Abstract

On 1 June 2018, the Payment Services Act 2018 („ZaDiG 2018“) came into force, which transposed the Payment Services Directive (EU) 2015/2366 („PSD II“) into Austrian law. The PSD II and thus also the ZaDiG 2018 are not fundamentally new rules compared to the Payment Services Directive 2007/64 / EC („PSD I“) and the first Payment Services Act („ZaDiG 2009“). Significant innovations in ZaDiG 2018 are the provisions for the payment initiation and the account information service providers, who were granted by the law the long-disputed access to the accounts held at the credit institutions of the payment service users. Other significant changes concern the so-called strong customer authentication, which will be discussed in more detail below. In addition to these complete innovations, however, the ZaDiG 2018 also contains a number of new regulations that intervene at specific but noticeable points in the process of processing the payment orders by the commissioned payment service providers („ZDL“) and in the associated liability regime. These new best practices, applied to a conventional transfer order to be executed in Euro in the Euopean Economic Area EEA are the focus of consideration. Insofar as they are of direct relevance to the framework conditions for the application of the new provisions, regulations adopted from the ZaDiG 2009 are also addressed.

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