EBA欧洲银行-Opinion-on-the-deadline-for-the-migration-to-SCA_7页_625kb

EBA Opinion on the Deadline for Migration to SCA for E-Commerce Card-Based Payment Transactions

Introduction and Legal Basis

• The European Banking Authority (EBA) issued this opinion under Article 29(1)(a) of Regulation (EU) No 1093/2010, to support a consistent supervisory approach across the EU and EEA.
• In June 2019, the EBA published an opinion on SCA elements under PSD2 (EBA-Op-2019-06), clarifying the requirements for strong customer authentication.
• The EBA recognized that some actors in the payments chain, particularly e-merchants, might not be ready by the original 14 September 2019 deadline.
• To address this, the EBA allowed national competent authorities (NCAs) to grant limited supervisory flexibility for migration to SCA.

General Comments

• The EBA and NCAs conducted a fact-finding survey in July and August 2019 to assess industry readiness.
• Over 90 respondents from 30 jurisdictions participated, indicating a preference for a single, harmonised deadline for SCA migration.
• A 18-month period (ending on 31 December 2020) was suggested to allow smooth and frictionless migration of the entire e-commerce card-based payment ecosystem.
• The EBA acknowledges that this timeline was influenced by the development of the 3DS 2.2 communication protocol, which enables SCA exemptions and out-of-scope transactions.

Specific Comments

• The EBA does not support extending the deadline beyond 31 December 2020, as the SCA requirements apply from 14 September 2019.
• The EBA considers that the industry had sufficient time to implement SCA, as the exemptions were known since February 2017.
• The exemptions are exceptions to the general rule and should not justify significant delays in implementing SCA.

Deadline for the Migration to SCA

• The EBA concludes that the supervisory flexibility should end on 31 December 2020.
• This date is deemed sufficient for issuing and acquiring PSPs and their merchants to migrate to SCA-compliant solutions.

Actions to be Taken by NCAs During the SCA Migration Period

Actions towards Issuing PSPs

Actions towards Acquiring PSPs

Key Recommendations

• All NCAs should adopt a consistent approach to the SCA migration period, following the deadline of 31 December 2020.
• Supervisory flexibility does not equate to a delay in the application of SCA requirements, which are in force from 14 September 2019.
• PSPs must comply with the requirements to avoid legal breaches and liability under Article 74 of PSD2.
• NCAs should monitor progress through regular reporting and data collection, ensuring alignment with the migration goals.

Conclusion

• The EBA opinion aims to ensure supervisory convergence and a single payments market in the EU.
• It emphasizes the importance of SCA compliance and the need for timely migration by all stakeholders.
• The EBA will publish the opinion on its website and will prepare reports on the status of SCA compliance by issuing and acquiring PSPs in Q1 2021.