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Topic: Payment Services

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EBA consults on the draft guidelines on the limited network exclusion under the PSD2

On 15 July 2021, the European Banking Authority (EBA) issued a consultation paper on draft guidelines that set out its view on the application of the limited network exclusion requirements, which certain payment instruments might benefit from, as laid down in the revised Payment Services Directive (PSD2). Article 3(k) of the PSD2 specifies that the … Continue Reading

The Payment and Electronic Money Institution Insolvency Regulations 2021

On 17 June 2021, there was published on the legislation.gov.uk website The Payment and Electronic Money Institution Insolvency Regulations 2021 together with an explanatory memorandum. The Regulations provide for a new special administration regime for payment and electronic money institutions. The new regime will give insolvency practitioners administering the insolvencies of payment or electronic money … Continue Reading

EBA report on the data provided by PSPs on their readiness to apply SCA for e-commerce card-based payment transactions

On 11 June 2021, the European Banking Authority (EBA) issued a report on the data provided by payment service providers (PSPs) on their readiness to apply strong customer authentication (SCA) for the subset of payment transactions that are e-commerce card-based payment transactions. The report highlights the status of issuing and acquiring PSPs in enrolling online … Continue Reading

EBA publishes final revised guidelines on major incident reporting under PSD2

On 10 June 2021, the European Banking Authority (EBA) published revised guidelines on major incident reporting under the revised Payment Services Directive (PSD2). The revised guidelines optimise and simplify the reporting process and templates, focus on incidents with significant impact on payment service providers and improve the meaningfulness of the information to be reported. The … Continue Reading

FSB seeks feedback on its proposals for quantitative targets for enhancing cross-border payments

On 31 May 2021, the Financial Stability Board (FSB) issued a consultative document regarding targets for addressing the four challenges of cross-border payments – cost, speed, transparency and access. The FSB explains that these targets are a foundational step in the G20 Roadmap for Enhancing Cross-border Payments. The consultative document: (i) describes the principles, and … Continue Reading

PSR seeks views on next steps for all banks to deliver confirmation of payee

On 21 May 2021, the Payment Systems Regulator (PSR) published a call for views on the second phase of delivering confirmation of payee (CoP), which is a name-checking service designed to prevent authorised push payment scams and misdirected payments. The PSR is keen to move on to the second phase, which aims to enable further … Continue Reading

Dear CEO letter – Please act: ensure your customers understand how their money is protected

On 18 May 2021, the FCA published a Dear CEO letter to e-money firms entitled Please act: ensure your customers understand how their money is protected. In the Dear CEO letter the FCA states that it is still concerned that many e-money firms are not adequately disclosing the differences in protections between their services and … Continue Reading

Published in OJ – ECB Regulation and Decisions on systemically important payment systems

On 5 May 2021, there was published in the Official Journal of the EU: Regulation (EU) 2021/728 of the European Central Bank of 29 April 2021 amending Regulation (EU) No 795/2014 on oversight requirements for systemically important payment systems (ECB/2021/17). Regulation (EU) No 795/2014 (the ECB Regulation) sets out the European Central Bank’s (ECB) oversight … Continue Reading

CP21/5 – Interchange Fee Regulation (IFR) Guidance: EU withdrawal consequential changes

On 22 April 2021, the Payment Systems Regulator (PSR) issued a consultation paper setting out proposed amendments to its guidance on the Interchange Fee Regulation (IFR) following the UK’s withdrawal from the EU and changes to the regulatory framework. The PSR is proposing amendments to its guidance on the IFR, to reflect legislative changes resulting … Continue Reading

Commission public consultation on instant payments

On 31 March 2021, the European Commission published a public consultation on instant payments. The public consultation supplements the Commission’s targeted consultation that was published on 24 March 2021 which sought feedback on technical issues relating to this initiative. On 11 March 2021, the Commission also issued for consultation a road map for an EU-wide … Continue Reading

Commission targeted consultation on instant payments

On 24 March 2021, the European Commission issued a targeted consultation on instant payments. The Commission also published a strategy for the initiative on instant payments in the EU. The targeted consultation will inform the Commission on remaining obstacles as well as possible enabling actions that it could take to ensure a wide availability and … Continue Reading

ECB – Best practices applied by financial market infrastructures in their business continuity plans during the COVID-19 pandemic

On 19 March 2021, the European Central Bank (ECB) issued a paper regarding best practices by financial market infrastructures in their business continuity plans during the COVID-19 pandemic. The ECB reports that since the outbreak of the COVID-19 pandemic the Eurosystem has been collecting information on the preparedness of payment systems/schemes and their critical service … Continue Reading

Commission roadmap on EU-wide instant payments scheme

On 11 March 2021, the European Commission published for consultation a draft roadmap (impact assessment) regarding a proposed Regulation on an EU-wide instant payments scheme. The objective of the draft roadmap is to foster pan-European market initiatives based on instant payments, which would ensure that anyone holding a payment account in the EU could be … Continue Reading

EBA calls on national authorities to take supervisory actions for the removal of obstacles to account access under the Payment Services Directive

On 22 February 2021, the European Banking Authority (EBA) issued a regulatory opinion on supervisory actions Member State competent authorities (NCAs) should take to ensure banks remove any remaining obstacles that prevent third party providers from accessing payment accounts, which restrict EU consumers’ choice of payment services. The EBA has produced the opinion under the … Continue Reading

PSR plans to bolster protections in payments

On 11 February 2021, the Payment Systems Regulator (PSR) issued two calls for views seeking greater protections for people using payment systems: one relating to the protections against authorised push payment (APP) scams, and the other looking more broadly at consumer protection in interbank (bank-to-bank) payments. In the call for views on APP scams the … Continue Reading

Payment services in Germany – what should be considered after the end of the Brexit transition period?

On 16 February at 11am – 12pm CET our financial services team in Germany will be holding a webinar exploring the key implications of the end of the Brexit transition period for the payments sector in Germany. In this webinar, presented in English, we will examine what the Brexit trade deal means for the payment … Continue Reading

FCA CP21/3: Changes to the SCA-RTS and to the guidance in ‘Payment Services and Electronic Money – Our Approach’ and the Perimeter Guidance Manual

On 28 January 2021, the FCA published Consultation Paper 21/3: Changes to the SCA-RTS and to the guidance in ‘Payment Services and Electronic Money – Our Approach’ and the Perimeter Guidance Manual (CP21/3). In the 2020/2021 Business Plan the FCA identified the payments sector as a priority for the next three years. The regulator has … Continue Reading

HM Treasury consults on SAR for PIs and EMIs

On 3 December 2020, HM Treasury published a consultation regarding insolvency changes for payment and electronic money institutions. To address shortcomings with the current insolvency regime, the Government proposes introducing a bespoke special administration regime (SAR) for payment institutions (PIs) and electronic money institutions (EMIs). Following the success of The Investment Bank Special Administration Regulations … Continue Reading

SEPA Request-To-Pay Scheme Rulebook

On 30 November 2020, the European Payments Council (EPC) published version 1.0 of the SEPA Request-To-Pay (SRTP) Scheme Rulebook. The rulebook consists of a set of rules, practices and standards that makes it possible for any eligible RTP service provider to join, participate and operate in the scheme. The rulebook covers the set of operating … Continue Reading

Revision of the Regulation on oversight requirements for systemically important payment systems (the SIPS Regulation)

On 27 November 2020, the Eurosystem published its proposed amendments to Regulation of the European Central Bank (EU) No 795/2014 of 3 July 2014 on oversight requirements for systemically important payment systems (the SIPS Regulation) for public consultation. The SIPS Regulation sets out the oversight requirements for both large-value and retail payment systems of systematic … Continue Reading

Merchant survey disclosure in the market review into card-acquiring services

As part of the market review into the supply of card-acquiring services (the Market Review), the Payment Systems Regulator (PSR) commissioned IFF Research to conduct a quantitative survey of small and medium sized merchants. The PSR used and took into account the results of the survey in producing its interim report published in September 2020. … Continue Reading

Publication of the 2021 EPC SEPA payment scheme rulebooks

On 26 November 2020, the European Payments Council (EPC) published the 2021 payment scheme rulebooks and the related implementation guidelines. All 2021 payment scheme rulebooks enter into force on 21 November 2021. Annex IV of each 2021 rulebook contains a table summarising all changes made in each 2021 rulebook compared to the 2019 rulebook.… Continue Reading
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