2019-10-18

GDPR, PSD2, NIS-direktivet och Säkerhetsskyddslagen, samt att Artikel 29-arbetsgruppen, och som i maj 2018 ersattes av EDPB, The

Such comments should be sent by September 16th at the latest using the provided form. The EDBP guidelines on the interplay between the PSD2 and data protection obligations The obligation to keep open APIs provided by the PSD2 inevitably triggers some data protection concerns. 17 December 2020 EU: EDPB adopts 2021-2023 strategy, guidelines on GDPR, PSD2, and restriction of data subject rights in 43rd plenary session Brexit Facilitation of Data Subject Rights Cross-Border Data Transfer Financial Services GDPR Payments Services The EDPB opines that explicit consent under the PSD2 is different from explicit consent under the GDPR. Explicit consent under the PSD2 is a contractual requirement so that the service provider can access and conduct subsequent processing and storage of personal data in order to provide payment services. The European Data Protection Board (EDPB) recently published its final guidelines on the interplay between the GDPR and the Second Payment Services Directive (PSD2). The EDPB states that ‘explicit consent’ under PSD2 is different from (explicit) consent under the GDPR.

Edpb gdpr psd2

There’s also little guidance at this point, so there’s no clear path forward. One consideration is the potential fines of non-compliance. GDPR is a Regulation and failures have GDPR and PSD2 are two legal initialisms that have both generated a great deal of press coverage in recent months, but they are seldom considered together. There were Payments industry asks EDPB to revise PSD2/GDPR guidelines Wednesday 28 October 2020 14:00 CET | News The letter emphasizes and join tly reiterates common concerns from the payments industry. This measure, which would appear to contradict the GDPR, was included – well, that’s awkward – in the legislation that implements the GDPR. Below are the questions sent to the Commission.

For example, where banks refrain from providing TPPs access to customer payment data for fear of breaching the privacy rights of their customers under the GDPR, competition authorities may consider this a breach of competition law. 2020-09-24 · PSD2, which provides a legal and regulatory framework for payment service providers offering payment services in the EU, stipulates that the processing of personal data must be in accordance with the GDPR and its principles of data protection, such as data minimisation, transparency, proportionality, storage limitation and security measures.

The EDPB clarified that ‘explicit consent’ under PSD2 is an additional contractual requirement, different than the ‘consent’ under GDPR. Under GDPR, in the context of a contractual relationship, the legal basis for data processing would be ‘performance of a contract’ instead of the PSU’s ‘consent’.

2018-03-16 · The interaction between PSD2, aimed at increasing the seamless sharing of data, and the GDPR, aimed at regulating such sharing, raises complicated compliance concerns. For example, where banks refrain from providing TPPs access to customer payment data for fear of breaching the privacy rights of their customers under the GDPR, competition authorities may consider this a breach of competition law. 2020-09-24 · PSD2, which provides a legal and regulatory framework for payment service providers offering payment services in the EU, stipulates that the processing of personal data must be in accordance with the GDPR and its principles of data protection, such as data minimisation, transparency, proportionality, storage limitation and security measures.

This measure, which would appear to contradict the GDPR, was included – well, that’s awkward – in the legislation that implements the GDPR. Below are the questions sent to the Commission. You can read the letter send to the EDPB here.

The European Data Protection Board ('EDPB') adopted, on 15 December 2020, its final version of Guidelines 06/2020 on the interplay between Payment Services Directive ( (EU) 2015/2366) ('PSD2') and the General Data Protection Regulation (Regulation (EU) Den Europeiska dataskyddsstyrelsen (“EDPB”) har publicerat riktlinjer för förhållandet mellan dataskyddsförordningen (“GDPR”) och det andra betaltjänstdirektivet (“PSD2”).

Explicit consent. The EDPB clarified that "explicit consent" under Article 94(2) of PSD2 is an additional requirement of a … EDPB launches public consultation on guidelines on PSD2 and GDPR interoperability. The EDPB launched, on 22 July 2020, a public consultation on the Guidelines. The consultation will end on 16 September 2020, and comments can be submitted here.
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september 2020. On 5th July, the EDPR issued a response to the European Parliament's request for clarification regarding how banks should interpret (and indeed comply with) such requirements under PSD2, alongside the obligations under the General Data Protection Regulation 2016/679 ("GDPR"). Explicit consent. The EDPB clarified that "explicit consent" under Article 94(2) of PSD2 is an additional requirement of a contractual nature and does not require the same standard of consent under the General Data Background on the PSD2 The European Data Protection Board (‘EDPB’) adopted Guidelines 06/2020 (‘Guidelines’) on the interplay of the Second Payment Services Directive (‘PSD2’) and the General Data Protection Regulation (‘GDPR’) on July 17, 2020, which are currently open for public consultations. The EDPB will assess the judgment in more detail and provide further clarification for stakeholders and guidance on the use of instruments for the transfer of personal data to third countries under the judgment.

11 Gen 2021. PSD2 and GDPR: EDPB offers clarity – but is it enough?
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Feb 2, 2021 The EDPB clarified that "explicit consent" under Article 94(2) of PSD2 is an EDPB Finalizes Guidance on GDPR Applicability Outside EU

UK based but PSD2, in particular on the relationship between relevant provisions on the GDPR and the PSD2. The main focus of these guidelines is on the processing of personal data by AISPs and PISPs. As such, this document addresses conditions for granting access to payment account information by BRUSSELS, 17 September 2020 – The European Banking Federation (EBF) has submitted its response to the European Data Protection Board’s (EDPB) consultation on the draft guidelines on the interplay of the Second Payment Services Directive (PSD2) and the General Data Protection Regulation (GDPR).

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In line with the approach taken by the majority of the payment services industry, the EDPB confirmed that "explicit consent" under Article 94(2) of PSD2, is an additional "contractual consent" and a separate concept to 'explicit consent' under the GDPR.

EU: EDPB guidelines on the interplay between the PSD2 and the GDPR. The European Data Protection Board ('EDPB') recently published its guidelines ('the Guidelines') on the interplay between the Payment Services Directive ( (EU) 2015/2366) ('PSD2') and the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). Although it is helpful that the EDPB has confirmed ‘explicit consent’ as referred to in PSD2 is a ‘contractual consent’, rather than consent as interpreted from a GDPR perspective, given the EDPB’s comments regarding special categories of personal data, discussed further below, it may be that in practice explicit consent from a GDPR perspective is required in any event, depending on the context. Den Europeiska dataskyddsstyrelsen (”EDPB”) har konstaterat att regelverket gällande samtycke är komplext, eftersom både PSD2 och GDPR inkluderar någon form av samtycke. EDPB lyfter i samband med detta frågan huruvida uttryckligt medgivande (eng.