EBA欧洲银行-Guidelines-on-complaint-procedures-under-PSD2-28EBA-GL-2017-1329_DA_8页_153kb

Summary of EBA/GL/2017/13 Guidelines

Core Content

The EBA/GL/2017/13 guidelines provide detailed procedures for handling complaints regarding alleged breaches of the Payment Services Directive 2 (PSD2), specifically Directive (EU) 2015/2366. These guidelines are issued under Article 16 of Regulation (EU) No 1093/2010 and aim to ensure that competent authorities and financial institutions implement them effectively to monitor and enforce compliance with PSD2.

Main Points

1. Compliance and Reporting Obligations

• Status of Guidelines: The guidelines are issued in accordance with Article 16(3) of Regulation (EU) No 1093/2010 and should be implemented as much as possible by competent authorities.
• Reporting Deadline: Competent authorities must report to EBA by 05/02/2018 whether they have implemented or are implementing the guidelines. If not reported by this date, EBA will assume that the guidelines have been implemented.
• Reporting Method: Reports must be submitted using a specific form available on EBA's website, sent to compliance@eba.europa.eu with the reference "EBA/GL/2017/13".
• Public Access: Reports are published on EBA's website in accordance with Article 16(3).

2. Scope and Definitions

• Scope: The guidelines apply to complaints submitted by users of payment services and other interested parties, including payment service providers and consumer organizations, regarding alleged breaches of PSD2.
• Target Audience: The guidelines are directed at competent authorities defined in Article 4(2)(i) of Regulation (EU) No 1093/2010.
• Definitions: Terms used in the guidelines retain the same meaning as defined in Directive (EU) 2015/2366 unless otherwise specified.

3. Implementation Date

• Effective Date: The guidelines came into effect on 13 January 2018.

Key Guidelines on Complaint Procedures

Guideline 1: Channels for Submitting Complaints

• Competent authorities must ensure at least two different channels are available for submitting complaints.
• At least one of these channels must be accessible to all types of complainants.
• One of the channels should be digital and available online, such as an email or web form.

Guideline 2: Information Required from Complainants

• Complainants must be asked to provide the following information:
  • Their identity and contact details
  • Whether they are a natural or legal person
  • Whether they are a payment service user
  • The identity of the payment service provider involved
  • A description of the situation that led to the complaint
• Competent authorities must register the information provided by complainants.
• Complainants should be allowed to submit any supporting documentation, such as copies of agreements, correspondence, or information related to their payment account.

Guideline 3: Response to Complainants

• Competent authorities must respond to complainants without unnecessary delay.
• The response should include:
  • A confirmation of receipt of the complaint
  • Information on the authority's general competence regarding complaints
  • Details on whether the complaint has been forwarded to another authority or body
  • Information on any further correspondence or the conclusion of the complaint process
• Any subsequent communication with the complainant should include the information from point 3.1.d.

Guideline 4: Comprehensive Analysis of Complaints

• Competent authorities must conduct a comprehensive analysis of complaints to identify trends and patterns.
• The analysis should cover:
  • The total number of complaints received
  • The most common types of complaints
  • The payment service providers most frequently complained about
  • The issues and relevant articles of PSD2 most commonly raised
  • The payment services most frequently complained about
  • The most common measures taken by the competent authority in response to complaints
• This analysis should be used to ensure and monitor effective compliance with PSD2.
• Complaints from the same complainant, against the same payment service provider, and involving the same situation should be treated as a single complaint.

Guideline 5: Documentation of Complaint Procedures

• Competent authorities must document their complaint procedures, including the process for receiving complaints and internal management of the procedure.

Guideline 6: Public Disclosure of Complaint Procedures

• Competent authorities must make public information about their complaint procedures.
• The information should be clear, accessible, and include:
  • Purpose and scope of the complaint procedures
  • Available channels and how to access them
  • Required information from complainants
  • Steps and deadlines in the complaint process
  • The authority's general competence in handling complaints
  • Available measures to ensure and monitor compliance with PSD2