On February 16, 2017, the EBA published for consultation draft Guidelines on complaints procedures for alleged infringements of the Payments Services Directive 2 by payment service providers. The PSD2 provides for payment service users and other interested parties, including consumer associations, to submit complaints to national regulators regarding alleged infringements of the PSD2 requirements by payment service providers.

The proposed Guidelines will apply to national regulators of payment service providers. The proposed Guidelines require national regulators to have two different means by which a complaint can be submitted and to publicly disclose information on their procedures for complaints of alleged infringements. National regulators will be required to request certain information from complainants and also to provide complainants with certain information in response to their complaint. Furthermore, national regulators will need to have procedures in place to collate and analyze aggregated complaints information so that they can assess, for example, the nature of the most common types of complaints and the identity of the payment service providers subject to the most complaints. Responses to the consultation are due by May 16, 2017. The final Guidelines will apply from January 13, 2018 and will be updated on a regular basis thereafter.

The consultation paper is available at: http://www.eba.europa.eu/documents/10180/1756077/Consultation+Paper+on+Guidelines+on+complaints+procedures+under+PSD2+%28EBA-CP-2017-01%29.pdf

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.