Question ID:
2019_4800
Legal Act:
Directive 2015/2366/EU (PSD2)
Topic:
Strong customer authentication and common and secure communication (incl. access)
Article:
97
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations:
Regulation (EU) 2018/389 - RTS on strong customer authentication and secure communication
Article/Paragraph:
1
Disclose name of institution / entity:
No
Type of submitter:
Industry association
Subject Matter:
Whitelisting
Question:

Will a clearing house for distribution be enabled to facilitate the on-going maintenance of the whitelisting process?

Background on the question:

Intermediaries (Online Travel Agencies (OTAs), Brands, and Global distribution Systems (GDS)) are able to document their brands and group structures for whitelisting.

The process of whitelisting each brand, location, or merchant places an undue burden on consumers to have all the information necessary to accurately complete the whitelisting process.

Date of submission:
19/06/2019
Published as Final Q&A:
25/09/2020
EBA Answer:

Article 13(1) of the Commission Delegated Regulation (EU) 2018/389 sets out that a payer can create or amend a list of trusted beneficiaries only through its account servicing payment service provider (ASPSP). Therefore, the creation or amendment of a trusted beneficiary list through an intermediary does not meet the requirements in Article 13(1) of the Commission Delegated Regulation.

However, this does not preclude ASPSPs from outsourcing the management of the trusted beneficiaries list to a third party, subject to compliance with the general requirements on outsourcing and the EBA Guidelines on Outsourcing arrangements (EBA/GL/2019/02).

Status:
Final Q&A