13 October 2017
The European Banking Authority (EBA) published today its final Guidelines on complaints procedures to be followed by competent authorities (CAs) to ensure and monitor effective compliance by payment service providers (PSPs) with the revised Payment Services Directive (PSD2). These Guidelines are part of the EBA's work to support the core objectives of PSD2 of strengthening the integrated payments market across the European Union, ensuring a consistent, efficient and effective application of the legislative framework and promoting transparency.
The Guidelines govern the process through which payment service users and other interested parties can submit complaints to CAs with regard to PSPs' alleged infringements of PSD2. In particular, these Guidelines specify the requirements for the channels to be used by complainants to file their complaints, the information CAs should request from complainants when complaints are submitted to them, and the information CAs should include in their responses to complaints. In addition, the Guidelines require CAs to make an aggregate analysis of the complaints received, to document their internal complaints procedures and to make information related to their procedures for complaints of alleged infringements of PSD2 publicly available.
The Guidelines apply only to complaints addressed to CAs about alleged infringements of PSD2 and do not cover other issues that payment service users or other interested parties may complain about. They also do not cover complaints submitted as part of alternative dispute resolution (ADR) procedures for the settlement of disputes between payment service users and PSPs.
Taking into consideration the responses received from external stakeholders during the public consultation, the EBA has introduced some minor changes to the Guidelines, for example to clarify that the types of complainants that are considered to be ‘other interested parties' for the purpose of these Guidelines, includes PSPs that are affected by the situation(s) that gave rise to the complaint.
Legal basis and background
These Guidelines have been drafted in accordance with Article 100(6) of PSD2, which mandates the EBA, after consulting the European Central Bank (ECB), to issue guidelines, addressed to national CAs, on the complaints procedures to be taken into consideration to ensure and monitor effective compliance with PSD2.
The Guidelines also take into consideration the requirement of Article 99(1) of PSD2 which specifies that Member States shall ensure that procedures are set up which allow payment service users and other interested parties including consumer associations, to submit complaints to the CAs with regard to PSPs' alleged infringements of PSD2.