On 28 February 2019, the Dutch Central Bank (De Nederlandsche Bank, DNB) published a PSD2 update on its website.

In its PSD2 update, DNB points out that:

  • the revised Payment Services Directive (PSD2) entered into force in the Netherlands on 19 February 2019 and market operators are able to apply for a PSD2 licence with DNB. This means that the various guidelines and regulatory technical standards issued by the European Banking Authority in relation to PSD2 have now also entered into force;
  • market operators were already able to submit a draft PSD2 licence application to DNB as of 6 July 2018. DNB received twenty draft licence applications;
  • on 22 February 2019, DNB and the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, the AP) signed a partnership protocol, under which DNB and the AP exchange information that is relevant in exercising their supervisory tasks under PSD2;
  • it has decided that the EBA’s Guidelines on fraud reporting under PSD2 will apply to Dutch payment service providers from 1 July 2019 onwards; and
  • the European Court of Justice (ECJ) recently issued a ruling on savings accounts under PSD1. In summary, the ECJ ruled that savings accounts with a fixed contra account were not to be regarded as payment accounts, but as this was ruled under PSD1 it is unclear how this will play out under PSD2. The Dutch Minister of Finance has indicated that intends to ask the European Commission what this means under PSD2 to ensure a level playing field.