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The Human Chain
Payment Services Directive 2
The Human Chain Ltd
www.thehumanchain.com
Payments	Services	Direc0ve	2	
•  Original	Payment	Service	Direc0ve	2007/64/EC	adopted	December	2007	
•  Since	its	adop0on:	
•  The	retail	payments	market	has	experienced	significant	technical	innova0on	
•  Rapid	growth	in	the	number	of	electronic	and	mobile	payments	
•  Emergence	of	new	types	of	payment	services	in	the	market	place	
•  Market	 developments	 have	 given	 rise	 to	 significant	 challenges	 from	 a	 regulatory	
perspec0ve		
•  Significant	areas	of	the	payments	market	(e.g.	internet/mobile	payments)	remain	fragmented	
along	na0onal	borders	
•  Many	innova0ve	payment	products	or	services	do	not	fall	within	the	scope	of	Direc0ve	
•  Elements	excluded	from	original	scope,	such	as	certain	payment-related	ac0vi0es,	has	proved	
in	some	cases	to	be	too	ambiguous,	too	general	or	simply	outdated		
•  Resulted	 in	 legal	 uncertainty,	 poten0al	 security	 risks	 in	 the	 payment	 chain	 and	 a	 lack	 of	
consumer	protec0on	in	certain	areas		
•  Proven	 difficult	 for	 payment	 service	 providers	 to	 launch	 innova0ve,	 safe	 and	 easy-to-use	
digital	payment	services		
•  The	European	Parliament	believes	there	is	a	large	posi0ve	poten0al	which	needs	to	be	
more	consistently	explored		
2
PSD2	-	Aims	&	Objec0ves	
3
•  Con0nue	to	harmonise	the	European	payments	landscape	from	a	regulatory	
perspec0ve	
•  To	establish	safer	and	more	innova0ve	payment	services	across	the	EU	
•  Contribute	to	a	more	integrated	and	efficient	European	payments	market	
•  Improve	the	level	playing	field	for	payment	service	providers	(including	new	players)	
•  Make	payments	safer	and	more	secure	
•  Protect	consumers	
•  Encourage	lower	prices	for	payments
PSD2	-	Overview	
4
PSD2
Liability for
Payments
Transparency of
Payments & Charges
Strong Customer Authentication
Access to Payment Accounts
Greater Regulatory Oversight
Regulation on Interchange Fee for Card-based Payment
Transactions – Dec 2015
PSD2	–	Impacts	&	Implica0ons	
5
Business	as	Usual	 Development	
Liability	for	Payments	
•  Enhanced	Consumer	Rights	
•  “No	ques0ons	asked”	Refund	Right	
for	Direct	Debits	
•  Alloca0on	of	Liability	Between	
Payment	Par0es	
•  Unauthorised	/	Incorrectly	
Executed	Transac0ons	
•  Disclosure	of	Payment	Info	
•  Data	Protec0on	by	Design/Default	
Access	to	Accounts	
•  Access	to	Accounts	
•  Objec0ve,	Non-Discriminatory/
Propor0onate	
•  PISP,	AISP	&	ASPSP	
•  ECB	to	Dra]	Regulatory	Technical	
Standards	(API)	
•  Common/secure	open	standards	
•  ID/auth,	no0fica0on	and	
informa0on	
Transparency	of	
Payments	&	Charges	
•  Central	Register	of	Companies	
Providing	Payment	Services	
•  Transparent	Charging	Principles	
•  Framework	Contracts	&	Single	
Payments	
•  Full	Disclosure	of	Charges	
•  Prohibi0on	of	Surcharging		
Customer	Authen:ca:on	
•  Introduc0on	of	strict	security	
requirements	for	ini0a0on	&	
processing	of	payments	
•  Strong	Customer	Authen0ca0on	
procedure	
•  Dynamic	linking	
•  Use	of	Mul0-Factor	
Authen0ca0on	
•  Protect	the	Confiden0ality	and	
Integrity	of	Personalised	Security	
Creden0als	
PSD2	
Regulatory	Oversight		
Impactonsystems,processes&documentation
Development,testing,auditing&reporting
PSD2	–	Access	to	Accounts	
6
•  Access	to	Accounts	will	drive	disrup0on	(innova0on)	in	payments	
•  An	accelerator	for	technology	driven	disrup0on	of	incumbent	banks	by	flexible	and	innova0ve	
service	providers	
•  Open	the	market	to	new	entrants	(Challengers,	FinTech’s	etc.)	
•  Drive	new	business	opportuni0es	(exis0ng	&	new	market	entrants	and	a	combina0on	thereof)	
•  Drive	new	business	models	and	services	
•  What	is	Access	to	Accounts	
•  It	is	an	environment	in	which	par0cipants	can	share	customer	data,	when	explicit	consent	has	
been	granted,	with	each	other	in	a	secure,	automated	fashion	
	
•  EBA	Discussion	Paper	(pre	consulta0on	&	RTS)	
•  “The	requirements	for	common	and	secure	open	standards	of	communica0on	for	the	purpose	
of	iden0fica0on,	authen0ca0on,	no0fica0on,	and	informa0on,	as	well	as	for	the	
implementa0on	of	security	measures,	between	account	servicing	payment	service	providers	
(ASPSP),	PIS	providers,	AIS	providers,	payers,	payees	and	other	payment	service	providers”	
	
•  This	all	needs	to	be	overlaid	by	HM	Treasury	published	a	“Call	for	evidence	on	data	
sharing	and	open	data	in	banking”
PSD2	-	Poten0al	Opportuni0es	
7
Customer	Bank	D	
Mortgage	
Customer	Bank	C	
Investments	
Customer	Bank	B	
Savings	Account	
Customer	Bank	A	
Current	Account	
Customer	Bank	A	
AISP	
Direct	Account	Access	
Third	Party	Access	
Customer	
Data	Aggrega4on	Model	
Merchant	
Customer	Bank	
iDeal	
(PISP)	
Customer	
Inter	Bank	
Payment	Network	
Merchant’s	Bank	
Payment	Ini4a4on	Service	Provider
PSD2	-	Poten0al	Opportuni0es	
8
Customer	
Customer	Bank	D	
Mortgage	
Customer	Bank	C	
Investments	
Customer	Bank	B	
Savings	Account	
Customer	Bank	A	
Current	Account	
Customer	Bank	A	
AISP	
Direct	Account	Access	
Third	Party	Access	
Social	Media	
Networks	
Foreign	Exchange	
Services	
News	Feeds	
Delivering	Financial	Services	&	Relevant	Content
PSD2	–	Strong	Customer	Authen0ca0on	
9
•  EBA	Discussion	Paper	(pre	consulta0on	&	RTS)	–	Strong	Customer	Authen0ca0on	
•  Ar0cle	97(1)	&	(3)	strong	customer	authen0ca0on	applies	to:	
•  Access	to	payment	accounts	online	
•  Ini0a0on	of	any	electronic	payment	transac0on	
•  Any	ac0on	through	a	remote	channel	that	may	imply	a	risk	of	payment	fraud	or	other	abuses,	
including	online	or	mobile	payments	
•  Ar0cle	97(2)	provides	that,	with	regard	to	the	ini0a0on	of	electronic	remote	payment	
transac0ons,	PSPs	shall	apply	strong	customer	authen0ca0on,	which	includes	elements	
that	dynamically	link	the	transac0on	to	a	specific	amount	and	a	specific	payee	
•  Ar0cle	4(29)	‘authen0ca0on’	means	a	procedure	which	allows	the	payment	service	
provider	to	verify	the	iden0ty	of	a	payment	service	user	or	the	validity	of	the	use	of	a	
specific	payment	instrument,	including	the	use	of	the	user’s	personalised	security	
creden0als	
•  PSD2	defines	authen0ca0on	as	any	procedure	which	allows	the	PSPs	to	verify	the	
iden0ty	of	a	PSU	or	the	validity	of	the	use	of	a	specific	payment	instrument,	including	
the	use	of	the	user’s	personalised	security	creden0als	(PSC)
PSD2	–	Strong	Customer	Authen0ca0on	
10
•  Ar0cle	4(30)	provides	that	strong	customer	authen0ca0on	means:	
•  Knowledge	(something	only	the	user	knows)	
•  Possession	(something	only	the	user	possesses)	
•  Inherence	(something	the	user	is)	
•  That	are	independent,	in	that	the	breach	of	one	does	not	compromise	the	reliability	of	the	
others,	and	is	designed	in	such	a	way	as	to	protect	the	confiden0ality	of	the	authen0ca0on	
data	
•  Ar0cle	98.3	specifies	that	exemp0ons	for	strong	customer	authen0ca0on	shall	be	
based	on	the	following	criteria:		
•  Level	of	risk	involved	in	the	service	provided	
•  Amount	and/or	the	recurrence	of	the	transac0on	
•  Payment	channel	used	for	the	execu0on	of	the	transac0on	
•  Things	are	not	yet	clear	and	many	issues	to	be	worked	through	before	clarifica0on	and	
understanding	of	Strong	Customer	Authen0ca0on
PSD2	-	Timescales	
11
•  PSD2	has	been	published	in	the	OJEU	and	entered	into	force	on	12	January	2016	
•  Member	States	must	transpose	PSD2	into	na0onal	law	by	13	January	2018	
•  However,	as	directed	by	the	European	Commission,	the	EBA	has	12	months	to	define	
the	Regulatory	Technical	Standards	(RTS):	
•  Secure	Authen0ca0on	
•  Secure	Communica0ons	(Access	to	Accounts)	
•  Other	RTS	to	be	published	
•  The	RTS	will	apply	18	months	a]er	adop0on	of	the	standards	by	the	Commission	(i.e.	
no	earlier	than	October	2018)
PSD2	-	Summary	
12
•  PSD2	published	in	the	OJEU	and	entered	into	force	on	12	January	2016	
•  Transposi0on	into	Na0onal	Law	January	2018	
•  RTS	transposi0on	October	2018	onwards	
•  Programme	of	work	to	achieve	compliance:	
•  Systems,	processes	and	documenta0on	
•  Development,	tes0ng,	audi0ng	and	repor0ng	
•  Access	to	Accounts	
•  Need	to	take	into	considera0on	HMT	Open	Banking	ini0a0ve	
•  Regula0on	driving	innova0on	
•  Open	the	market	to	new	entrants	(Challengers,	FinTech’s	etc.)	
•  Drive	new	business	opportuni0es	(exis0ng	&	new	market	entrants	and	a	combina0on	thereof)	
•  Drive	new	business	models	and	services	
	
White	Paper	published	on	PSD2	and	Open	Banking:	www.thehumanchain.com
13
Brendan Jones
The Human Chain Limited
Magdalen Centre
The Oxford Science Park
Oxford
OX4 4GA
United Kingdom
Mob: +44 7785 388 867
Tel: +44 1865 784 386
Fax: +44 1865 784 387
E-mail: brendan.jones@thehumanchain.com
Web: www.thehumanchain.com
www.digitalservicestoolkit.com
13
how can we help - what we do
14
technology
consultancy
business
consultancy
digital service
realisation
test and learn, PoC and
demo toolkit
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SPF PSD2 Presentation January 2016 V1.1