Directive (EU) 2019/713 of the European Parliament and of the CouncilShow full title

TITLE I U.K. SUBJECT MATTER AND DEFINITIONS

Article 1 U.K. Subject matter

This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the areas of fraud and counterfeiting of non-cash means of payment. It facilitates the prevention of such offences, and the provision of assistance to and support for victims.

Article 2 U.K. Definitions

For the purpose of this Directive, the following definitions apply:

(a)

‘non-cash payment instrument’ means a non-corporeal or corporeal protected device, object or record, or a combination thereof, other than legal tender, and which, alone or in conjunction with a procedure or a set of procedures, enables the holder or user to transfer money or monetary value, including through digital means of exchange;

(b)

‘protected device, object or record’ means a device, object or record safeguarded against imitation or fraudulent use, for example through design, coding or signature;

(c)

‘digital means of exchange’ means any electronic money as defined in point (2) of Article 2 of Directive 2009/110/EC of the European Parliament and of the Council(1) or virtual currency;

(d)

‘virtual currency’ means a digital representation of value that is not issued or guaranteed by a central bank or a public authority, is not necessarily attached to a legally established currency and does not possess a legal status of a currency or money, but is accepted by natural or legal persons as a means of exchange, and which can be transferred, stored and traded electronically;

(e)

‘information system’ means information system as defined in point (a) of Article 2 of Directive 2013/40/EU;

(f)

‘computer data’ means computer data as defined in point (b) of Article 2 of Directive 2013/40/EU;

(g)

‘legal person’ means an entity having legal personality under the applicable law, except for states or public bodies in the exercise of state authority and for public international organisations.

(1)

Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).