Monday November 6, 2023

GSMA Feedback to the European Commission’s Proposal on Payment Services in the Internal Market

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This document presents the inputs from the GSMA to the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on payment services in the internal market and amending Regulation (EU) No 1093/2010 open feedback period.

The European Commission presented a Payments Package to bring payments and the wider financial sector into the digital age, including a proposal for a Payment Services Regulation (PSR), introducing changes to the regulatory framework of the PSD2 Directive.

Among other issues, the proposal addresses fraud by impersonation (“Spoofing”), making the payment services provider liable unless it is able to proof gross negligence by the end user, and
introducing a new obligation on providers of Electronic Communications Services (ECS) to cooperate with payment service providers to prevent that type of fraud. It also establishes that
potential claims by payment services providers against ECS providers for financial damage caused in the context of impersonation fraud should be made in accordance with national law.

As providers of ECS, we welcome the aim and goals of the proposed Regulation. Notwithstanding, we would like to raise concerns concerning the specific inclusion of ECS providers in a financial proposal for Regulation targeted to credit institutions.

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