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The Payment Services Regulations 2017

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This is the original version (as it was originally made).

Access to payment accounts for payment initiation services

This section has no associated Explanatory Memorandum

69.—(1) This regulation applies only in relation to a payment account which is accessible online.

(2) Where a payer gives explicit consent in accordance with regulation 67 (consent and withdrawal of consent) for a payment to be executed through a payment initiation service provider, the payer’s account servicing payment service provider must—

(a)communicate securely with the payment initiation service provider in accordance with the regulatory technical standards adopted under Article 98 of the payment services directive;

(b)immediately after receipt of the payment order from the payment initiation service provider, provide or make available to the payment initiation service provider all information on the initiation of the payment transaction and all information accessible to the account servicing payment service provider regarding the execution of the payment transaction;

(c)treat the payment order in the same way as a payment order received directly from the payer, in particular in terms of timing, priority or charges, unless the account servicing payment service provider has objective reasons for treating the payment order differently;

(d)not require the payment initiation service provider to enter into a contract before complying with the preceding sub-paragraphs.

(3) A payment initiation service provider must—

(a)not hold a payer’s funds in connection with the provision of the payment initiation service at any time;

(b)ensure that a payer’s personalised security credentials are—

(i)not accessible to other parties, with the exception of the issuer of the credentials; and

(ii)transmitted through safe and efficient channels;

(c)ensure that any other information about a payer is not provided to any person except a payee, and is provided to the payee only with the payer’s explicit consent;

(d)each time it initiates a payment order, identify itself to the account servicing payment service provider and communicate with the account servicing payment service provider, the payer and the payee in a secure way in accordance with the regulatory technical standards adopted under Article 98 of the payment services directive;

(e)not store sensitive payment data of the payment service user;

(f)not request any information from a payer except information required to provide the payment initiation service;

(g)not use, access or store any information for any purpose except for the provision of a payment initiation service explicitly requested by a payer;

(h)not change the amount, the payee or any other feature of a transaction notified to it by the payer.

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