinion and approve draft codes of conduct pursuant to Article 40(5); (e)  to accredit certification bodies pursuant to Article 43; (f)  to issue certifications and approve criteria of certification in accordance with Article 42(5); (g)  to adopt standard data protection clauses referred to in Article 28(8) and in point (d) of Article 46(2); (h)  to authorise contractual clauses referred to in point (a) of Article 46(3); (i)  to authorise administrative arrangements referred to in point (b) of Article 46(3); (j)  to approve binding corporate rules pursuant to Article 47
4.The exercise of the powers conferred on the supervisory authority pursuant to this Article shall be subject to appropriate safeguards, including effective judicial remedy and due process, set out in Union and Member State law in accordance with the Charter.
5.Each Member State shall provide by law that its supervisory authority shall have the power to bring infringements of this Regulation to the attention of the judicial authorities and where appropriate, to commence or engage otherwise in legal proceedings, in order to enforce the provisions of this Regulation.
6.Each Member State may provide by law that its supervisory authority shall have additional powers to those referred to in paragraphs 1, 2 and 3. The exercise of those powers shall not impair the effective operation of Chapter VII., source_sentence: Who is the motion filed by?
sentences: 1.Processing shall be lawful only if and to the extent that at least one of the following applies: (a)  the data subject has given consent to the processing of his or her personal data for one or more specific purposes; (b)  processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; (c)  processing is necessary for compliance with a legal obligation to which the controller is subject; (d)  processing is necessary in order to protect the vital interests of the data subject or of another natural person; (e)  processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; (f)  processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.
2.Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation with regard to processing for compliance with points (c) and (e) of paragraph 1 by determining more precisely specific requirements for the processing and other measures to ensure lawful and fair processing including for other specific processing situations as provided for in Chapter IX.
3.The basis for the processing referred to in point (c) and (e) of paragraph 1 shall be laid down by: (a)  Union law; or (b)  Member State law to which the controller is subject. The purpose of the processing shall be determined in that legal basis or, as regards the processing referred to in point (e) of paragraph 1, shall be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. That legal basis may contain specific provisions to adapt the application of rules of this Regulation, inter alia: the general conditions governing the lawfulness of processing by the controller; the types of data which are subject to the processing; the data subjects concerned; the entities to, and the purposes for which, the personal data may be disclosed; the purpose limitation; storage periods; and processing operations and processing procedures, including measures to ensure lawful and fair processing such as those for other specific 4.5.2016 L 119/36   processing situations as provided for in Chapter IX. The Union or the Member State law shall meet an objective of public interest and be proportionate to the legitimate aim pursued.
4.Where the processing for a purpose other than that for which the personal data have been collected is not based on the data subject's consent or on a Union or Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard the objectives referred to in Article 23(1), the controller shall, in order to ascertain whether processing for another purpose is compatible with the purpose for which the personal data are initially collected, take into account, inter alia: (a)  any link between the purposes for which the personal data have been collected and the purposes of the intended further processing; (b)  the context in which the personal data have been collected, in particular regarding the relationship between data subjects and the controller; (c)  the nature of the personal data, in particular whether special categories of personal data are processed, pursuant to Article 9, or whether personal data related to criminal convictions and offences are processed, pursuant to Article 10; (d)  the possible consequences of the intended further processing for data subjects; (e)  the existence of appropriate safeguards, which may include encryption or pseudonymisation., Any person who, in contravention of the provisions of this law or of the provisions of lawfully ratified multilateral international conventions on the protection of copyright, unlawfully makes a fixation of a work or of copies, reproduces them directly or indirectly, temporarily or permanently in any form, in whole or in part, translates, adapts, alters or transforms them, or distributes them to the public by sale or other means, or possesses with the intent of distributing them, rents, performs in public, broadcasts by radio or television or any other means, communicates to the public works or copies by any means, imports copies of a work illegally produced abroad without the consent of the author and, in general, exploits works, reproductions or copies being the object of copyright or acts against the moral right of the author to decide freely on the publication and the presentation of his work to the public without additions or deletions, shall be liable to imprisonment of no less than a year and to a fine from 2.900-15.000 Euro.
Without the permission of the performers: fixes their performance; directly or indirectly, temporarily or permanently reproduces by any means and form, in whole or in part, the fixation of their performance; distributes to the public the fixation of their performance or possesses them with the purpose of distribution; rents the fixation of their performance; broadcasts by radio and television by any means, the live performance, unless such broadcasting is rebroadcasting of a legitimate broadcasting; communicates to the public the live performance made by any means, except radio and television broadcasting; makes available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, the fixation of their performance.
Without the permission of phonogram producers (producers of sound recordings): directly or indirectly, temporarily or permanently reproduces by any means and form, in whole or in part, their phonograms; distributes to the public the above recordings, or possesses them with the purpose of distribution; rents the said recordings; makes available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, their phonograms; imports the said recordings produced abroad without their consent.
Without the permission of producers of audiovisual works (producers of visual or sound and visual recordings): directly or indirectly, temporarily or permanently reproduces by any means and form, in whole or in part, the original and the copies of their films; distributes to the public the above recordings, including the copies thereof, or possesses them with the purpose of distribution; rents the said recordings; makes available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, the original and the copies of their films; imports the said recordings produced abroad without their consent; broadcasts by radio or television by any means including satellite transmission and cable retransmission, as well as the communication to the public.
Without the permission of radio and television organizations: rebroadcasts their broadcasts by any means; presents their broadcasts to the public in places accessible to the public against payment of an entrance fee; fixes their broadcasts on sound or sound and visual recordings, regardless of whether the broadcasts are transmitted by wire or by the air, including by cable or satellite; directly or indirectly, temporarily or permanently reproduces by any means and form, in whole or in part, the fixation of their broadcasts; distributes to the public the recordings containing the fixation or their broadcasts; rents the recordings containing the fixation of their broadcasts; makes available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, the fixation of their broadcasts.
If the financial gain sought or the damage caused by the perpetration of an act listed in paragraphs (1) and (2), above, is particularly great, the sanction shall be not less than two years imprisonment and a fine of from 2 to 10 million drachmas. If the guilty party has perpetrated any of the aforementioned acts by profession or at a commercial scale or if the circumstances in connection with the perpetration of the act indicate that the guilty party poses a serious threat to the protection of copyright or related rights, the sanction shall be imprisonment of up to ten (10) years and a fine of from 5 to 10 million drachmas, together with the withdrawal of the trading license of the undertaking which has served as the vehicle for the act. The act shall be likewise deemed to have been perpetrated by way of standard practice if the guilty party has on a previous occasion been convicted of a contravention pursuant to the provisions of the Article or for a violation of the preceding copyright legislation and sentenced to a non-redeemable period of imprisonment. Any infringement of copyright and related rights in the form of felony is tried by the competent Three-member Court of Appeal for Felonies.
Any person who did not pay the remuneration provided for by Article 18, paragraph (3) hereof to a collecting society is punished with the sanction of paragraph (1), (2) and (3). The same sentence is imposed on the debtor who, after the issuance of the decision of the one-member first instance court, does not submit the declaration under the provisions of article 18, par. 6, of this law.
The sanctions specified in paragraph (1), above, shall be applicable likewise to any person who: uses or distributes, or possesses with the intent to distribute, any system or means whose sole purpose is to facilitate the unpermitted removal or neutralization of a technical system used to protect a computer program; manufactures or imports or distributes, or possesses with intent to distribute, equipment and other materials utilizable for the reproduction of a work which do not conform to the specifications determined pursuant to Article 59 of this Law; manufactures or imports or distributes, or possesses with intent to distribute, objects which can thwart the efficacy of the above-mentioned specifications, or engages in an act which can have that result; reproduces or uses a work without utilizing the equipment or without applying the systems specified pursuant to Article 60 of this Law; distributes, or possesses with intent to distribute, a phonogram or film without the special mark or control label specified pursuant to Article 61 of this Law.
Where a sentence of imprisonment is imposed with the option of redeemability, the sum payable for the redemption shall be 10 times the sum specified as per the case in the Penal Code.
Where mitigating circumstances exist, the fine imposed shall not be less than half of the minimum fine imposable as per the case under this Law.
Any person who proceeds to authorized temporary or permanent reproduction of the database, translation, adaptation, arrangement and any other alteration of the database, distribution to the public of the database or of copies thereof, communication, display or performance of the database to the public, is punished by imprisonment of at least one (1) year and a fine of one (1) to five (5) million drachmas.
Any person who proceeds to extraction and/or re-utilization of the whole or of a substantial part of the contents of the database without the authorization of the author thereof, is punished by imprisonment of at least one (1) year and a fine of one (1) to five (5) million drachmas (article 12 of Directive 96/9).
When the object of the infringement refers to computer software, the culpable character of the action, as described in paragraph 1 of article 65A and under the prerequisites provided there, is raised under the condition that the infringer proceeds in the unreserved payment of the administrative fee and the infringement concerns a quantity of up to 50 programs.
When the object of infringement concerns recordings of sound in which a work protected by copyright law has been recorded, the unreserved payment of an administrative fee according to the stipulation of par.2 of article 65A and under the prerequisites provided there, the culpable character of the action is raised under the condition that the infringement concerns a quantity of up to five hundred (500) illegal sound recording carriers.
The payment of the administrative fee and the raising of the culpable character of the action, do not relieve the infringers from the duty of buying off the copyright and related rights or from the duty of compensating and paying the rest expenses to the holders of these rights, according to the provisions of the relevant laws.
In case of recidivism during the same financial year the administrative fee provided for by article 65A doubles.
, 1.Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited.
2.Paragraph 1 shall not apply if one of the following applies: (a)  the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject; (b)  processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject; (c)  processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent; (d)  processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects; (e)  processing relates to personal data which are manifestly made public by the data subject; (f)  processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity; (g)  processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject; (h)  processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3; (i)  processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; 4.5.2016 L 119/38   (j)  processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
3.Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies.
4.Member States may maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health., source_sentence: What time did the plaintiff receive the message on his mobile phone with the same content?
sentences: Court (Civil/Criminal): Civil  
Provisions:  
Time of commission: July 21, 2020  
Outcome (innocent, guilty): Partially accepts the lawsuit against the Bank.  
Reasoning: Alongside the bank's responsibility for the ineffective protection of its systems against the continually changing and evolving methods of deception that affect them, leading to financial damage for its clients who entrusted it, which constitutes a breach of its contractual obligations and generates contractual liability, there is also the personal responsibility of the plaintiff, who did not safeguard, as required, his sensitive banking information and disclosed it when he should not have, even though the message that misled him came from the context of an SMS conversation with the defendant, even if he was directed through the link to a website resembling that of the defendant, because he overlooked the relevant instructions and strict recommendations of the bank, violating his duty to safeguard them. Therefore, in light of the above, the court must partially accept the lawsuit regarding its substance, and with the defendant's objection regarding the plaintiff's fault being accepted at a rate of 1/6 of the damage suffered, it must be acknowledged – following the admissible and lawful modification of the lawsuit's request from a dismissive to a declaratory nature as proposed – the defendant's obligation to pay him the amount of €2,500, with legal interest, as specified in the operative part. Regarding the request to recognize the defendant's obligation to pay him €1,000 as compensation for the moral damage he suffered from the fraud committed against him, this is deemed dismissible as unfounded, because the defendant's liability is contractual and not tortious, and there are no special conditions justifying the treatment of this specific non-contractual behavior as tortious, making it possible to attribute moral damage to the plaintiff from the defendant.  
Facts: The plaintiff maintained a joint bank account with his wife and had access to the defendant bank's e-banking. On July 21, 2020, following successful identification via the agreed-upon credentials (userID, password, OTP), a request was made to change the mobile phone number for receiving OTPs, which was completed through the bank's platform. However, this change was not made by the plaintiff himself, but by a third party who had previously deceived him using the phishing method, obtaining his banking details through a misleading SMS. Following the phone number change, on July 31, 2020, a transfer of €3,000 was made to a third party's account. The transaction was conducted using the necessary credentials and OTP sent to the new mobile phone, resulting in the bank considering the order valid and executing it. Once the plaintiff realized the transfer, he immediately contacted the bank and informed them that he had not given such an order himself. Despite the initial assurance that the funds could be recovered, they were ultimately not returned, as they had been transferred to a third party's account, and the bank denied any responsibility for the loss., In order to strengthen the enforcement of the rules of this Regulation, penalties including administrative fines should be imposed for any infringement of this Regulation, in addition to, or instead of appropriate measures imposed by the supervisory authority pursuant to this Regulation. In a case of a minor infringement or if the fine likely to be imposed would constitute a disproportionate burden to a natural person, a reprimand may be issued instead of a fine. Due regard should however be given to the nature, gravity and duration of the infringement, the intentional character of the infringement, actions taken to mitigate the damage suffered, degree of responsibility or any relevant previous infringements, the manner in which the infringement became known to the supervisory authority, compliance with measures ordered against the controller or processor, adherence to a code of conduct and any other aggravating or mitigating factor. The imposition of penalties including administrative fines should be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the Charter, including effective judicial protection and due process., **Court (Civil/Criminal): Civil**

**Provisions:**

**Time of commission of the act:**

**Outcome (not guilty, guilty):**

**Rationale:**

**Facts:**
The plaintiff holds credit card number ............ with the defendant banking corporation. Based on the application for alternative networks dated 19/7/2015 with number ......... submitted at a branch of the defendant, he was granted access to the electronic banking service (e-banking) to conduct banking transactions (debit, credit, updates, payments) remotely. On 30/11/2020, the plaintiff fell victim to electronic fraud through the "phishing" method, whereby an unknown perpetrator managed to withdraw a total amount of €3,121.75 from the aforementioned credit card. Specifically, the plaintiff received an email at 1:35 PM on 29/11/2020 from sender ...... with address ........, informing him that due to an impending system change, he needed to verify the mobile phone number linked to the credit card, urging him to complete the verification process within the next 24 hours by following a link titled ........; otherwise, his account would be locked for security reasons. The plaintiff read this email on the afternoon of 30 November 2020 and, believing it was from the defendant, followed the instructions and proceeded via the provided link to a website that was identical (a clone) to that of the defendant. On this page, he was asked to enter the six-digit security code (.........) that had just been sent to his mobile phone by the defendant at 3:41 PM, with the note that it was an activation code for his ........ card at ........., which he entered.

Subsequently, the plaintiff received, according to his statements, a new email (not submitted), which requested him to enter the details of the aforementioned credit card, specifically the name of the cardholder and the card number, not the PIN, which he also entered, convinced that he was within the online environment of the defendant. Then, at 3:47 PM, he received a message on his mobile phone from the defendant containing the exact same content as the one he received at 3:41 PM, while at 3:50 PM he received a message stating that the activation of his ......... card at ....... had been completed. Once the plaintiff read this, he became concerned that something was not right, and immediately called (at 4:41 PM) the defendant's call center to inform them. There, the employees, with whom he finally connected at 5:04 PM due to high call center volume, advised him to delete the relevant emails, cancel his credit card, change his access passwords for the service, and submit a dispute request regarding the conducted transactions. The plaintiff electronically sent this request to the defendant, disputing the detailed transactions amounting to €3,121.75, which were conducted on 30/11/2020 during the time frame of 16:37:45-16:43:34 PM, arguing that he had neither performed them himself nor authorized anyone else to do so. The plaintiff specifically disputed the following transactions, as evidenced by the account activity of the disputed credit card during the aforementioned timeframe: a) transaction number ......... amounting to €150.62 conducted on 30/11/2020 at 4:43:34 PM, b) transaction number ........ amounting to €293.20 conducted on 30/11/2020 at 4:42:40 PM, c) transaction number ............ amounting to €295.21 conducted on 30/11/2020 at 4:42:10 PM, d) transaction number .......... amounting to €299.22 conducted on 30/11/2020 at 4:41:31 PM, e) transaction number ........ amounting to €297.21 conducted on 30/11/2020 at 4:41:01 PM, f) transaction number ........ amounting to €299.22 conducted on 30/11/2020 at 4:40:27 PM, g) transaction number ....... amounting to €299.22 conducted on 30/11/2020 at 4:39:55 PM, h) transaction number ...... amounting to €299.22 conducted on 30/11/2020 at 4:39:22 PM, i) transaction number ......... amounting to €297.22 conducted on 30/11/2020 at 4:38:52 PM, j) transaction number ......... amounting to €295.21 conducted on 30/11/2020 at 4:38:17 PM, and k) transaction number ......... amounting to €296.21 conducted on 30/11/2020 at 4:37:45 PM. In its response letter dated 21/12/2020, the defendant denied responsibility for the costs of the aforementioned transactions, placing the entire blame on the plaintiff for the leak of his card details and security code to the fraudulent page. The plaintiff, completely denying any fault for the conducted transactions, repeatedly contacted the defendant, both by phone and via email (see emails dated 15/1/2021 and 11/2/2021), while on 2/3/2021, he electronically sent a report dated 1/03/2021 to the Consumer Advocate’s email address, recounting the events and requesting that the aforementioned Independent Authority intervene to have the disputed debt canceled. In its letter with reference number ...../27.04.2021, the aforementioned Independent Authority informed the plaintiff that the case was outside its mediating role and was therefore archived. Subsequently, the plaintiff sent the defendant on 5/3/2021 his extrajudicial statement dated 4/3/2021, calling upon it to fully cancel the debt of €3,121.75 that had been unjustly incurred against him within two days and to immediately instruct the representatives of the collection agency working with it to cease contacting him regarding the disputed case. The defendant sent the plaintiff a message on his mobile phone on 20/04/2021 informing him that his case was still being processed due to lengthy operational requirements, while on 23/04/2021, via email, it informed him that considering their good cooperation and his efforts to keep them updated, it had reviewed his case and decided to refund him the amounts of the transactions that were conducted after his contact with their representatives on 30/11/2020 at 4:41 PM, totaling €1,038.25, specifically the following: a) transaction of €150.62 conducted on 30/11/2020 at 4:43 PM, b) transaction of €295.21 conducted on 30/11/2020 at 4:42 PM, c) transaction of €293.20 conducted on 30/11/2020 at 4:42 PM, and d) transaction of €299.22 conducted on 30/11/2020 at 4:41 PM. Beyond this, the defendant refused to refund the plaintiff the amount of the remaining transactions conducted on 30/11/2020, totaling €2,376.08 (and not €2,376.48 as incorrectly stated by the plaintiff in his lawsuit), which the plaintiff ultimately fully paid, transferring €2,342.77 to the defendant on 7/06/2021 and €33.31 on 15/06/2021 (see related deposit receipts)., source_sentence: Who shall provide an opinion on the draft code, amendment, or extension?
sentences: 1.The Board shall elect a chair and two deputy chairs from amongst its members by simple majority.
2.The term of office of the Chair and of the deputy chairs shall be five years and be renewable once. 4.5.2016 L 119/78, 1.Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child. Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years. 4.5.2016 L 119/37  
2.The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology.
3.Paragraph 1 shall not affect the general contract law of Member States such as the rules on the validity, formation or effect of a contract in relation to a child., 1.The Member States, the supervisory authorities, the Board and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Regulation, taking account of the specific features of the various processing sectors and the specific needs of micro, small and medium-sized enterprises.
2.Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: (a)  fair and transparent processing; 4.5.2016 L 119/56   (b)  the legitimate interests pursued by controllers in specific contexts; (c)  the collection of personal data; (d)  the pseudonymisation of personal data; (e)  the information provided to the public and to data subjects; (f)  the exercise of the rights of data subjects; (g)  the information provided to, and the protection of, children, and the manner in which the consent of the holders of parental responsibility over children is to be obtained; (h)  the measures and procedures referred to in Articles 24 and 25 and the measures to ensure security of processing referred to in Article 32; (i)  the notification of personal data breaches to supervisory authorities and the communication of such personal data breaches to data subjects; (j)  the transfer of personal data to third countries or international organisations; or (k)  out-of-court proceedings and other dispute resolution procedures for resolving disputes between controllers and data subjects with regard to processing, without prejudice to the rights of data subjects pursuant to Articles 77 and 79
3.In addition to adherence by controllers or processors subject to this Regulation, codes of conduct approved pursuant to paragraph 5 of this Article and having general validity pursuant to paragraph 9 of this Article may also be adhered to by controllers or processors that are not subject to this Regulation pursuant to Article 3 in order to provide appropriate safeguards within the framework of personal data transfers to third countries or international organisations under the terms referred to in point (e) of Article 46(2). Such controllers or processors shall make binding and enforceable commitments, via contractual or other legally binding instruments, to apply those appropriate safeguards including with regard to the rights of data subjects.
4.A code of conduct referred to in paragraph 2 of this Article shall contain mechanisms which enable the body referred to in Article 41(1) to carry out the mandatory monitoring of compliance with its provisions by the controllers or processors which undertake to apply it, without prejudice to the tasks and powers of supervisory authorities competent pursuant to Article 55 or 56
5.Associations and other bodies referred to in paragraph 2 of this Article which intend to prepare a code of conduct or to amend or extend an existing code shall submit the draft code, amendment or extension to the supervisory authority which is competent pursuant to Article 55. The supervisory authority shall provide an opinion on whether the draft code, amendment or extension complies with this Regulation and shall approve that draft code, amendment or extension if it finds that it provides sufficient appropriate safeguards.
6.Where the draft code, or amendment or extension is approved in accordance with paragraph 5, and where the code of conduct concerned does not relate to processing activities in several Member States, the supervisory authority shall register and publish the code.
7.Where a draft code of conduct relates to processing activities in several Member States, the supervisory authority which is competent pursuant to Article 55 shall, before approving the draft code, amendment or extension, submit it in the procedure referred to in Article 63 to the Board which shall provide an opinion on whether the draft code, amendment or extension complies with this Regulation or, in the situation referred to in paragraph 3 of this Article, provides appropriate safeguards.
8.Where the opinion referred to in paragraph 7 confirms that the draft code, amendment or extension complies with this Regulation, or, in the situation referred to in paragraph 3, provides appropriate safeguards, the Board shall submit its opinion to the Commission.
9.The Commission may, by way of implementing acts, decide that the approved code of conduct, amendment or extension submitted to it pursuant to paragraph 8 of this Article have general validity within the Union. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 93(2)
10.The Commission shall ensure appropriate publicity for the approved codes which have been decided as having general validity in accordance with paragraph
11.The Board shall collate all approved codes of conduct, amendments and extensions in a register and shall make them publicly available by way of appropriate means., source_sentence: When did the plaintiff contact the bank after realizing the transfer?
sentences: Everyone who obtains access to data recorded in a computer or in the external memory of a computer or transmitted by telecommunication systems shall be punished with imprisonment for up to six months or by a fine from 29 to 15,000 Euro, under the condition that these acts have been committed without right, especially in violation of prohibitions or of security measures taken by the legal holder. If the act concerns the international relations or the security of the State, he shall be punished according to Article 148.
If the offender is in the service of the legal holder of the data, the act of the preceding paragraph shall be punished only if it has been explicitly prohibited by internal regulations or by a written decision of the holder or of a competent employee of his.
, Court (Civil/Criminal): Civil  
Provisions:  
Time of commission: July 21, 2020  
Outcome (innocent, guilty): Partially accepts the lawsuit against the Bank.  
Reasoning: Alongside the bank's responsibility for the ineffective protection of its systems against the continually changing and evolving methods of deception that affect them, leading to financial damage for its clients who entrusted it, which constitutes a breach of its contractual obligations and generates contractual liability, there is also the personal responsibility of the plaintiff, who did not safeguard, as required, his sensitive banking information and disclosed it when he should not have, even though the message that misled him came from the context of an SMS conversation with the defendant, even if he was directed through the link to a website resembling that of the defendant, because he overlooked the relevant instructions and strict recommendations of the bank, violating his duty to safeguard them. Therefore, in light of the above, the court must partially accept the lawsuit regarding its substance, and with the defendant's objection regarding the plaintiff's fault being accepted at a rate of 1/6 of the damage suffered, it must be acknowledged – following the admissible and lawful modification of the lawsuit's request from a dismissive to a declaratory nature as proposed – the defendant's obligation to pay him the amount of €2,500, with legal interest, as specified in the operative part. Regarding the request to recognize the defendant's obligation to pay him €1,000 as compensation for the moral damage he suffered from the fraud committed against him, this is deemed dismissible as unfounded, because the defendant's liability is contractual and not tortious, and there are no special conditions justifying the treatment of this specific non-contractual behavior as tortious, making it possible to attribute moral damage to the plaintiff from the defendant.  
Facts: The plaintiff maintained a joint bank account with his wife and had access to the defendant bank's e-banking. On July 21, 2020, following successful identification via the agreed-upon credentials (userID, password, OTP), a request was made to change the mobile phone number for receiving OTPs, which was completed through the bank's platform. However, this change was not made by the plaintiff himself, but by a third party who had previously deceived him using the phishing method, obtaining his banking details through a misleading SMS. Following the phone number change, on July 31, 2020, a transfer of €3,000 was made to a third party's account. The transaction was conducted using the necessary credentials and OTP sent to the new mobile phone, resulting in the bank considering the order valid and executing it. Once the plaintiff realized the transfer, he immediately contacted the bank and informed them that he had not given such an order himself. Despite the initial assurance that the funds could be recovered, they were ultimately not returned, as they had been transferred to a third party's account, and the bank denied any responsibility for the loss., In order to ensure consistent monitoring and enforcement of this Regulation throughout the Union, the supervisory authorities should have in each Member State the same tasks and effective powers, including powers of investigation, corrective powers and sanctions, and authorisation and advisory powers, in particular in cases of complaints from natural persons, and without prejudice to the powers of prosecutorial authorities under Member State law, to bring infringements of this Regulation to the attention of the judicial authorities and engage in legal proceedings. Such powers should also include the power to impose a temporary or definitive limitation, including a ban, on processing. Member States may specify other tasks related to the protection of personal data under this Regulation. The powers of supervisory authorities should be exercised in accordance with appropriate procedural safeguards set out in Union and Member State law, impartially, fairly and within a reasonable time. In particular each measure should be appropriate, necessary and proportionate in view of ensuring compliance with this Regulation, taking into account the circumstances of each individual case, respect the right of every person to be heard before any individual measure which would affect him or her adversely is taken and avoid superfluous costs and excessive inconveniences for the persons concerned. Investigatory powers as regards access to premises should be exercised in accordance with specific requirements in Member State procedural law, such as the requirement to obtain a prior judicial authorisation. Each legally binding measure of the supervisory authority should be in writing, be clear and unambiguous, indicate the supervisory authority which has issued the measure, the date of issue of the measure, bear the signature of the head, or a member of the supervisory authority authorised by him or her, give the reasons for the measure, and refer to the right of an effective remedy. This should not preclude additional requirements pursuant to Member State procedural law. The adoption of a legally binding decision implies that it may give rise to judicial review in the Member State of the supervisory authority that adopted the decision.
pipeline_tag: sentence-similarity
library_name: sentence-transformers
metrics: cosine_accuracy@1, cosine_accuracy@3, cosine_accuracy@5, cosine_accuracy@10, cosine_precision@1, cosine_precision@3, cosine_precision@5, cosine_precision@10, cosine_recall@1, cosine_recall@3, cosine_recall@5, cosine_recall@10, cosine_ndcg@10, cosine_mrr@10, cosine_map@100
model-index: name: ModernBERT Embed base Legal Matryoshka
results: task: type: information-retrieval
name: Information Retrieval
dataset: name: dim 768
type: dim_768
metrics: type: cosine_accuracy@1
value: 0.5277777777777778
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verified: no, type: cosine_accuracy@3
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name: Cosine Accuracy@3
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name: Cosine Accuracy@5
verified: no, type: cosine_accuracy@10
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name: Cosine Accuracy@10
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name: Cosine Precision@1
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value: 0.5143097643097643
name: Cosine Precision@3
verified: no, type: cosine_precision@5
value: 0.4883838383838385
name: Cosine Precision@5
verified: no, type: cosine_precision@10
value: 0.4292929292929293
name: Cosine Precision@10
verified: no, type: cosine_recall@1
value: 0.10803948553131258
name: Cosine Recall@1
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name: Cosine Recall@3
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value: 0.5663610309443642
name: Cosine Mrr@10
verified: no, type: cosine_map@100
value: 0.654091876828032
name: Cosine Map@100
verified: no, task: type: information-retrieval
name: Information Retrieval
dataset: name: dim 512
type: dim_512
metrics: type: cosine_accuracy@1
value: 0.5151515151515151
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name: Cosine Accuracy@5
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name: Cosine Accuracy@10
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name: Cosine Precision@1
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name: Cosine Mrr@10
verified: no, type: cosine_map@100
value: 0.6420041219668755
name: Cosine Map@100
verified: no, task: type: information-retrieval
name: Information Retrieval
dataset: name: dim 256
type: dim_256
metrics: type: cosine_accuracy@1
value: 0.5
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value: 0.5555555555555556
name: Cosine Accuracy@3
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verified: no, type: cosine_map@100
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verified: no, task: type: information-retrieval
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dataset: name: dim 128
type: dim_128
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verified: no, type: cosine_map@100
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dataset: name: dim 64
type: dim_64
metrics: type: cosine_accuracy@1
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verified: no
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Created: 2025-07-12 21:32:25