EBA欧洲银行-Guidelines-on-complaint-procedures-under-PSD2-28EBA-GL-2017-1329_HR_7页_193kb

Summary of EBA/GL/2017/13: Guidelines on Complaint Procedures for Alleged Breaches of Directive (EU) 2015/2366

Core Content

EBA/GL/2017/13 is a set of guidelines issued by the European Banking Authority (EBA) under Article 16(3) of Regulation (EU) No 1093/2010. These guidelines aim to ensure effective compliance with Directive (EU) 2015/2366 on payment services, by establishing procedures for handling complaints related to alleged breaches of this directive. The guidelines are directed at competent authorities, which are responsible for ensuring and monitoring effective compliance with the directive in accordance with Article 100(1) of the same directive.

Main Objectives

• To establish procedures for handling complaints about alleged breaches of Directive (EU) 2015/2366.
• To ensure that competent authorities are equipped to effectively monitor and enforce compliance with the directive.
• To provide clarity on the expectations for competent authorities in terms of complaint handling, documentation, and transparency.

Key Information

1. Compliance and Reporting Obligations

• Competent authorities must align their practices with these guidelines and report to EBA whether they have complied or intend to comply by 05/02/2018.
• If no report is received within the deadline, EBA will assume non-compliance.
• Reports must be submitted using a completed form sent to compliance@eba.europa.eu with the subject "EBA/GL/2017/13".
• Any change in the compliance status must also be reported to EBA.

2. Scope and Applicability

• These guidelines apply to complaints submitted to competent authorities regarding alleged breaches of Directive (EU) 2015/2366.
• Complaints can be submitted by payment service users and other interested parties, including payment service providers involved in the case.
• The guidelines are directed at competent authorities identified under Article 4(2)(i) of Regulation (EU) No 1093/2010.

3. Implementation

• The guidelines became applicable from 13 January 2018.

4. Guidelines on Complaint Procedures

Smjernica 1: Channels for Submitting Complaints

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

Smjernica 2: Information Required from Complainants

• Competent authorities must request from complainants information, including but not limited to:
  • Complainant's identity and contact details.
  • Whether the complainant is a natural or legal person.
  • Whether the complainant is a payment service user.
  • The identity of the payment service provider involved.
  • A description of the case.
• Authorities must record all information provided by complainants.
• Complainants must be allowed to submit any supporting documents, such as contracts, communications, or other relevant information.

Smjernica 3: Response to Complainants

• Competent authorities must provide a response to complainants without unnecessary delay.
• The response should include:
  • A confirmation of receipt of the complaint.
  • Information on the general competence of the authority.
  • Whether the complaint has been forwarded to another authority.
  • Information on the timing and form of further communication with the complainant.
• Any subsequent communication with the complainant must include the information outlined in point 3.1.d.

Smjernica 4: Consolidated Analysis of Complaints

• Competent authorities must conduct a consolidated analysis of complaints, considering at least the information collected under guideline 2.1.
• The analysis should include:
  • The total number of complaints received.
  • Characteristics of the most common complainants.
  • The most frequently complained payment service providers.
  • Problematic areas and specific provisions of the directive that are most often breached.
  • Payment services that are most frequently subject to complaints.
  • The most common measures taken by the authority in response to complaints.
• The analysis should help authorities ensure and monitor effective compliance with the directive.

Smjernica 5: Documentation of Complaint Procedures

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

Smjernica 6: Public Information on Complaint Procedures

• Competent authorities must publicly disclose information about their complaint procedures, including:
  • The purpose and scope of the procedures.
  • Available complaint channels and how to access them.
  • Required information from complainants.
  • The order of steps in the complaint procedure and applicable time limits.
  • General competence of the authority.
  • Available measures to ensure and monitor effective compliance with the directive.
• The information must be up-to-date and easily accessible.

Conclusion

EBA/GL/2017/13 provides a comprehensive framework for competent authorities to handle complaints related to alleged breaches of Directive (EU) 2015/2366. It emphasizes the importance of transparency, accessibility, and effective monitoring to ensure compliance with the directive. The guidelines also require authorities to document their procedures and report their compliance status to the EBA.