PSD2 aims to create access to personal data while GDPR aims to protect it. When properly implemented in harmony, the legislation can enable banks to better protect and serve consumers, move beyond compliance and seize new opportunities for growth.

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 another, as the PSD2 enacts data sharing requirements for financial service providers, whilst the GDPR gives individuals greater control over their data and restricts the freedoms to share it.

First of all, the EDPB. Dec 18, 2020 EDPB issues Brexit statement describing the main implications of the end of the Second Payment Services Directive (PSD2) and the GDPR. Sep 10, 2020 In July 2020, the European Data Protection Board (“EDPB”) has published its guidelines on the interplay between PSD2 and GDPR for public Nov 4, 2020 The EDPB considers Article 6(1)(b) GDPR to be the main legal basis on The GDPR and PSD2 each restrict how TPPs can use personal data. Jul 22, 2020 General Data Protection Regulation The EDPB Secretariat staff screens all replies provided before publication (only for the purpose of Jul 29, 2020 The European Data Protection Board (EDPB) has begun to address whether the The difference between consent under PSD2 & the GDPR. Aug 3, 2020 The European Data Protection Board adopted on 17th July guidelines on the interplay of PSD2 and GDPR, focused on PISPs and AISPs.

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European Banking Federation (“EBF”) har nu publicerat ett svar på EDPB:s riktlinjer. 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.

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.

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

Det så kallade PSD2-direktivet reglerar betaltjänster inom EES. L’EPB ha pubblicato la versione definitiva delle linee guida volte a regolare il rapporto tra la normativa sui pagamenti PSD2 e il regolamento sulla data protection GDPR: ecco cosa cambia dopo la messa in consultazione e l’approvazione finale del documento. 11 Gen 2021.

Jul 23, 2020 The European Data Protection Board (“EDPB“) has adopted and submitted The PSD2 and the GDPR are overlapping and could be viewed in

3. Silent Party Data In July 2020, the European Data Protection Board (“EDPB”) has published its guidelines on the interplay between PSD2 and GDPR for public consultation. While the guidelines confirm the EDPB’s previous remarks on the two laws — such as the lawful basis for processing personal data in the Open Banking ecosystem — the guidelines perhaps add further uncertainty on what organisations 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, (EDPB) — the EU body As such, the EDPB interprets Article 94(2) of PSD2 as imposing something akin to transparency obligations (rather than GDPR level consent) — the data subject must be fully aware of the purposes for which their personal data is processed, and must explicitly agree to those clauses (which should be set out separately from other contractual matters). Bitkom Position Paper: EDPB Guidelines Interplay PSD2 & GDPR 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 other legislation.

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. You can access the public cosultation page here and read the Guidelines here. UPDATE (29 July 2020) 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. 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 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’. 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).
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The EDPB also adopted Guidelines on the PSD2. PSD2 modernises the legal framework for the payment services market. 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 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- 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 another, as the PSD2 enacts data sharing requirements for financial service providers, whilst the GDPR gives individuals greater control over their data and restricts the freedoms to share it.

PSD2 modernises the legal framework for the payment services market. 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 The EDPB also considers that the lawful basis to process personal data under the GDPR would be the contractual necessity (not GDPR consent).
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2018-03-16

Att EU-domstolen och EDPB går hårt fram gällande personuppgiftsbehandling i USA Artikel 28.1 i GDPR och artiklarna 7 och 8 i EU-stadgan kan helt Vi åpner mer med PSD2, mens SWIFT, Mastercard og VISA allerede dataskyddsförordningen, GDPR, infördes som lag i EU:s medlemsstater och ett direktiv på EDPB.