china
Who is responsible for damage caused by hacked account in China?
<p>this is my father's problem but I will write in first person to make things easier. If this is not the right place to ask such a question please point me in the right direction, I am just looking for help. </p>

<p><strong>Short story:</strong> We were doing business with the Chinese company and their email was hacked. This led to us making a transfer for the 'wrong' account and loosing the money in the process. Are they (Chinese company) somewhat responsible for this, or is it 100% our fault, <strong>according to Chinese law</strong>?</p>

<p><strong>Long story:</strong>
We were doing business with the Chinese company, our firm is located in Poland. Since this is quite the distance, we hired additional, 3rd party guy in china (for many reasons, but one of them was increased security, or so we thought). Around a week ago, both the Chinese company and our guy got their email hacked by the same 'thieves' without them (and us obviously) noticing anything. They basically redirected communication between us and China, so every email went through them. They (in the name of the Chinese company) requested that the incoming money transfer should be made on their new account (different bank, but name of the company and people matched). So we contacted out guy in China to make sure everything is 'fine', but obviously He's account was hacked too so we basically talked with the same guy/s. Since this was a big transfer, and change of bank account raised our eyebrows a bit, we contacted the Chinese company through our second email, on their second email. As you probably guessed, it was hacked too. So we made the transfer, send them (thieves) confirmation of it, they photo-shopped it into correct data and sent it to the Chinese company, so we even got the response "We have the confirmation of your payment, we are starting to ship the goods" through the We-chat. </p>

<p>We realized something was wrong when after a week Chinese company asked as where is the money since we were not responding to their emails (obviously thieves were not letting them through).</p>

<p>I have to admit, they (thieves) did it perfectly in my opinion. They hacked two individual entities. when you look at the emails now you can tell that something might be wrong. Chinese company could have noticed it, since "new" emails started coming from <em>...@ourdomain.com</em>, and not from <em>...@ourdomain.pl</em>, as usually, but we also could have contacted them through other means of communication than email.</p>

<p><strong>My question is</strong>, is there any Chinese law that states the Chinese company is even in some part responsible for our loss? I know that in theory thieves are 100% responsible for this, but currently Chinese company's attitude is: <em>Well, it is your fault, you made the wrong transfer, you have to pay for the goods we sent</em>.</p>

<p>Thank you in advice for any help in our matter.</p>

<h2>You are</h2>

<p>Well, obviously, the scammers are but you aren’t going to catch them so your loss is your loss. You may want to check if any of your insurance policies cover being scammed.</p>

<p>It’s common business practice to verify all changes in banking details by telephone (using a known number, not one in an email) precisely to prevent this kind of scam. Sorry you had to learn this the hard way.</p>
