Skip to the text
headlesslaw
Search or jump to a citation
/
Definitions
PSD2 · contents
Recitals
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
Title I — Subject matter, scope and definitions
1
Subject matter
2
Scope
3
Exclusions
4
Definitions
Title II — Payment service providers
Chapter 1 — Payment institutions
Section 1 — General rules
5
Applications for authorisation
6
Control of the shareholding
7
Initial capital
8
Own funds
9
Calculation of own funds
10
Safeguarding requirements
11
Granting of authorisation
12
Communication of the decision
13
Withdrawal of authorisation
14
Registration in the home Member State
15
EBA register
16
Maintenance of authorisation
17
Accounting and statutory audit
18
Activities
Section 2 — Other requirements
19
Use of agents, branches or entities to which activities are outsourced
20
Liability
21
Record-keeping
Section 3 — Competent authorities and supervision
22
Designation of competent authorities
23
Supervision
24
Professional secrecy
25
Right to apply to the courts
26
Exchange of information
27
Settlement of disagreements between competent authorities of different Member States
28
Application to exercise the right of establishment and freedom to provide services
29
Supervision of payment institutions exercising the right of establishment and freedom to provide services
30
Measures in case of non-compliance, including precautionary measures
31
Reasons and communication
Section 4 — Exemption
32
Conditions
33
Account information service providers
34
Notification and information
Chapter 2 — Common provisions
35
Access to payment systems
35a
Conditions for requesting participation in designated payment systems
36
Access to accounts maintained with a credit institution
37
Prohibition of persons other than payment service providers from providing payment services and duty of notification
Title III — Transparency of conditions and information requirements for payment services
Chapter 1 — General rules
38
Scope
39
Other provisions in Union law
40
Charges for information
41
Burden of proof on information requirements
42
Derogation from information requirements for low-value payment instruments and electronic money
Chapter 2 — Single payment transactions
43
Scope
44
Prior general information
45
Information and conditions
46
Information for the payer and payee after the initiation of a payment order
47
Information for payer’s account servicing payment service provider in the event of a payment initiation service
48
Information for the payer after receipt of the payment order
49
Information for the payee after execution
Chapter 3 — Framework contracts
50
Scope
51
Prior general information
52
Information and conditions
53
Accessibility of information and conditions of the framework contract
54
Changes in conditions of the framework contract
55
Termination
56
Information before execution of individual payment transactions
57
Information for the payer on individual payment transactions
58
Information for the payee on individual payment transactions
Chapter 4 — Common provisions
59
Currency and currency conversion
60
Information on additional charges or reductions
Title IV — Rights and obligations in relation to the provision and use of payment services
Chapter 1 — Common provisions
61
Scope
62
Charges applicable
63
Derogation for low value payment instruments and electronic money
Chapter 2 — Authorisation of payment transactions
64
Consent and withdrawal of consent
65
Confirmation on the availability of funds
66
Rules on access to payment account in the case of payment initiation services
67
Rules on access to and use of payment account information in the case of account information services
68
Limits of the use of the payment instrument and of the access to payment accounts by payment service providers
69
Obligations of the payment service user in relation to payment instruments and personalised security credentials
70
Obligations of the payment service provider in relation to payment instruments
71
Notification and rectification of unauthorised or incorrectly executed payment transactions
72
Evidence on authentication and execution of payment transactions
73
Payment service provider’s liability for unauthorised payment transactions
74
Payer’s liability for unauthorised payment transactions
75
Payment transactions where the transaction amount is not known in advance
76
Refunds for payment transactions initiated by or through a payee
77
Requests for refunds for payment transactions initiated by or through a payee
Chapter 3 — Execution of payment transactions
Section 1 — Payment orders and amounts transferred
78
Receipt of payment orders
79
Refusal of payment orders
80
Irrevocability of a payment order
81
Amounts transferred and amounts received
Section 2 — Execution time and value date
82
Scope
83
Payment transactions to a payment account
84
Absence of payee’s payment account with the payment service provider
85
Cash placed on a payment account
86
National payment transactions
87
Value date and availability of funds
Section 3 — Liability
88
Incorrect unique identifiers
89
Payment service providers’ liability for non-execution, defective or late execution of payment transactions
90
Liability in the case of payment initiation services for non-execution, defective or late execution of payment transactions
91
Additional financial compensation
92
Right of recourse
93
Abnormal and unforeseeable circumstances
Chapter 4 — Data protection
94
Data protection
Chapter 5 — Operational and security risks and authentication
95
Management of operational and security risks
96
Incident reporting
97
Authentication
98
Regulatory technical standards on authentication and communication
Chapter 6 — ADR procedures for the settlement of disputes
Section 1 — Complaint procedures
99
Complaints
100
Competent authorities
Section 2 — ADR procedures and penalties
101
Dispute resolution
102
ADR procedures
103
Penalties
Title V — Delegated acts and regulatory technical standards
104
Delegated acts
105
Exercise of the delegation
106
Obligation to inform consumers of their rights
Title VI — Final provisions
107
Full harmonisation
108
Review clause
109
Transitional provision
110
Amendments to Directive 2002/65/EC
111
Amendments to Directive 2009/110/EC
112
Amendments to Regulation (EU) No 1093/2010
113
Amendment to Directive 2013/36/EU
114
Repeal
115
Transposition
116
Entry into force
117
Addresses
Annexes
I
PAYMENT SERVICES
II
CORRELATION TABLE
Guidelines
Financial services
Level 3
PSD2
Guidelines under PSD2, ordered by official identifier.
EBA/GL/2017/09
Guideline — Authorisation and registration under PSD2
Published