WG-REQ-1516 Word-to-A4-PPT-portrait PSD3 IMPACTS-STAGE-3 PRINT3mmBLEED - Flipbook - Page 20
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HL | PSD3 Impacts
13 Liability
(PSR Articles 54, 56, 57 & 60)
Overview
§
Customers will have 13 months to claim for
impersonation fraud or confirmation of
payee refunds.
§
All refunds payable by PSPs will be required
to be repaid within 10 business days.
§
Payer and payee PSPs will be liable for
unauthorised transactions that have been
executed in reliance on an SCA exemption.
What is changing?
The proposed PSR extends the ASPSP liability
regime to cover:
§ authorised payments where ASPSP has failed
to notify discrepancy under CoP; or
§ consumer claims for impersonation of PSP
fraud (including where a PISP is involved).
In each case, PSPs will be required to refund or
explain within 10 business days.
This timeline will also be extended to claims for
unauthorised transactions where the ASPSP has
reasonable grounds for suspecting fraud and
therefore doesn9t refund immediately. The
ASPSP must refund or explain with 10 business
days of claim (previously there was no timeline).
The proposed PSR will also impose liability for
unauthorised transactions where payer
PSP/payee PSP applies an exemption for SCA,
with the payee PSP liable to payer PSP where it
is the payee PSP9s exemption.
The payee/payee9s PSP will be liable to a payer
PSP for loss from failure to develop or amend
the systems, hardware and software that are
necessary to apply strong customer
authentication.
The EP Text proposes to extend:
§ the scope of impersonation fraud protection
to cover any loss resulting from any
impersonation (not just impersonation of the
PSP); and
§ the 13-month longstop period currently in
place for a PSU reporting unauthorised,
defective, and that would now also apply to
authorised transactions where the ASPSP has
failed to comply with confirmation of payee
requirements or that result from
impersonation fraud, to 18 months.
