While cashless payments market is steadily increasing its range and gross value, it simultaneously poses new safety challenges. One of the most common offences over the last few years have been unathorised contactless payments that allow for the closing the transaction by touching the card to the terminal without the use of such measures as entering the PIN number, signing the receipt or passing the card through the scanner. While innovative payment technologies take over the market, therefore, it is expedient to search for efficient legal instruments by applicable interpretation of already existing regulations, involving the fitting legal qualification of illegal electronic transactions. The following article presents a discussion of the matter, preceded by an analysis of the question whether contactless payments inherently pre-empt electronic bank safety measures, and an overview of the technological aspects of contactless payments.