Advocate General Michal Bobek has delivered his opinion on BAWAG PSK Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse AG v Verein für Konsumenteninformation (Case C-375/15). The case considers whether information given by a bank to its customers through an e-banking mailbox is provided (as opposed to merely being made available) through a durable medium for the purposes of Payment Services Directive.

The opinion states that:

  • Article 44(1) in conjunction with Article 41(1) and Article 4(25) of the PSD should be interpreted as meaning that the information transmitted by a payment service provider to the e-banking mailbox of the customer constitutes information on a ‘durable medium’ provided that the e-banking mailbox enables the payment service user to store information personally addressed to him in a way which is accessible for future reference for a period of time adequate in the light of the purposes of the information. It must furthermore allow the unchanged reproduction of the information stored, thus preventing the service provider from accessing, modifying or erasing that information. An e-banking mailbox can also constitute a suitable channel for the transmission of information in the form of electronic documents if those documents themselves comply with the requirements of being a ‘durable medium’ and if such a system incites the user to electronically store and/or print those documents through an easily accessible function; and
  • Article 44(1) in conjunction with Article 41(1) of the PSD should be interpreted as meaning that information concerning changes to a framework contract transmitted by a payment service provider solely through an e-banking mailbox is not ‘provided’ in the sense of Article 41(1) of the PSD, but merely ‘made available’ to a payment service user.

View Opinion of Advocate General in ECJ case relating to providing or making available information in durable medium under PSD, 15 September 2016

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