i e SD No.2017/0343 PAYMENT SERVICES (AMENDMENT) REGULATIONS 2017
Payment Servies (Amendment) Regulations 2017 Index PAYMENT SERVICES (AMENDMENT) REGULATIONS 2017 Index Regulation Page 1 Title... 5 2 Commenement... 5 3 Amendment of the Payment Servies Regulations 2015... 5 4 Interpretation regulation 4 amended... 5 5 Appliation of Part 2 of the prinipal Regulations regulation 5 amended... 7 6 Information prior to the onlusion of a single payment ontrat or after reeipt of payment order regulations 7 and 8 amended... 7 7 Termination of framework ontrat regulation 14 amended... 7 8 Information for payer on individual transations regulation 16 amended... 8 9 Information for payee on individual transations regulation 17 amended... 8 10 Information on additional harges or redutions regulation 21 amended... 9 11 Insertion of regulation 21A... 9 12 Appliation of Part 3 of the prinipal Regulations regulation 22 amended... 9 13 Certain regulations not applying in the ase of low value instruments regulation 23 amended... 10 14 Charges for payment servies regulation 24 amended... 10 15 Obligations of the payment servie user in relation to payment instruments regulation 27 amended... 11 16 Obligations of payment servie provider in relation to payment instruments regulation 28 amended... 11 17 Evidene on authentiation and exeution of payment transations regulation 30 amended... 11 18 Liability for unauthorised payment transations regulations 31 and 32 substituted... 12 19 Refunds for payment transations initiated by or through payee regulation 33 amended... 14 20 Requests for refunds for payment transations initiated by or through a payee regulation 34 amended... 14 21 Reeipt of payment orders regulation 35 amended... 14 22 Refusal of payment orders regulation 36 amended... 15 SD No.2017/0343 Page 3
Index Payment Servies (Amendment) Regulations 2017 23 Revoation of a payment order regulation 37 amended... 15 24 Amounts transferred and amounts reeived regulation 38 amended... 15 25 Value date and availability of funds regulation 43 amended... 15 26 Inorret unique identifies regulation 44 amended... 16 27 Non-exeution or defetive exeution regulations 45 and 46 substituted... 16 28 Liability of payment servie provider for harges and interest regulation 47 amended... 18 29 Right of reourse regulation 48 substituted... 19 30 Consent for use of personal data and authentiation regulations 49A and 49B inserted... 19 31 Prior general information for framework ontrats Shedule 1 amended... 20 Page 4 SD No.2017/0343
Payment Servies (Amendment) Regulations 2017 Regulation 1 Statutory Doument No. 2017/0343 Payment Servies At 2015 PAYMENT SERVICES (AMENDMENT) REGULATIONS 2017 Approved by Tynwald: 12 Deember 2017 Coming into operation in aordane with regulation 2 The Isle of Man Finanial Servies Authority, after onsultation with suh persons as appear to them to be appropriate 1, makes the following Regulations under setions 4 and 6 of the Payment Servies At 2015. 1 Title These Regulations are the Payment Servies (Amendment) Regulations 2017. 2 Commenement (1) If approved by Tynwald, these Regulations ome into operation on 13 January 2018, exept to the extent that they insert regulation 49B into the prinipal Regulations. (2) The inserted regulation 49B omes into operation on the same day as regulation 100 of the United Kingdom s Payment Servies Regulations 2017 2. 3 Amendment of the Payment Servies Regulations 2015 (1) The Payment Servies Regulations 2015 ( the prinipal Regulations ) are amended as follows. (2) In what follows, a referene to a numbered provision is a referene to the provision of the prinipal Regulations bearing that number. 4 Interpretation regulation 4 amended (1) Regulation 4 is amended as follows. (2) At the appropriate points in the alphabetial list in paragraph (1) insert the following definitions 1 As required by setion 6(2) of the Payment Servies At 2015. 2 SI 2017/752. SD No.2017/0343 Page 5
Regulation 4 Payment Servies (Amendment) Regulations 2017 «aount serviing payment servie provider means a payment servie provider providing and maintaining a payment aount for a payer;»; «authentiation means a proedure whih allows a payment servie provider to verify the identity of a payment servie user or the validity of the use of a speifi payment, inluding the use of the payment servie user s personalized seurity redentials;»; «group has the meaning given by Artile 4 of the Payment Servies Diretive;» «Payment Servies Diretive means Diretive (EU) 2015/2366 of the European Parliament and of the Counil 25 November 2015 on payment servies in the internal market, amending Diretives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Diretive 2007/64/EC 3 ;»; «personalized seurity redentials means personalized features provided by a payment servie provider to a payment servie user for the purposes of authentiation;»; «remote payment transation means a payment transation initiated through the internet or otherwise in initiated through a devie that an be used for distane ommuniation;»; «strong ustomer authentiation means authentiation based on the use of 2 or more elements that are independent, in that the breah of one element does not ompromise the reliability of any other element, and designed in suh a way as to protet the onfidentiality of the authentiation data, with the elements falling into 2 or more of the following ategories something known only by the payment servie user ( knowledge ); something held only by the payment servie user ( possession ); () something inherent to the payment servie user ( inherene );». (3) In the definition of means of distane ommuniation for any means substitute «a method». (4) For the definition of single payment servie ontrat substitute «single payment servie ontrat means a ontrat for a single payment transation not overed by a framework ontrat;». 3 (OJ L 337, 23.12.2015, p. 35) Page 6 SD No.2017/0343
Payment Servies (Amendment) Regulations 2017 Regulation 5 5 Appliation of Part 2 of the prinipal Regulations regulation 5 amended (1) Regulation 5 is amended as follows. (2) For paragraph (1) substitute «(1) This Part applies to payment servies where (1A) the servies are provided from an establishment maintained by a payment servie provider in the Island; and the servies are provided in one of the following irumstanes (i) (ii) (3) At the end insert the payment servie providers of both the payer and the payee are loated within the relevant area, or the payment servie provider of either the payer or the payee, but not both, is loated within the relevant area. In the irumstanes mentioned in paragraph (1)(ii), this Part applies only in respet of those parts of a transation whih are arried out in the relevant area.». «(5) This Part ontinues to apply to a payment servie provided prior to 13 January 2018 as if the Payment Servies (Amendment)) Regulations 2017 had not been enated.». 6 Information prior to the onlusion of a single payment ontrat or after reeipt of payment order regulations 7 and 8 amended (1) In regulations 7(1) and 8(1) after in paragraph (2) insert «in relation to the servie provided by the payee s payment servie provider». (2) In regulation 8(2)() for a breakdown of the amounts substitute «a breakdown». 7 Termination of framework ontrat regulation 14 amended (1) Regulation 14 is amended as follows. (2) For paragraph (3) substitute «(3) The payment servie provider may not harge the payment servie user for the termination of a framework ontrat after the expiry of 6 months of the ontrat.». SD No.2017/0343 Page 7
Regulation 8 Payment Servies (Amendment) Regulations 2017 8 Information for payer on individual transations regulation 16 amended (1) Regulation 16 is amended as follows. (2) For paragraph (1) substitute «(1) The payer s payment servie provider under a framework ontrat must provide to the payer the information referred to in paragraph (2) in respet of eah payment transation on paper or on another durable medium at least one per month free of harge.». (3) In paragraph (2) for eah substitute «the». (4) At the end insert «(4) Paragraph (1) does not require a payment servie provider to provide information where the information has been, or is to be, provided or made available as required by the payer under a ondition of the type referred to in paragraph (3); or more than one month has passed sine information was last provided, but there are no payment transations in respet of whih the payment servie provider has not previously provided or made available information in aordane with paragraph (1) or as required by the payer under a ondition of the type referred to in paragraph (3).». 9 Information for payee on individual transations regulation 17 amended (1) Regulation 17 is amended as follows. (2) For paragraph (1) substitute «(1) The payee s payment servie provider under a framework ontrat must provide to the payee the information referred to in paragraph (2) in respet of eah payment transation on paper or on another durable medium at least one per month free of harge.».; (3) In paragraph (2) omit and, if appropriate. (4) At the end insert «(4) Paragraph (1) does not require a payment servie provider to provide information where the information has been, or is to be, provided or made available in aordane with a ondition of the type referred to in paragraph (3); or Page 8 SD No.2017/0343
Payment Servies (Amendment) Regulations 2017 Regulation 10 more than one month has passed sine information was last provided, but there are no payment transations in respet of whih the payment servie provider has not previously provided or made available information in aordane with paragraph (1) or in aordane with a ondition of the type referred to in paragraph (3).». 10 Information on additional harges or redutions regulation 21 amended For paragraph (2) of regulation 21 substitute «(2) The payment servie provider, or any relevant other party involved in the transation, must (before the initiation of a payment transation) inform the payment servie user of any harge requested by the payment servie provider or other party, as the ase may be, for the use of a partiular payment instrument. (3) A payer or payment servie user is not obliged to pay a harge of the type referred to in paragraph (1) or (2) if the payer or payment servie user was not informed of the full amount of the harge in aordane with the relevant paragraph.». 11 Insertion of regulation 21A After regulation 21 insert «21A Burden of proof on payment servie provider If a payment servie provider is alleged to have failed to provide information in aordane with this Part, it is for the payment servie provider to prove that it provided the information in aordane with this Part.». 12 Appliation of Part 3 of the prinipal Regulations regulation 22 amended (1) Regulation 22 is amended as follows. (2) For paragraph (1) substitute «(1) This Part applies to payment servies where the servies are provided from an establishment maintained by a payment servie provider in the Island; and the servies are provided in one of the following irumstanes (i) the payment servie providers of both the payer and the payee are loated within the relevant area, or SD No.2017/0343 Page 9
Regulation 13 Payment Servies (Amendment) Regulations 2017 (ii) the payment servie provider of either the payer or the payee, but not both, is loated within the relevant area.» (1A) In the irumstanes mentioned in paragraph (l)(ii) (3) After paragraph (3) insert this Part applies only in respet of those parts of a transation whih are arried out in the relevant area; and regulations 24(2), 33, 34, 38, 40(1) and (2), and 45 to 48 do not apply.»; «(4) This Part shall ontinue to apply to a payment servie provided prior to 13th January 2018 as if the Payment Servies (Amendment) Regulations 2017 had not been enated.». 13 Certain regulations not applying in the ase of low value instruments regulation 23 amended In regulation 23(2) in subparagraph for 32(3) substitute «32(4)»; and in subparagraph () for the payment servie provider is not required under regulation 36(1) substitute «despite regulation 36(1), the payment servie provider is not required». 14 Charges for payment servies regulation 24 amended In regulation 24 for paragraphs (2) and (3) substitute «(2) If both the payer s and the payee s payment servie providers, or the only payment servie provider, in respet of a payment transation are within the relevant area, the respetive payment servie providers must ensure that the payee pays any harges levied by the payee s payment servie provider; and the payer pays any harges levied by the payer s payment servie provider. (3) The payee s payment servie provider must not prevent the payee from () requesting payment of a harge by the payer for the use of a partiular payment instrument; offering a redution to the payer for the use of a partiular payment instrument; or otherwise steering the payer towards the use of a partiular payment instrument.». Page 10 SD No.2017/0343
Payment Servies (Amendment) Regulations 2017 Regulation 15 15 Obligations of the payment servie user in relation to payment instruments regulation 27 amended (1) Regulation 27 is amended as follows. (2) For paragraph (2) substitute «(2) Paragraph (l) applies only in relation to terms and onditions that are objetive, non-disriminatory and proportionate. (3) The payment servie user must take all reasonable steps to keep safe personalized seurity redentials relating to a payment instrument.». (3) In the heading to the regulation at the end add «and personalized seurity redentials». 16 Obligations of payment servie provider in relation to payment instruments regulation 28 amended (1) Regulation 28 is amended as follows. (2) In paragraph (1) () in sub-paragraph, for features of the payment instrument substitute the word «redentials»; for sub-paragraph ()(ii) substitute «(ii) to request that, in aordane with regulation 26(6), the use of the payment instrument is no longer stopped;»; for sub-paragraph (e) substitute «(e) provide the payment servie user with an option to make a notifiation under regulation 27(1) free of harge, and ensure that any osts harged are diretly attributed to the replaement of the payment instrument; (f) (3) For paragraph (2) substitute prevent any use of the payment instrument one notifiation has been made under regulation 27(1).». «(2) The payment servie provider bears the risk of sending to the payment servie user a payment instrument or any personalized seurity redentials relating to it.». 17 Evidene on authentiation and exeution of payment transations regulation 30 amended (1) Regulation 30 is amended as follows. (2) In paragraph (1) at the end add «in the servie provided by the payment servie provider». SD No.2017/0343 Page 11
Regulation 18 Payment Servies (Amendment) Regulations 2017 (3) For paragraphs (2) to (4) substitute «(2) If a payment servie user denies having authorized an exeuted payment transation, the use of a payment instrument reorded by the payment servie provider shall not in itself neessarily be suffiient to prove that the payment transation was authorized by the payer; or the payer (i) (ii) ated fraudulently, or failed to omply with regulation 27 with intent with or gross negligene. (3) If a payment servie provider laims that a payer ated fraudulently, or failed with intent or gross negligene to omply with regulation 27, the payment servie provider must provide supporting evidene to the payer.». 18 Liability for unauthorised payment transations regulations 31 and 32 substituted (1) For regulation 31 substitute «31 Payment servie provider s liability for unauthorized payment transations (1) If an exeuted payment transation was not authorised in aordane with regulation 25, the payment servie provider must refund the amount of the unauthorized payment transation to the payer; and where appliable, restore the debited payment aount to the state it would have been in had the unauthorized payment transation not taken plae. This is subjet to regulations 29 and 30. (2) The payment servie provider must provide a refund under paragraph (l) as soon as pratiable, and in any event no later than the end of the business day following the day on whih it beomes aware of the unauthorized transation. (3) Paragraph (2) does not apply where the payment servie provider has reasonable grounds to suspet fraudulent behaviour by the payment servie user and notifies a onstable or a ustoms offier of those grounds in writing. Page 12 SD No.2017/0343
Payment Servies (Amendment) Regulations 2017 Regulation 18 (4) When rediting a payment aount under paragraph (1), a payment servie provider must ensure that the redit value date is no later than the date on whih the amount of the unauthorized payment transation was debited.». (2) For regulation 32 substitute «32 Payer s or payee s liability for unauthorised payment transations (1) A payment servie provider whih is liable under regulation 31(1) may require that the payer is liable up to a maximum of 35 for any losses inurred in respet of unauthorized payment transations arising from the use of a lost or stolen payment instrument, or from the misappropriation of a payment instrument. This is subjet to paragraphs (2) to (4), (2) Paragraph (1) does not apply if the loss, theft or misappropriation of the payment instrument was not detetable by the payer prior to the payment, exept where the payer ated fraudulently; or the loss was aused by ats or omissions of an employee, agent or branh of a payment servie provider or of an entity whih arried out ativities on behalf of the payment servie provider. (3) The payer shall be liable for all losses inurred in respet of an unauthorised payment transation if the payer has ated fraudulently; or has, with intent or gross negligene, failed to omply with regulation 27. (4) Exept where the payer has ated fraudulently, the payer shall not be liable for any losses inurred in respet of an unauthorized payment transation () arising after notifiation under regulation 27(1); if the payment servie provider has failed at any time to provide, in aordane with regulation 28(1)(), appropriate means for notifiation; or if regulation 44B requires the appliation of strong ustomer authentiation, but the payer s payment servie provider does not require strong ustomer authentiation. (5) If regulation 44B requires the appliation of strong ustomer authentiation, but the payee or the payee s payment servie provider does not aept strong ustomer authentiation, the SD No.2017/0343 Page 13
Regulation 19 Payment Servies (Amendment) Regulations 2017 payee or the payee s payment servie provider, or both (as the ase may be) must ompensate the payer s payment servie provider for the losses inurred or sums paid as a result of omplying with regulation 31(1).». 19 Refunds for payment transations initiated by or through payee regulation 33 amended (1) Regulation 33 is amended as follows. (2) For paragraph (3) substitute «(3) The payer is entitled to an unonditional refund from its payment servie provider of the full amount of any diret debit transations of the type referred to in Artile 1 of Regulation (EU) No. 260/2012 of the European Parliament and of the Counil of 14 Marh 2012 establishing tehnial and business requirements for redit transfers and diret debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22). (4) When rediting a payment aount under paragraph (1), a payment servie provider must ensure that the redit value date is no later than the date on whih the amount of the unauthorised payment transation was debited.». (3) Renumber paragraphs (4) and (5) as paragraphs (5) and (6) respetively. 20 Requests for refunds for payment transations initiated by or through a payee regulation 34 amended (1) Regulation 34 is amended as follows. (2) In paragraph (2) for asertain whether substitute «prove that». (3) In paragraph (3) omit Subjet to paragraph (4),. (4) For paragraphs (4) and (5) substitute «(4) Any refund or justifiation for refusing a refund shall be provided within 10 business days of reeiving a request for a refund or, where appliable, within 10 business days of reeiving any further information requested under paragraph (2). (5) If the payment servie provider requires further information under paragraph (2), it may not refuse the refund until it has reeived further information from the payer.». 21 Reeipt of payment orders regulation 35 amended (1) Regulation 35 is amended as follows. (2) For paragraph (1) substitute Page 14 SD No.2017/0343
Payment Servies (Amendment) Regulations 2017 Regulation 22 «(1) A payer s payment servie provider shall not debit the payment aount before reeipt of a payment order. (2) For the purposes of these Regulations, the time of reeipt of a payment order is the time at whih the payment order is reeived by the payer's payment servie provider, but subjet to paragraphs (3) to (6).». (3) Renumber the existing paragraphs (2) to (5) as paragraphs (3) to (6) respetively. (4) In paragraph (6) (as renumbered by the preeding paragraph of this regulation) for paragraph (4) substitute «paragraph (5)». 22 Refusal of payment orders regulation 36 amended (1) Regulation 36 is amended as follows. (2) In paragraph (3) for notifiation substitute «refusal». (3) In paragraph (5) for the words framework ontrat have been satisfied, the payment servie provider substitute «framework ontrat with the aount serviing payment servie provider have been satisfied, that payment servie provider». 23 Revoation of a payment order regulation 37 amended (1) Regulation 37 is amended as follows. (2) In paragraph (2) omit transmitting the payment order or. (3) In paragraph (4) for regulation 35(4) substitute regulation 35(5). (4) In paragraph (5) for subparagraph substitute «agreed between the payment servie user and the relevant payment servie provider or providers; and». (5) In paragraph (6), after the words may provide for the insert «relevant». 24 Amounts transferred and amounts reeived regulation 38 amended In regulation 38(2) for may agree for the payment servie provider substitute «may agree for the relevant servie provider». 25 Value date and availability of funds regulation 43 amended (1) Regulation 43 is amended as follows. (2) After paragraph (1) insert «(2) Paragraph (3) applies if the transation does not involve a urreny onversion; SD No.2017/0343 Page 15
Regulation 26 Payment Servies (Amendment) Regulations 2017 () the transation involves only a urreny onversion between the euro and pounds sterling or another member State urreny, between pounds sterling and another member State urreny, or between two other member State urrenies; or the transation involves only one payment servie provider.». (3) Renumber the existing paragraphs (2) and (3) as paragraphs (3) and (4) respetively. 26 Inorret unique identifies regulation 44 amended For regulation 44(3) substitute «(3) The payee s payment servie provider must o-operate with the payer s payment servie provider in its efforts to reover the funds, in partiular by providing to the payer s payment servie provider all relevant information for the olletion of funds. (4) If the payer s payment servie provider is unable to reover the funds it must, on reeipt of a written request, provide to the payer all available relevant information in order for the payer to laim repayment of the funds. (5) If the payment servie user provides information additional to that referred to in regulation 7(2) or paragraph 2 of Shedule 1, the payment servie provider is liable only for the exeution of payment transations in aordane with the unique identifier provided by the payment servie user.». 27 Non-exeution or defetive exeution regulations 45 and 46 substituted For regulations 45 and 46 substitute «45 Non-exeution or defetive or late exeution of payment transations initiated by the payer (1) This regulation applies if a payment order is initiated diretly by the payer. (2) The payer s payment servie provider is liable to the payer for the orret exeution of the payment transation unless it an prove to the payer and, where relevant, to the payee s payment servie provider, that the payee s payment servie provider reeived the amount of the payment transation in aordane with regulation 40. Page 16 SD No.2017/0343
Payment Servies (Amendment) Regulations 2017 Regulation 27 (3) If the payer s payment servie provider is liable under paragraph (2), it must without undue delay refund to the payer the amount of the non-exeuted or defetive payment transation and, where appliable, restore the debited payment aount to the state in whih it would have been had the defetive payment transation not taken plae. (4) The redit value date for a redit under paragraph (3) shall be no later than the date on whih the amount was debited. (5) If the payer s payment servie provider proves that the payee's payment servie provider reeived the amount of the payment transation in aordane with regulation 40, the payee s payment servie provider is liable to the payee for the orret exeution of the payment transation and must immediately make available the amount of the payment transation to the payee; and where appliable, redit the orresponding amount to the payee s payment aount. (6) The redit value date for a redit under paragraph (5) shall be no later than the date on whih the amount would have been value dated if the transation had been exeuted orretly. (7) Where a payment transation is exeuted late, the payee s payment servie provider shall, on reeipt of a request from the payer s payment servie provider on behalf of the payer, ensure that the redit value date for the payee s payment aount is no later than the date the amount would have been value dated if the transation had been exeuted orretly. (8) Regardless of liability under this regulation, the payer s payment servie provider shall, on request by the payer, immediately and without harge make efforts to trae any non-exeuted or defetively exeuted payment transation; and notify the payer of the outome. 46 Non-exeution or defetive or late exeution of payment transations initiated by the payee (1) This regulation applies where a payment order is initiated by the payee. (2) The payee s payment servie provider shall be liable to the payee for the orret transmission of the payment order to the payer's payment servie provider in aordane with regulation 40(4). SD No.2017/0343 Page 17
Regulation 28 Payment Servies (Amendment) Regulations 2017 (3) Where the payee s payment servie provider is liable under paragraph (2), it shall immediately re-transmit the payment order in question to the payer s payment servie provider. (4) The payee s payment servie provider shall also ensure that the transation is handled in aordane with regulation 43, suh that the amount of the transation is at the payee s disposal immediately after it is redited to the payee s payment servie provider s aount; and is value dated on the payee s payment aount no later than the date the amount would have been value dated if the transation had been exeuted orretly. (5) The payee s payment servie provider shall, on request by the payee and free of harge, make immediate efforts to trae the payment transation and notify the payee of the outome. (6) If the payee s payment servie provider proves to the payee and, where relevant, to the payer s payment servie provider, that it is not liable under paragraph (2) in respet of a non-exeuted or defetively exeuted payment transation, the payer s payment servie provider shall be liable to the payer and shall, as appropriate and immediately refund to the payer the amount of the payment transation; and restore the debited payment aount to the state in whih it would have been had the defetive payment transation not taken plae. The redit value date for a redit under subparagraph shall be no later than the date on whih the amount was debited. This paragraph is subjet to paragraph (7). (7) If the payer s payment servie provider proves that the payee s payment servie provider has reeived the amount of the payment transation, paragraph (6) does not apply and the payee s payment servie provider shall value date the amount on the payee s payment aount no later than the date the amount would have been value dated if the transation had been exeuted orretly.». 28 Liability of payment servie provider for harges and interest regulation 47 amended In regulation 47 after defetive insert «or late». Page 18 SD No.2017/0343
Payment Servies (Amendment) Regulations 2017 Regulation 29 29 Right of reourse regulation 48 substituted For regulation 48 substitute «48 Right of reourse If the liability of a payment servie provider under regulation 32, 45 or 46 is attributable to another payment servie provider or an intermediary, inluding where there is a failure to use strong ustomer authentiation as required by regulation 49B, the other payment servie provider or intermediary must ompensate the first-mentioned provider for any losses inurred or sums paid under those regulations.». 30 Consent for use of personal data and authentiation regulations 49A and 49B inserted After regulation 49, at the end of Part 3, insert «49A Consent for use of personal data A payment servie provider must not aess, proess or retain any personal data for the provision of payment servies by it unless it has the expliit onsent of the payment servie user to do so. 49B Authentiation (1) A payment servie provider shall apply, in aordane with the relevant tehnial standards, strong ustomer authentiation where a payment servie user () aesses its payment aount online; initiates an eletroni payment transation; or arries out any ation through a remote hannel whih may imply a risk of payment fraud or other abuses. (2) If a payer initiates an eletroni remote payment transation, the payment servie provider must apply, in aordane with the relevant tehnial standards, strong ustomer authentiation that inludes elements whih dynamially link the transation to a speifi amount and a speifi payee. (3) A payment servie provider must maintain adequate seurity measures to protet the onfidentiality and integrity of payment servie users personalized seurity redentials. (4) Paragraphs (1) to (3) are subjet to any exemptions from the requirements in those paragraphs provided for in the relevant tehnial standards. SD No.2017/0343 Page 19
Regulation 31 Payment Servies (Amendment) Regulations 2017 (5 In this regulation the relevant tehnial standards means the regulatory tehnial standards adopted under Artile 98 of the Payment Servies Diretive.». 31 Prior general information for framework ontrats Shedule 1 amended (1) Shedule 1 is amended as follows. (2) In paragraph 2(d) for as defined in substitute «in aordane with». (3) In paragraph 3 for subparagraph substitute «details of all harges payable by the payment servie user to the payment servie provider, inluding those onneted to the manner in and frequeny with whih information is provided or made available and, where appliable, a breakdown of the amounts of any harges;»; in subparagraph () at the beginning insert «if relevant and». (4) In paragraph 4 after payment servie user s equipment insert «and software». (5) In paragraph 5 after subparagraph insert the seure proedure by whih the payment servie provider will ontat the payment servie user in the event of suspeted or atual fraud or seurity threats;, and onsequentially renumber the subsequent subparagraphs as subparagraphs () to (g). (6) In the renumbered paragraph 5() for regulation 26 substitute «regulation 26(2) to (6)». (7) In paragraph 6() at the beginning insert «if relevant,». (8) In paragraph 7 for out-of-ourt omplaint and redress proedures substitute «alternative dispute resolution proedures». Page 20 SD No.2017/0343
Payment Servies (Amendment) Regulations 2017 Regulation 31 MADE 15 NOVEMBER 2017 KAREN BADGEROW LILLIAN BOYLE Members of the Authority SD No.2017/0343 Page 21
Explanatory Note Payment Servies (Amendment) Regulations 2017 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Payment Servies Regulations 2015 ( the 2015 Regulations) to implement (to the extent relevant to the Island s membership of SEPA and in line with the United Kingdom) Diretive (EU) 2015/2366 of the European Parliament and of the Counil of 25 November 2015 on Payment Servies in the Internal Market, amending Diretives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No. 1093/2010, and repealing Diretive 2007/64/EC (OJ L 337, 23.12.2015, p. 35) whih the United Kingdom proposes to do by means of Parts 6 and 7 of its Payment Servies Regulations 2017. The amendments bring into sope transations in whih one of the payment servie providers involved in the transation is outside the relevant area (as defined in regulation 4 of the 2015 Regulations) and make a number of enhanements to the onsumer protetion elements of the 2015 Regulations. Page 22 SD No.2017/0343