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’.

Jul 22, 2020 General Data Protection Regulation The EDPB Secretariat staff screens all replies provided before publication (only for the purpose of 

2.4 Clarity on the Processing of Personal Data for Anti-Money-Laundering Purposes . As recognized by the EDPB Guidelines, all PISPs and AISPs are obliged entities under Art. 3(2) of the AML Directive. As such, TPPs have the legal obligation to process personal data when applying The obligations arising from the PSD2 and their interplay with GDPR's are a backbone of Fintech Giulio Coraggio Follow on Twitter Send an email August 14, 2020 The Fintech revolution relies on data flows enhanced by the PSD2, which requires certainty now aimed by the European Data Protection Board guidelines on the interplay between the PSD2 and the GDPR, which leave gray areas though. PSD2 and GDPR: EDPB offers clarity – but is it enough? The second Payment Services Directive (PSD2) includes requirements in relation to the processing of data, but they do not work very well in conjunction with the General Data Protection Regulation (GDPR). The EDPB’s guidance is the first assessment of some of the issues resulting from the interplay between PSD2 and GDPR. While the guidance is not exhaustive, and some issues certainly remain, it does provide a welcomed clarification that the notion of explicit consent under PSD2 must be seen as separate and different from the notion of (explicit) consent under GDPR.

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“The aim of the guidelines is to provide guidance on how to interpret and implement the provisions of Article 43 GDPR,” the EDPB said. PSD2 – GDPR The Revised Payment Service Directive (PDS2) is a directive focused on the further integration of an internal market in payment services. Third parties (Account Information Services Providers or AISPs and Payment Initiation Service Providers or PISPs) will have access to transactional data to analyse the transactional data and/or execute payments. 2017-08-17 · Unfortunately, there’s no mention of PSD2 in the GDPR or vice-versa.

As recognized by the EDPB Guidelines, all PISPs and AISPs are obliged entities under Art. 3(2) of the AML Directive. As such, TPPs have the legal obligation to process personal data when applying Det europeiske personvernrådet (EDPB) har nylig vedtatt retningslinjer om forholdet mellom personvernforordningen (GDPR) og EUs andre betalingstjenestedirektiv (PSD2).

Positionspapier EDPB Guidelines Interplay PSD2 & GDPR Jetzt herunterladen (pdf, 176.89 KB) We believe that more cooperation and exchange between data protection authorities and practitioners is needed to translate the legal text of the GDPR into practice and reduce legal uncertainty, especially in the context of the interplay with the Second Payment Services Directive (PSD2) as well as with

issues. It can be argued that the principle purposes of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') and the Payment Services Directive (Directive (EU) 2015/2366) ('PSD2') are in contrast with one.

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. PSD2 and GDPR. The EDPB also adopted Guidelines on the PSD2. PSD2 modernises the legal framework for the payment services market.

that are not regulated by the PSD2" EDPB Guidelines 2/2019 •'Necessary for performance' requires something more than a contractual clause •Contracts cannot artificially expanded •No bundling: necessity to be assessed for each service PSD2 •AIS GDPR •Categorising transactions •Assessing affordability •Disclosing data to brokers The EDPB also considers that the lawful basis to process personal data under the GDPR would be the contractual necessity (not GDPR consent). Consequently, and from a practical perspective, when implementing the PSD2, PSPs will have to build an explicit consent mecha- Both PSD2 and the GDPR are complex legislation and the relationship between distinct provisions of each law and how they work together is not altogether clear, which has led to uncertainty for payment service providers, including banks. For example, when is “consent” required to access payment data and what does consent mean?

Retningslinjene er sendt på offentlig høring frem til 16. 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.
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In deze  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  Sep 5, 2018 Protection Regulation (2016/679) (GDPR) and the revised EU Payment Services Directive (2015/2366) (PSD2).

2020-09-24 For consent compliance under GDPR and PSD2, the EDPB is clear that data subjects must be fully aware of the personal data processing (which should be clearly distinguishable from other contractual matters), and must explicitly agree to these clauses (we would assume by means of a tick box, which is best practice but not strictly required from a GDPR perspective). In general terms, the draft guidelines interpret both PSD2 and the GDPR narrowly (consistent with the approach taken in previous guidance from the EDPB and Article 29 Working Party), thereby Payments industry asks EDPB to revise PSD2/GDPR guidelines Wednesday 28 October 2020 14:00 CET | News.
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2017-08-17 · Unfortunately, there’s no mention of PSD2 in the GDPR or vice-versa. PSD2 includes a section on data protection, but it mentions laws that are now out of date. 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

The European Data Protection Board ('EDPB') announced, on 16 December 2020, the outcome of its 43rd plenary BRUSSELS, 28 October 2020 – The EBF, together with a number of other industry associations representing Payment Service Providers, have sent a joint industry letter to the Europea Data Protection Board (EDPB) on the planned EDPB Guidelines on the interplay between the second Payment Services Directive (PSD2) and the General Data Protection Regulation (GDPR). PSD2. In this regard, the EDPB notes that the legal framework regarding explicit consent is complex, since both PSD2 as the GDPR include the concept of "explicit consent . This leads to the question whether "explicit consent" as mentioned in Article 94 (2) of PSD26 should be interpreted in the same way as explicit consent under the GDPR. 2020-10-23 The EDPB’s guidance is the first assessment of some of the issues resulting from the interplay between PSD2 and GDPR. While the guidance is not exhaustive, and some issues certainly remain, it does provide a welcomed clarification that the notion of explicit consent under PSD2 must be seen as separate and different from the notion of (explicit) consent under GDPR.