Friday, 18 November 2016

Whither the UK's Implementation of #PSD2?

It's still a case of 'hurry up and wait' on the transposition of PSD2 into UK law. 

The Treasury had initially said it would issue the consultation paper on transposing PSD2 into UK law in August 2016, but nothing forthcoming as at 3pm today. In mid-October, the Treasury told a stakeholder meeting at the FCA that the paper was "being finalized" with no public explanation for the delay (though one could readily speculate that Brexit related projects might be a key distraction!). 

Officials have my deepest sympathy, but it's a little more frustrating because the European Banking Authority has moved forward with consultation on certain regulatory standards related to strong authentication and communication amongst PSPs, passporting, authorization and so on.

The EBA's proposed standards associated with authentication, in particular, have drawn a fair degree of criticism from the industry and European Parliament, partly for assumptions concerning the nature of payment initiation and account information services, as well as their inflexibility and the extent to which they perhaps give the incumbent 'account servicing' PSPs more control than PSD2 was intended to allow.  It will be interesting to see whether the concerns are reflected in the next iteration, expected in December/January (although they do not take effect until at least October 2018 to allow for development work).

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