{"id":103900,"date":"2026-10-31T10:00:00","date_gmt":"2026-10-31T09:00:00","guid":{"rendered":"https:\/\/ru.law\/?p=kryptoboerse-gehackt-wer-haftet"},"modified":"2026-10-30T07:16:23","modified_gmt":"2026-10-30T06:16:23","slug":"kryptoboerse-gehackt-wer-haftet","status":"publish","type":"post","link":"https:\/\/ru.law\/en\/kryptoboerse-gehackt-wer-haftet\/","title":{"rendered":"Crypto exchange hacked \u2013 who is liable and how investors can protect themselves"},"content":{"rendered":"

What the Binance hack reveals about the risks of cryptocurrency exchanges and how investors can protect themselves.<\/h3>\n\n\n\n

When a cryptocurrency exchange is hacked, the immediate question for customers is: Who bears the loss? The attack on Binance, which resulted in losses of approximately $6.3 billion, demonstrates the magnitude of the risks. Rogert & Ulbrich explains who is liable, where the limits lie, and how you can protect yourself from fraudsters who exploit such hacks.<\/p>\n\n\n\n

Principle: The stock exchange is liable to its customers.<\/h2>\n\n\n\n

Anyone holding cryptocurrencies on an exchange entrusts them to the exchange for safekeeping. The exchange is contractually obligated to keep the assets secure and release them upon request. If it is hacked, that is initially the exchange's problem, not the customers'.<\/p>\n\n\n\n

If losses occur because the stock exchange failed to adequately protect its systems, claims for damages due to breach of duty may be considered. In this case Binance<\/a> The stock exchange has already announced that it will cover all losses from its own funds.<\/p>\n\n\n\n

The situation is different if not the stock exchange, but an individual customer's account is hacked, for example because login credentials were stolen via a fake website. Then it depends on whether the stock exchange violated its security obligations or whether the customer acted carelessly.<\/p>\n\n\n\n

Have you lost money on a cryptocurrency exchange? Have it checked whether the exchange is liable.<\/p>\n\n\n\n

The risk: If the stock market cannot bear the damage<\/h2>\n\n\n\n

A liability guarantee is only as valuable as the financial strength of the person issuing it. Even an exchange can run into trouble in the event of very large losses. This was demonstrated by the collapse of the FTX exchange in 2022, where customers did not receive their funds back for a considerable time.<\/p>\n\n\n\n

For euro balances with regulated providers, there are obligations to keep customer funds separate. For crypto assets, the European MiCA regulation has required since the end of 2024 that crypto service providers keep their customers' assets separate from their own. However, unlike bank accounts, crypto exchanges are not covered by statutory deposit insurance.<\/p>\n\n\n\n

Therefore, it is important to know which company you have entered into a contract with, which supervisory authority is responsible for it, and where your assets actually lie.<\/p>\n\n\n\n

Check which provider holds your assets and under which legal system. In a crisis, this will determine your chances of success.<\/p>\n\n\n\n

The second wave: Fraud after the hack<\/h2>\n\n\n\n

Major hacks are almost always followed by fraudulent schemes. Criminals deliberately exploit customers' uncertainty. Typical examples include:<\/p>\n\n\n\n