Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
This law lays down the obligation to provide information on payment services and contract terms and the execution of payment services.
This law shall apply to the following payment services:
(1) a service to make a cash contribution to a payment account or to raise cash from a payment account, as well as operations related to the management and delivery of the payment account;
(2) the execution of a payment transaction in the form of a credit transfer, a transfer of funds to a payment account of the provider, a direct debit or a payment card or any other means of payment;
3) the issuance of a payment instrument;
(4) transaction credit for a payment transaction;
(5) financial intermediation;
(6) the execution of a payment transaction in such a way that the payer's consent to the execution of a payment transaction is made by a mobile phone or by a computer, or by another telecommunications terminal or by a computer device and the payment is made to such a telecommunications or An information technology system or network which operates only between the payment service user and the supplier of the goods, services or any other asset.
This law shall not apply to the following services:
1) the money transport service;
(2) the service in which the payment transaction is made by the payee in the event of purchase of goods, services or any other commodity;
(3) a service based on instruments which may be used for the acquisition of goods, services or other goods only in the premises used by the issuer, or under an agreement with the issuer, either: In a limited network of suppliers or in order to obtain specific goods.
This law shall not apply to the following payment transactions:
(1) the Law on Trade and Sales (17/1992) To negotiate or conclude a sale or purchase agreement relating to goods, services or other commodities, on behalf of the client of the trade representative or other equivalent representative;
(2) a payment transaction based on a paper check, an asete, a voucher, a voucher, a bond or a postal service for the service provider, with the aim of making funds available for use by the payee;
(3) payment transactions in the payment system or securities settlement system between service providers and clearing members, central counterparty, clearing houses or central banks and other participants in the system;
(4) the managers of investment firms, credit institutions, ucits, management companies and alternative fund managers who provide investment services (747/2012) Chapter 1, Article 11 , and of any other undertaking referred to in paragraph 3, or any other undertaking which may store securities, asset management, redemption or sale of securities; (17/04/2013)
(5) payment transactions between the parent undertaking and its subsidiary or the subsidiaries of the same parent undertaking, where the payment service provider is part of the same group of undertakings, which is composed of: (136/1997) The parent undertaking, the subsidiary undertakings of the parent undertaking and the law on the supervision of the financial and insurance groups (699/2004) The holding companies referred to in paragraph 10.
Paragraph 12 (5) and (7) and Article 18 provide for the provision of information on the execution time and the cost of recovery, not applicable to the payment transaction:
(1) the service provider of the payer or of the payee outside the European Economic Area; or
2) which is denominated in currencies other than the euro or the currency of a State belonging to the European Economic Area.
Notwithstanding the provisions of paragraph 1, the provider shall, in the circumstances referred to in Articles 12 and 18, always inform the payment service user of at least the charges that it itself charges for the execution of the payment transaction; and Indicate the possibility that other service providers and intermediaries involved in the execution of a payment transaction will also incur costs.
Paragraphs 1 and 2 shall apply mutatis mutandis to Articles 16, 17 and 22 in so far as they provide for the provision of information as referred to in Article 12 (5) and (7).
Where the provider of a payer or of a payee located outside the European Economic Area participates in the execution of a payment transaction, the disclosure requirements laid down in Articles 19, 20 and 24 shall apply only to the extent that the provision of information is For a service provider in the economic territory, taking into account the information available from a service provider located outside the European Economic Area from the transaction.
Articles 39, 45-48, 64, 65, 67, 70, 74, 79, 80 and 88 shall not apply to a payment transaction:
(1) the service provider of the payer or of the payee outside the European Economic Area; or
2) which is denominated in currencies other than the euro or the currency of a State belonging to the European Economic Area.
Articles 49, 51 and 52 shall not apply to a payment transaction which is denominated in a currency other than the currency of the euro or the currency of a State belonging to the European Economic Area.
Chapter 8 applies only to a payment transaction carried out in the form of a credit transfer or direct debit.
A contractual condition which deviates from the provisions of this Act to the detriment of the payment service operator shall be null and void, unless otherwise specified below.
Where a payment service user is not a consumer, the payment service user and the service provider may agree otherwise on matters covered by Chapters 2 and 3, Article 38 (2), Article 40 (1) to (4) and (6), 62, 64-67, 69, 71, 72, 76, 79 and 80. In addition, the parties may agree differently on the deadline laid down in Article 70.
The payment service user and the service provider may agree otherwise with respect to points 47, 48, 52 and 88. However, the parties may not agree more than four working days from the date of receipt of the payment order, as referred to in Article 47.
Paragraph 3 shall not apply to a payment transaction:
1) is denominated in euro; or
2) which includes only one currency conversion between the euro and the other currency of the State of the European Economic Area, if the currency is converted in that State and the assets of the cross-border payment transaction are transferred to Finland or the rest of the euro area In euros.
For the purposes of this law:
(1) Payment service user The person who, on the basis of an agreement with the service provider, may use a payment service as a payer or a payee;
(2) Service provider A natural person or a private or public legal person who, in order to obtain a professional benefit, provides payment services in a professional manner;
(3) Payment transaction The measure to transfer, increase or be made available;
(4) Payment order, The provision by the payer or the payee to his service provider to execute a payment transaction;
(5) Payment account An account which may be used for payment transactions;
(6) Credit transfer At the initiative of the payer, on the initiative of the payer, to transfer funds to the payee's payment account;
(7) Direct debit The payment of the payer's payment account, at the initiative of the payee, to transfer funds to the payee's payment account, where the payer has consented to the payment transaction either to the payee or to the payee's service provider or to the payee 's To its service provider;
(8) Through money A service in which the provider receives funds from the payer without setting up a payment account in the name of the payer or of the payee, with the sole purpose of transferring the amount corresponding to the amounts received to the payee or to the payee's behalf The provider or where the provider receives the funds on behalf of the payee and makes them available to the payee;
(9) Payment instrument A payment card or any other user-specific instrument or procedure or a combination of which payment instructions have been agreed by the payment service user and the service provider;
(10) Payment instrument holder Who has been granted access to the means of payment;
(11) On a small payment instrument The payment instrument:
(a) which, under the Framework Agreement, may be used up to a maximum of EUR 30 or, where the payment instrument can only be used for domestic payment transactions, for payment transactions of up to EUR 60;
(b) whose operational limit under the Framework Agreement does not exceed EUR 150 or, where the payment instrument can only be used for domestic payment transactions, up to EUR 300; or
(c) to which the amount of the funds entered under the Framework Agreement cannot exceed EUR 150 or, where the payment instrument can only be used for domestic payment transactions, EUR 500;
(12) Small payment instrument Holder The person who has been granted access to a small payment instrument;
(13) Framework agreement An account or other contract enabling individual or consecutive payment transactions to be carried out;
(14) By a separate payment transaction A payment transaction not covered by the Framework Agreement;
(15) Distance communication Telephone, mail, television, information network or any other tool which may be used for the conclusion of the contract without the parties being present at the same time;
16) Funds Cash, book entered in the account and the payment institution 's (297/2010), The electronic money referred to in paragraph 6a; (22/01-01)
(17) On value date The reference date to be used by the service provider for the calculation of interest on the funds charged to the payment account or payable to the payment account;
(18) Working day The date on which the provider of the payer or the payee is open so that it can contribute to the payment transaction;
19) A unique identifier A combination of letters, number, or marks, as determined by the provider's payment service provider, which the payment service user has to present in order to identify the second payment service user or the payment account related to the payment transaction;
20) In a permanent manner, The provision of information to the payment service user in person, in writing or by electronic means, in such a way as to be able to record and duplicate them unchanged;
21) Payment system A rules-based system setting or implementing monetary obligations or transferring the margins of payment transactions.
The service provider shall provide the information and notifications referred to in this law to the payment service user in a clear and easily understandable form. Unless the parties agree to use the other language, the information and notifications shall be given in Finnish or Swedish or in any other official language of the State in which the payment service is provided.
The service provider shall, in good time before the conclusion of a framework contract, submit to the payment service user in writing or in another durable manner the information referred to in Articles 11 to 15 concerning the service provider, the payment services to be provided, the parties On communications, safeguards, liability and redress, as well as the way in which the framework agreement can be amended and made redundant.
If, at the request of a payment service user, a framework agreement is made using a distance message which cannot be transmitted in accordance with paragraph 1 prior to the conclusion of the contract, the information shall be provided to the payment service user In writing or in any other permanent manner after the conclusion of the Framework Agreement.
The service provider shall be given the following information:
1) the name and address of the head office;
(2) the address of any branch or agent in the State where the services are provided;
(3) the e-mail address or other contact details necessary for contacts between the payment service user and the service provider;
(4) the name of the public register of the service provider and the identity of the provider's company or entity or any other equivalent identifier in that register;
(5) the name and contact details of the service provider.
The following information shall be provided for the payment service:
1) a description of the main characteristics of the payment service;
(2) a description of the unique identifier or any other information to be provided by the payment service user in order to execute the payment order;
(3) information on how the payment service user can give and withdraw its consent to the execution of a payment transaction;
(4) information on the date on which the payment instruction is deemed to have been received, as well as an indication of the time limit for the payer's service provider that the payment instruction received is deemed to have been received on the following working day;
(5) information on the maximum period during which the payment service is carried out;
(6) whether the purpose of the framework agreement is to agree on the limits of the use of a payment instrument;
(7) information on the total amount of the costs to be recovered from the payment service user and, if possible, breakdown of costs;
(8) information on the potential interest rate and the reference rate on the basis of the applicable interest rate, the date of analysis of the reference rate and the index or other calculation basis;
(9) the indication of the applicable currency exchange rate or the use of the reference rate on the date of reference of the reference rate and the index or other calculation basis;
(10) information on a possible conclusion that changes in the interest rate or exchange rate are applied immediately, as well as an explanation of the reporting obligations of the service provider.
The communication between the Parties shall include the following information:
(1) information on the means of communication to be used by the parties in accordance with the Framework Agreement for the provision of information and reporting, as well as a description of the technical characteristics required for the equipment of the payment service user;
(2) the manner in which and how often the information referred to in this Act is provided to the payment service user;
(3) the language or languages in which the framework agreement is to be concluded and which language or languages may be used during the contractual relationship;
(4) information that the payment service user is entitled, upon request, to obtain the terms of the framework contract during the contractual relationship and the information referred to in Articles 11 to 15 in writing or in any other permanent manner.
The following information shall be provided on the precautions, liability and redress procedures:
(1) an explanation of the type of actions to be taken by the holder of a payment instrument in order to keep the payment instrument safe, as well as the way in which the provider is informed of the loss of the payment instrument; The right to use unlawfully;
(2) a description of the conditions under which the service provider has the right to prevent the use of a means of payment where such a right is envisaged in the framework agreement;
(3) a report on the liability of the payment service user for the free use of the payment instrument and the amount of the exposure;
(4) the manner in which and in which time the payment service user has to inform the provider of the wrongful, non-executed or wrongful payment transaction;
(5) a statement on the liability of the service provider without any wrongful or incorrect payment transaction;
(6) an explanation of the conditions and time limit for repayment referred to in Article 79, and an explanation of the obligations of the service provider in the handling of the request for repayment;
(7) information on a potential contractual relationship between the law applicable to the framework agreement or the competent court;
(8) information on the possibility of informing the provider of the service provider's conduct to the supervisory authority and the possibility of bringing an argument based on a framework contract to the Consumer Centre or other responsible body.
The modification and termination of the Framework Agreement shall include the following information:
(1) information on a possible conclusion that the payment service user is deemed to have accepted the changes to the contractual terms proposed by the service provider, unless, by the date of entry into force of the amendments, he does not oppose them;
2) information on the duration of the Framework Agreement;
(3) a statement of the payment service user and, if it is to be agreed, the right of the service provider to terminate the Framework Agreement;
4) a description of possible contractual terms and conditions for termination.
The payment service user shall, at any time during the contractual relationship, have the right to obtain the information referred to in Articles 11 to 15 and the terms of the framework contract in writing or in any other permanent manner.
By way of derogation from Articles 10 to 15, the framework agreement on a small payment instrument shall provide the following prior information:
(1) a description of how a small payment instrument is used;
(2) information on the costs to be recovered;
(3) information on the liability referred to in Article 14 (3) and (5) of the payment service provider;
(4) any other information relevant to a reasoned decision;
(5) information on how the payment service user may receive the other information referred to in Articles 11 to 15.
The information mentioned in paragraph 1 shall be provided as provided for in Article 10. The provider shall make the other information referred to in Articles 11 to 15 easily accessible to the payment service user.
Where a payment service is concluded in a framework contract, the provider shall, at the request of the payer, prior to the payer's individual payment transaction, provide information on the time within which the payment transaction takes place and the charges for the payer, and, if: Possible, disaggregated expenditure.
The provider shall provide the payer with the following information on payment transactions carried out under the Framework Agreement:
(1) information enabling the payer to identify the payment transaction and, if possible, information on the payee;
(2) information on the amount of the payment transaction in the currency in which the payer's payment account is debited or, unless the payer uses a payment account, in the currency of the payment order;
(3) information on the exchange rate used in the convertible currency and the amount of the transaction after the currency conversion;
(4) the amount of the costs or interest to be recovered from the payer and, where possible, the breakdown of expenditure;
(5) information on the value date of the payment account, or, unless the payer uses a payment account, the date of receipt of the payment order.
The provider shall provide the information referred to in paragraph 1 to the payer in writing or in any other durable manner, or shall keep them in a permanent manner, as agreed in the framework agreement, and periodically thereafter. It cannot be agreed in the framework agreement that information should be given less frequently than on a monthly basis and that information is not made available to the payer on a computer network unless the data are kept available for at least the last year.
Unless the framework agreement has agreed on the manner in which the information referred to in paragraph 1 is provided, the service provider shall provide them in writing or in a permanent manner. If it is not agreed how often the information is provided, they shall be provided without undue delay after the payment transaction has been charged to the payer's payment account or, unless the payer uses the payment account when the service provider has received: Payment order.
The provider shall provide the payee with the following information on the transaction under the Framework Agreement:
(1) information enabling the payee to identify the payment transaction and, if possible, the payer;
(2) data transferred in the event of a payment transaction;
(3) information on the amount of the payment transaction in the currency in which the payee's payment account is credited;
(4) information on the exchange rate used in the possible currency conversion and information on the amount of the transaction before the currency conversion;
(5) information on the amount of the costs or interest to be recovered from the payee and, where possible, the breakdown of expenditure;
6) information on the value date of the payment account.
The provider shall provide the information referred to in paragraph 1 to the payee in writing or in any other durable manner, or shall keep them in a permanent manner, as agreed in the framework agreement, and periodically thereafter. It cannot be agreed in the framework agreement that information may be given less frequently than on a monthly basis and that information is made available to the payee only if the data are not kept available for at least the last year.
Unless the framework agreement has agreed on the manner in which the information referred to in paragraph 1 is provided, the service provider shall provide them in writing or in a permanent manner. If it is not agreed how often the information is provided, they shall be provided without undue delay after the payment transaction has been carried out by the provider.
The payment transaction in a small payment instrument shall not be subject to the provisions of Article 18.
By way of derogation from Article 19 (1) and Article 20 (1), the payment service user and the service provider may agree that, following a payment transaction in a small payment instrument, the provider shall only provide the following information:
(1) information enabling the payment service user to identify the payment transaction;
2) information on the amount of the payment transaction;
(3) information on the costs charged.
The parties may also agree that, after having carried out several similar payment transactions to the same payee, instead of the information provided for in paragraphs 2 and 3 of Article 2 (2), only information relating to the payment transactions and the costs incurred in respect of Of co-determination.
Where a small payment instrument has the characteristics that the identity of the operator is not disclosed, or if, for technical reasons, the service provider cannot provide the information referred to in paragraphs 2 and 3, the parties may agree that: The provider is not obliged to provide them. However, the payment service user shall have the possibility to check the amount of funds stored in the small payment instrument.
In the absence of a framework agreement for the payment service, the provider shall provide the payment service user with the information referred to in paragraphs 2, 5 and 7 of Article 12 before a separate payment transaction contract or tender becomes binding on the payment service user. In the event of a currency conversion, the payer shall also indicate the exchange or reference rate of the currency. The provider shall also provide the payment service user with the other information provided for in Articles 11 to 15, if they are necessary for the use of the payment service or are relevant for the execution of the payment transaction.
The provider shall provide the information referred to in paragraph 1 to the payment service user or make them easily accessible. At the request of the payment service user, the provider shall provide the information in writing or in any other durable manner.
If, at the request of a payment service user, an agreement is made by means of a distance message for which data cannot be provided in accordance with paragraphs 1 and 2 prior to the conclusion of the contract, the information shall be provided to the payment service user without delay After the execution of the transaction.
Upon receipt of a payment order for a separate payment transaction, the payer's provider shall immediately provide the payer with the following information:
(1) information enabling the payer to identify the payment transaction and, if possible, information on the payee;
(2) information on the amount of the payment transaction in the currency of the payment instruction;
(3) information on the exchange or reference rate used in the convertible currency if it differs from the notification pursuant to Article 22 (1) and the amount of the transaction after the currency conversion;
(4) the amount of the costs to be recovered from the payer and, where possible, the breakdown of costs;
(5) the date of receipt of the payment order.
The provider shall provide information to the payer or make them easily accessible. At the request of the payer, the provider shall provide the information in writing or in any other durable manner.
Upon completion of a separate payment transaction, the payee's provider shall provide the following information to the payee:
(1) information enabling the payee to identify the payment transaction and, if possible, the payer;
(2) data transferred in the event of a payment transaction;
(3) information on the amount of the transaction in the currency in which the funds are made available to the payee;
(4) information on the exchange rate used in the possible currency conversion and information on the amount of the transaction before the currency conversion;
(5) information on the amount to be recovered from the payee and, where possible, breakdown of costs;
6) the date on which the amount of the payment transaction was made available to the payee.
The provider shall provide information to the payee or make them easily accessible to the payee. At the request of the payee, the provider shall provide the information in writing or in any other durable manner.
Where a payment instruction for a separate payment transaction is issued by means of a payment instrument covered by a framework agreement, the service provider shall not be required to provide the information referred to in Articles 22 to 24 which the payment service user receives From its own service provider.
Subject to Article 40 (6), Article 42 (3), Article 66 (3) or Article 68 (2), the service provider may not charge the user of the payment service for the provision of the information provided for in this Act, nor of the corrective and precautionary measures.
However, where information or information other than those referred to in this Chapter is provided to the user of a payment service user more frequently than is required under this Chapter, the parties may, however, agree on the costs to be recovered from the payment service user. The underlying costs may also be agreed if, at the request of the payment service user, the information referred to in this Chapter is provided in a manner other than that agreed in the framework agreement. The costs to be charged shall be appropriate and shall not exceed the actual costs of the service provider.
In addition to what is laid down in this law on the obligation to provide information, the service provider must comply with what the other law provides for providing information.
In the case of distance marketing of financial services and financial instruments (38/1978) in Chapter 6a , Article 6, Article 7 (1) and (2), Article 8 (3), (4), (6) and (7) and Article 9 (1) shall not apply to the provision of a payment service.
If the payee provides the payer with a currency conversion prior to the commencement of a payment transaction, or if the non-payee provides the currency to be converted at the point of sale, the payer shall be required to disclose the cost of the currency conversion and Exchange rate before starting a payment transaction.
If the payee requests a payment from the payer for the use of a specific payment instrument or offers a reduction as a result of the use of a specific payment instrument, the payee shall inform the payer thereof before the payment transaction is initiated.
If a service provider or other entity requests payment by the payment service user for the use of a specific payment instrument, the payment service provider or other entity shall inform the payment service user before the payment transaction is initiated.
Where a service provider proposes amendments to the Framework Agreement, the proposal shall be submitted to the payment service user in writing or in a permanent manner at least two months before the proposed date of entry into force. Similarly, the service provider shall inform the payment service user if any other information which the provider has to provide in accordance with Articles 11 to 15 is amended.
If the framework agreement includes the condition that the payment service user is deemed to have accepted the amendments proposed by the provider, unless, by the date of entry into force of the amendments, he objects, the payment service user shall: In the proposal for amendment, his right to oppose change. Until the proposed date of entry into force of the amendments, the payment service user shall have the right to terminate the Framework Agreement immediately. The amendment must mention this right.
The payment service user and the service provider may agree that the provider may propose amendments to the framework agreement on the payment instrument in a non-permanent manner.
The changes in the exchange rate of the interest and currency exchange rate may be immediately applied without prior notice if such a right has been agreed in the framework agreement and if the amendments are based on a reference interest rate or rate, the date of which The index or other calculation basis has been agreed in the framework agreement. Any change in the interest rate and currency exchange rate for the payment service user can always be applied immediately without prior notice.
The Parties may agree, in a framework agreement, that information on interest rate changes is made available or made available in a particular way or periodically. If the framework agreement has not agreed in what way and how often the information on interest rate changes is provided, the provider shall submit the information in writing or in any other permanent manner as soon as possible.
The reference rate used as the basis for the applicable interest rate shall be publicly available.
The reference rate used as the basis for the exchange rate applicable at the conversion rate shall be publicly available.
Changes in the interest rate and exchange rate shall be carried out in a non-discriminatory manner and in a non-discriminatory manner.
The payment service user may, at any time during the contractual relationship, terminate both existing and fixed-term contracts immediately terminated, unless the parties have agreed on the period of notice. The period of notice of the payment service user may not be agreed for a period of one month.
The service provider may be dismissed on the terms agreed under the Framework Agreement in force so far. The period of notice of the service provider shall not be shorter than two months.
The service provider shall submit a notice of termination to the payment service user in writing or in a permanent manner.
The service provider may not charge a payment service user for the termination of the framework contract.
The payment service user shall pay regular fees for payment services only in so far as they relate to the period before the termination of the framework contract. Where the payment service user has prepaid such expenditure in advance, the service provider shall return them to the extent that they affect the period after the date of termination.
The payment service user shall have the right to terminate the Framework Agreement if the provider has substantially breached its contractual obligations.
The service provider shall be entitled to terminate the Framework Agreement if the payment service user has substantially infringed its contractual obligations. However, the dismantling of the framework contract for basic banking services shall take into account what the law on credit institutions (610/2014) Chapter 15, Section 6 Provides for the client's right to basic banking services. (88/2014/2013)
The service provider shall submit a notice of termination of the contract to the payment service user in writing or in a permanent manner. In addition, if the contract is terminated by the service provider, the obligation to notify the payment instrument, in addition to the obligation to notify the service provider, is in force, as provided for in Article 57 (2) and (3).
The payment transaction may be executed only with the consent of the payer. A payment transaction shall be considered to be non-compliant unless the payer has consented to it as agreed.
The payer may withdraw his consent until the date referred to in Article 40.
The payment instruction shall be deemed to have been received when the payer's service provider has received it.
If the payment service user initiating the payment transaction and his service provider have agreed that execution of the payment order shall start on a given day or after a certain period or on the date on which the payment is made by the payer The date of receipt of the payment order referred to in Article 47 shall, however, be held at the date of receipt of the payment order.
Where the date referred to in paragraphs 1 or 2 is not the working day of the payer's service provider, the service provider shall be deemed to have received the payment order the following working day. In the case referred to in paragraph 1, the payer's service provider may, in the case referred to in paragraph 1, set a time limit for the expiry of the working day following which it is deemed to have been received on the following working day.
The payment service may not be cancelled by the payment service user after the payment service provider has received it, subject to paragraphs 2 to 4.
Where the payment service user and his service provider have agreed to start the execution of the payment order on a particular day or after a certain period, or on the date on which the payment has been made available to the service provider, The payment service user may cancel the order at the latest on the day before that date.
If the payment transaction is initiated or initiated by the payee, the payer cannot cancel the payment order after the payment order or the consent of the payer to the execution of the payment transaction is given to the payee. However, the payer's payment order may be withdrawn by the payer no later than the day before the date on which the funds were agreed to be charged.
After the date referred to in paragraphs 1 to 3, the payment instruction may be withdrawn only if the payment service user and his service provider so agree. In the case referred to in paragraph 3, in addition, the payee agrees to withdraw the order.
Where a payment transaction is carried out in accordance with a law on certain terms and conditions of the securities and foreign exchange and settlement system (194/1999) , the payment service user does not, however, have the right to cancel the payment order after the system is not allowed to cancel the payment order under the rules of the system.
The service provider may charge the payment service user for the cancellation of the payment order referred to in paragraph 4, if such a right is agreed in the framework agreement. The costs to be charged shall be appropriate and shall not exceed the actual costs of the service provider.
The service provider may refuse to carry out a payment instruction only if the conditions agreed in the framework agreement for the execution of the payment order are not fulfilled, or where the law so provides.
Where a service provider refuses to execute a payment instruction, the service provider shall inform the payment service user of the refusal, the grounds for refusal and the procedure for rectifying the error or deficiency which led to the refusal, Unless notification is prohibited elsewhere in law.
The notification shall be communicated to the payment service user or shall be lodged with him as soon as possible. The notification shall be made before the expiry of the period within which the payment instruction is to be executed.
The Parties may, in the framework agreement, agree that a service provider shall be entitled to charge the costs of the declaration if the provider has had a legitimate reason to refuse to execute the contract. The costs to be charged shall be appropriate and shall not exceed the actual costs of the service provider.
By way of derogation from Articles 40 and 42, the payment service user and the service provider may agree if a payment transaction is used for the payment transaction:
(1) the payer cannot cancel the payment order after the assignment or the consent of the payer to the payment transaction is given to the payee;
(2) there is no obligation on the provider to declare its refusal to execute a payment order if, on the basis of the context, the absence of a payment transaction is apparent.
The service provider may be carried out on the basis of the unique identifier of the payment transaction, even if the payment service user provided additional information on the execution of the payment transaction.
Providers and intermediaries involved in the execution of a payment transaction shall complete the payment transaction in full.
However, if such a right has been agreed with the payee, the provider of the payee may deduct its own costs from the amount of the payment transaction. In this case, the amount of the payment transaction and the expenses deducted from it shall be specified to the payee.
Where the amount of the payment transaction is deducted from the costs referred to in paragraph 2, the payer's service provider shall be responsible for ensuring that the payee receives the payment transaction initiated by the payer in full or only in accordance with paragraph 2. Minor less. The same responsibility lies with the payee's service provider if the payment transaction is initiated or initiated by the payee.
The payer and the payee shall each charge their own service provider for the cost of the execution of the payment transaction. However, the parties may agree on such liability differently if a currency conversion is made at the payment transaction.
The payer's provider shall pay the amount of the payment transaction to the payee's service provider's account no later than the working day following receipt of the payment order or, if the payment transaction is started on paper, the following: The second working day.
The payee's service provider shall provide the payment service provider, initiated by or through the payee, to the payer's service provider within the time limit agreed with the payee.
The payee's service provider shall pay the amount of the payment transaction to the payee's payment account immediately upon receipt of the payment account. If the payee does not hold a payment account held by the service provider, the payee's provider shall, in the same period, set the amount of the payment transaction for use by the payee.
The payment service user and the service provider may agree that the payment transaction is executed within the time limit laid down in Articles 47 and 49, if the payment transaction is used for the payment transaction.
The value date of the payer's payment account shall not be earlier than the date on which the amount of the payment transaction is charged to the payer's payment account.
The value date of the payment of the payee's payment account shall be the date on which the amount of the payment transaction is paid into the account of the payee's service provider.
Where a payment account held by a provider is denominated in cash in the currency of a payment account, the provider shall make the funds available to the account holder:
(1) immediately after the receipt of the funds by the service provider if the account holder is a consumer;
2) no later than the next working day of the day on which the service provider has received the funds if the account holder is not the consumer.
In the case referred to in paragraph 1, the provider shall determine at the latest the date of receipt of the assets if the account holder is the consumer. Where the account holder is not a consumer, the date of value shall be determined not later than the following working day from the date of receipt of the funds by the service provider.
The payment instrument shall be used by the payment instrument holder in accordance with the conditions of its allocation and use. In particular, he shall take reasonable steps to take care of the payment instrument and the associated identification details. The obligation for the payment instrument holder to provide for the payment instrument and its associated identification starts when he receives them.
For its part, the service provider shall ensure that the holder of a non-payment instrument does not have access to the identity of the payment instrument.
The holder of a payment instrument shall, without undue delay, inform the service provider or the other entity designated by it of the loss of the means of payment found, whether or not it is subject to the right to repossession or non-propriate use.
The holder of the payment instrument shall be entitled, upon request, to obtain a certificate from his service provider that he has made the declaration referred to in paragraph 1. The certificate shall be requested within 18 months of notification.
The service provider shall ensure that the holder of the payment instrument is able to make any declaration of the loss of the means of payment to the service provider at any time or to any other party designated by it, or The right to use unlawfully.
The service provider shall prevent the use of a means of payment when the holder of the payment instrument has announced the loss of the means of payment, whether or not he has been deprived of his or her rights.
Where the Parties have agreed in a framework agreement, the service provider shall have the right to prevent the use of a means of payment if:
(1) the security of the use of the payment instrument has been compromised;
(2) there is reason to suspect that the payment instrument is being used in an improper or fraudulent manner; or
(3) the payment instrument justifies the use of credit and the risk that the payment service user responsible for the payment of the credit is unable to fulfil its payment obligations.
The service provider shall notify the holder of the payment instrument and, for its reasons, in advance of the payment instrument. However, the notification may be made immediately after blocking the use of the means of payment, where this is justified in order to prevent or limit the damage.
Notification shall not be made if the notification would jeopardise the reliability or security of the payment services or if it is prohibited by law elsewhere.
The service provider shall reimburse the possibility of using the payment instrument or replace it with a new payment instrument as soon as possible after the absence of any justification for blocking the use of the means of payment.
The service provider shall ensure that the holder of the payment instrument is able to request the return of the payment instrument at any time from the provider.
The service provider may provide the payment service user with a payment instrument without explicit request only if the previously issued payment instrument needs to be replaced.
The service provider shall not prevent the payee from requesting payment from the payer for the use of the payment instrument and not for the reduction of the fee due to the use of the payment instrument.
The charge levied on the use of the payee's payment instrument shall be appropriate and shall not exceed the actual costs incurred by the payee.
Where, owing to its characteristics, the use of a small payment instrument cannot be prevented, the payment service user and the service provider may agree that the contract for a small payment instrument does not apply to the provisions of Articles 54 to 56.
The payment service user who has entered into a payment instrument contract with the service provider shall be responsible for the free use of the means of payment only if:
(1) he or any other payment instrument holder has surrendered the payment instrument to the right to use it;
(2) the loss of a means of payment, suspension of the right to or the right to use is due to the fact that he or another holder of a payment instrument has failed to fulfil his obligations under Article 53 (1); or
(3) he or another holder of a payment instrument has failed, without undue delay, to inform the service provider or the other entity designated by it of the loss of the means of payment, whether or not he has been deprived of his or her rights; Use.
The liability of the payment service user in the cases referred to in paragraph 1 (2) and (3) shall not exceed EUR 150. This restriction shall not apply where the payment service user or any other holder of the payment instrument has acted intentionally or negligently.
The payment service user is not responsible for the free use of the means of payment:
(1) in so far as the payment instrument has been used after the service provider or other entity designated by it has been informed of the loss of the means of payment, whether or not he has been deprived of his or her rights;
(2) if the provider has failed to ensure that the holder of the payment instrument is able to make any declaration referred to in paragraph 1 at any time; or
(3) if the payee is not adequately satisfied with the payment instrument, the payee's right to use the payment instrument.
Notwithstanding the provisions of paragraph 3, the payment service user shall be liable for the right to use the means of payment if he or any other means of payment intentionally made the wrong declaration or otherwise acted fraudulently.
Where a payment transaction has been carried out unlawfully and as a result of Article 62, the provider of the client whose client funds have been used for the execution of a payment transaction shall immediately reimburse the amount of the payment transaction to his client or return the payment transaction. Payment account to the state in which it would have been without charge.
If the payment transaction initiated by the payer has not been executed or has been carried out incorrectly, the payer's service provider shall, without undue delay, return the amount of the payment transaction to the payer or refund the payer's payment account to the payer. Where it would have been without charge.
However, there is no refund obligation if the payer's service provider can demonstrate the amount of the payment transaction received by the payee's service provider within the time limit laid down in Article 47. In such a case, the payee's provider shall immediately pay the amount of the payment transaction to the payee's payment account or, unless the payee uses the payment account, the amount of the payment transaction shall be made available to him.
If the payment transaction initiated or initiated by the payee has not been executed or has been carried out incorrectly, the payer's service provider shall, without undue delay, return the amount of the payment transaction to the payer or Return the payer's payment account to the holding where it would have been free of charge.
However, there is no refund obligation if the failure or incorrect implementation of a payment transaction is due to the fact that the payee's service provider has failed to fulfil its obligations under Articles 48 or 49.
If the payment transaction initiated by the payer has not been executed or has been carried out incorrectly, the payer's service provider shall, at the payer's request, immediately retrace the payment transaction. The results of the tracing shall be reported to the payer.
If the payment transaction initiated or initiated by the payee has not been executed or has been carried out incorrectly, the payee's service provider shall, at the request of the payee, immediately trace the payment transaction. The results of the tracing shall be reported to the payee.
The service provider may charge the user of the payment service to the expenses incurred by the payment service provider to carry out a payment transaction to the provider of the payment transaction or to the payment service provider of the payee who is situated within the Outside. The recovery of expenses requires that such a right has been agreed in the framework contract or that the service provider is required to trace the payment transaction requested by the payment service user to this expense and the payment service user is then Approved the start of tracing.
If the payment transaction has not been carried out or has been carried out incorrectly, the payment service user shall have the right to recover the expenses incurred by the service provider from the payment transaction. In addition, the payment service user is entitled to compensation from the service provider for the interest which he or she has to perform or not receive due to the absence or incorrect implementation of the payment transaction.
In accordance with Articles 64 to 67, the service provider is not liable for a missed or erroneous payment transaction if it is due to the fact that the unique identifier provided by the payment service user is incorrect.
However, in the situation referred to in paragraph 1, the payer's provider shall take reasonable steps to recover the funds of the incorrectly executed payment transaction. The service provider may charge the user of the payment service to recover the money from the payment transaction if such a right has been agreed in the framework agreement. The costs to be charged shall be appropriate and shall not exceed the actual costs of the service provider.
The service provider shall be obliged to make good the damage caused to the payment service user by the proceedings against this law or contract.
However, the provider of indirect damage to the payment service user shall be liable only if the damage is caused by negligence on the part of the service provider.
The indirect injury shall be:
(1) the loss of income to the payment service user due to the incorrect procedure or the resulting measures of the service provider;
(2) damage caused by other contractual obligations; and
3) other similar, unforeseeable damage.
However, if the injury referred to in paragraph 2 is caused by the limitation of other damage, it shall not be considered as an indirect injury in this respect.
The liability of the service provider for indirect damage caused by an error or omission in the execution of a payment order may be excluded or restricted by agreement. The service provider cannot rely on a liability limit if the service provider or someone who is responsible for the procedure has caused the damage intentionally or through gross negligence.
The payment service user shall not have the right to obtain reimbursement of the amount of the payment transaction or any other credit to the service provider as provided for in this Chapter, unless he notifies the provider of the wrongful, non-executed or An erroneously executed payment transaction without undue delay after its observations and within 13 months of debiting the amount of the payment transaction from its payment account or crediting its payment account. The latter time limit shall not apply where the provider has not provided the payment service user with information on the payment transaction as provided for in Chapter 2.
The payment service user shall not be entitled to compensation from the service provider for damage caused by an error other than that referred to in Article 70, unless he informs the service provider within a reasonable time of his finding Error or he should have observed it. Notwithstanding this Article, the payment service user shall be entitled to compensation if the service provider has been grossly negligent or undignified.
Where a payment service user denies having given his consent to the execution of a payment transaction, his service provider shall demonstrate that the consent has been given in an agreed manner. Where a payment service user claims that a payment transaction has been executed incorrectly, the service provider shall demonstrate that the payment transaction is recorded and entered in the accounts correctly and that the transaction is not affected by a technical fault or other Disorder.
The fact that a service provider may show that the consent to the execution of a payment transaction is provided by means of a payment instrument is not necessarily sufficient to prove that the holder of the payment instrument has consented to the execution of the payment transaction, Fraudulently or negligently or grossly negligent to the obligations laid down in Articles 53 and 54.
Articles 63 to 67 and 69 shall be without prejudice to any other rights deriving from the law or contract of the payment service user.
Where a service provider has been held liable pursuant to Articles 64, 65 or 67 to a payment service user for an error attributable to a service provider or supplier involved in the execution of a second payment transaction, the service provider is entitled to: To obtain reimbursement or reparation from the provider or supplier concerned.
Paragraph 1 shall be without prejudice to any other rights deriving from the law or contract of the provider.
The liability provided for in this Chapter shall not arise if the person required to be held liable can demonstrate that the fulfilment of the obligation incumbent upon it has prevented an unusual and unforeseeable cause which it has not been able to influence and which The consequences it could not have avoided with all due care.
The service provider shall not be liable, in accordance with the provisions laid down in this Chapter, if the fulfilment of obligations under this law or contractual obligations is contrary to the obligations of the service provider laid down elsewhere in the law.
The user of the affected payment service must take reasonable steps to limit its damage. If he fails to do so, he will suffer for the loss himself.
Compensation for damages awarded under a legal or contractual procedure may be settled if it is disproportionate taking into account the cause of the infringement, the possible contribution of the payment service user to the injury, the consideration paid by the payment service, The ability of the provider to anticipate and prevent damage and other circumstances.
Where, owing to its characteristics, the use of a small payment instrument cannot be prevented, the payment service user and the service provider may agree that the contract for a small payment instrument does not apply to the provisions of Article 62 (3) (1) and (2).
Where a small payment instrument has the characteristics that the identity of the operator is not disclosed, or where, for reasons relating to the characteristics of a small payment instrument, the service provider cannot demonstrate that the holder of a small payment instrument is Consent to the execution of a payment transaction, the parties may agree that the contract for a small payment instrument is not subject to the provisions of Article 62 (1) and (2) and (3) (3), and Articles 63 and 72.
Articles 62 and 63 shall not apply to the electronic money referred to in Article 5 (6a) of the Payment Institutions Act if the provider is not able to prevent the use of an account or a payment instrument.
Upon request of the payer, the payer shall repay the total amount of the payment transaction initiated by the payee or through the payee to the payer if the amount of the payment transaction:
1) is not accurately reflected in the consent given by the payer; and
2) is greater than the payer could reasonably have expected, having regard to his previous consumption behaviour, the terms of the framework contract and other circumstances.
In the framework agreement, the payer and his service provider may agree that the payer has no right to a payment refund if the payer has consented to the execution of a payment transaction for his service provider and service provider or The payee has informed him of the payment transaction as agreed at least four weeks before the due date.
The payer shall request payment from the payment service provider within eight weeks of charging the amount of the payment transaction.
Within 10 working days of receipt of the request for a refund, the service provider shall reimburse the full amount of the payment transaction to the payer. If the provider refuses to reimburse the amount of the payment transaction, it shall state the reasons for the refusal and the authorities and other similar bodies to which the payer may refer the matter.
The payer's creditors and other bystanders shall be bound by the payment when the payee's service provider has received the necessary information to pay the amount of the payment transaction to the payee's payment account and:
(1) the amount of the payment transaction has been credited to the payee's provider's account; or
(2) the conditions imposed by the payee's service provider for the payment transaction have otherwise been fulfilled.
However, the fee shall be binding on the collateral when the amount of the payment transaction is paid into the payee's payment account.
The payer shall be deemed to have fulfilled its performance obligations to the payee by the amount of the payment transaction when the payment is binding on the basis of Article 81, unless otherwise provided for, or in the case of a contract between the payer and the payee, Or the manner in which the payer and the payee are to be regarded as binding, or otherwise.
Financial supervision shall monitor compliance with this law in respect of its controllers. The Consumer Ombudsman also monitors compliance with this law when the payment service user is a consumer.
The financial supervision and the ombudsman must cooperate with each other. They shall, if necessary in the performance of their supervisory function, cooperate with the Communication Agency.
The service provider is required to submit to the Authority the documents necessary for the supervision of payment services.
On the supervision of the supervisory role of financial supervision, its right to impose sanctions and the review of the financial supervision decision are laid down in the Law on Financial Supervision (878/2008) .
A service provider who, when providing payment services to consumers, infringes the provisions of this law, may, upon application by the ombudsman, prohibit the continuation of such a proceeding or renew it or a similar procedure if it is: Necessary for consumer protection. The prohibition shall be made more effective by periodic penalty payments, unless it is unnecessary.
The market law shall determine the prohibition referred to in paragraph 1. The market law may also impose a ban as temporary, in which case the ban will remain in force until the matter has been finally resolved. In addition, the market law and the way in which it is handled are in force, which are expressly provided for.
The consumer ombudsman may order the prohibition or prohibition referred to in paragraph 1 as temporary, in accordance with the provisions of the Law on Competition and Consumer Protection (24/01/2012) Provides for a ban on the consumer ombudsman. (30.11.2012/673)
Every industry deliberately failed to comply with the technical and business requirements for credit transfers and direct debits in euro and the European Parliament and the Council amending Regulation (EC) No 924/2009. Council Regulation (EU) No 260/2012
1) the provision of Article 3 on the accessibility of a payment service provider;
2) the provision of Article 4 on the compatibility of payment arrangements for payment service providers,
(3) the provisions of Article 5 on requirements for credit transfer and direct debit transactions for payment service providers;
(4) the provision of Article 8 on transfer fees for direct debit transactions; or
(5) Article 9 on access to payments
Shall be condemned, if the act is not minor or otherwise provided for by law, On the payment service offence Fine.
The processing of personal data in payment services shall be governed by: (523/1999) Provides.
Notwithstanding the provisions of Article 11 of the Personal Data Act and the confidentiality of the information provided by the provider, the service provider shall not refuse to release to another service provider and, otherwise, to process the information concerning the suspected and Offences, if the processing of data is necessary to prevent or clarify criminal offences relating to payment services.
The service provider shall not register any information relating to the offence and shall not disclose it to another provider until the offence has been notified to the police or to any other pre-trial authority or prosecutor. However, information may be registered and disclosed before such notification is made, provided that it is necessary to prevent a serious or widespread threat to payment service activities.
Information on the offence shall be deleted from the register immediately following the absence of the criterion referred to in paragraph 2. The justification and the need for treatment shall be evaluated at least every five years.
This Act shall enter into force on 1 May 2010.
This law repeals the transfer law of 28 July 1999. (1999) With its subsequent modifications.
By way of derogation from the implementation period provided for in Article 47, if the payer and his service provider so agree, the amount of the payment transaction may be paid before 1 January 2012 by way of derogation from the implementation period laid down in Article 47 No later than the third working day following the date of receipt of the payment order, or, if the payment transaction is started on paper, the fourth working day following the date of receipt.
The Framework Agreement on the execution of payment transactions referred to in Article 1 (2) (6) shall apply until 1 September 2010, instead of Articles 19 to 21 and 34 instead of the entry into force of this Act.
Where a framework agreement has been concluded before the entry into force of this Act, the right of a payment service user to obtain, pursuant to Article 16, the terms of a framework contract shall be subject to the terms of a framework contract which are applicable when this Act enters into force or which: Applicable after the entry into force of the law.
Before the entry into force of this Act, the payment event for which the payment service provider of the payment service provider initiating the payment transaction was received before the date of entry into force of this Act shall be governed by Articles 19 and 20, 21 (2), 21 (4), 23, 24, 38 to 40, 44 to 68, 70, 72, 74 And, instead of Articles 79 to 82, the provisions in force upon entry into force of this Act.
The provisions in force at the time of entry into force of this Act shall apply instead of Articles 41, 42, 47, 48 and 88 to the payment transaction received before the entry into force of this Act by the service provider concerned.
By way of derogation from the provisions of Article 30, the service provider may propose amendments before the framework agreement entered into force before the date of entry into force of this Act other than in a permanent manner, if it is not possible to use a permanent way because the provider does not know: The identity of the payment service user, or any other comparable reason.
Paragraph 33 (1) and (2) shall not apply to an agreement concluded before the entry into force of this Act.
Article 34 shall not apply to a temporary framework contract concluded before the entry into force of this Act.
Paragraph 36 shall not apply if the framework contract has been terminated before the entry into force of this Act.
Paragraph 54 (2) shall not apply if the notice of disappearances has been filed before the entry into force of this Act.
Instead of Article 62, the provisions in force at the time of entry into force of this Act shall apply if the procedure under which the payment service operator is called to account has taken place before the entry into force of this Act. However, in so far as the payment instrument has been used unlawfully after the entry into force of this Act, Article 62 shall apply, unless the application of the earlier law leads to a more favourable outcome for the payment service user.
Paragraph 63 shall not apply where the client's assets have been charged to the payment account or otherwise used for the execution of a payment transaction before the entry into force of this Act.
Articles 69, 71 and 76 shall not apply if the service provider's procedure for which compensation is required has taken place before the entry into force of this Act.
THEY 169/2009 , TaVM 4/2010, EV 38/2010, Directive 2007 /64/EC of the European Parliament and of the Council (32007L0064) OJ L 319, 5.12.2007, p.1This Act shall enter into force on 1 August 2011.
THEY 2/2011 , TaVM 1/2011, EV 3/2011, Directive 2009 /110/EC of the European Parliament and of the Council (32009L0110) OJ L 267, 10.10.2009, p. 7-17
This Act shall enter into force on 1 January 2013.
THEY 108/2012 , TaVM 9/2012, EV 98/2012
This Act shall enter into force on 1 January 2013.
THEY 32/2012 , TaVM 11/2012, EV 117/2012
This Act shall enter into force on 15 April 2013.
THEY 4/2013 , TaVM 5/2013, EV 30/2013, Regulation (EU) No 260/2012 of the European Parliament and of the Council (32012R0260); OJ L 94, 30.3.2012, p. 22-37
This Act shall enter into force on 15 March 2014.
THEY 94/2013 , TaVM 38/2013, PeVL 43/2013, EV 4/2014, Directive 2011 /61/eu of the European Parliament and of the Council; (32011L0061); OJ L 174, 1.7.2011, p. 1
This Act shall enter into force on 15 August 2014.
THEY 39/2014 , TaVM 6/2014, EV 62/2014
