Den Europeiska dataskyddsstyrelsen ("EDPB") har publicerat riktlinjer för förhållandet mellan dataskyddsförordningen ("GDPR") och det andra betaltjänstdirektivet ("PSD2"). Det är möjligt att lämna synpunkter på förslaget fram till den 16 september 2020.

The EDPB’s guidance is the first assessment of some of the issues resulting from the interplay between PSD2 and GDPR. While the guidance is not exhaustive, and some issues certainly remain, it does provide a welcomed clarification that the notion of explicit consent under PSD2 must be seen as separate and different from the notion of (explicit) consent under GDPR.

Silent Party Data In July 2020, the European Data Protection Board (“EDPB”) has published its guidelines on the interplay between PSD2 and GDPR for public consultation. While the guidelines confirm the EDPB’s previous remarks on the two laws — such as the lawful basis for processing personal data in the Open Banking ecosystem — the guidelines perhaps add further uncertainty on what organisations Both PSD2 and the GDPR are complex legislation and the relationship between distinct provisions of each law and how they work together is not altogether clear, (EDPB) — the EU body As such, the EDPB interprets Article 94(2) of PSD2 as imposing something akin to transparency obligations (rather than GDPR level consent) — the data subject must be fully aware of the purposes for which their personal data is processed, and must explicitly agree to those clauses (which should be set out separately from other contractual matters). Bitkom Position Paper: EDPB Guidelines Interplay PSD2 & GDPR We believe that more cooperation and exchange between data protection authorities and practitioners is needed to translate the legal text of the GDPR into practice and reduce legal uncertainty, especially in the context of the interplay with the Second Payment Services Directive (PSD2) as well as with other legislation. Recital 89 of the PSD2 states in relation to the processing of personal data that "the precise purpose should be specified, the relevant legal basis referred to, the relevant security requirements laid down in [the GDPR] complied with, and the principles of necessity, proportionality, purpose limitation and proportionate data retention period respected. In light of PSD2’s and the UK Payments Regulations’ remit being limited to the contractual relationship between a TPP and its users, the EDPB’s view as stated in the Guidelines, is that the “explicit consent” referred to in PSD2 is a contractual consent, distinct from and additional to “consent” under the GDPR… 2018-09-06 1 M s. Andrea Jelinek Chairperson European Data Protection Board (by ema il) Brussels, 2 7 October 20 20 European Payment Service Providers’ comments on the EDPB Guidelines 06/2020 on the interplay of the Second Payment Services Directive and the GDPR GDPR introduces a new, and very high, standard for the type of consent required for the processing of personal data. Although PSD2 does not provide a separate definition of consent, firms implementing PSD2 should not assume that the onerous GDPR interpretation will be required in all cases, as not all payment data is necessarily personal data.

Edpb gdpr psd2

GDPR, Data Security, Economy & Ethics make for a great package at Bitkom's Privacy Bitkom Position Paper: EDPB Guidelines Interplay PSD2 & GDPR. Sep 27, 2017 A recently published study from ENISA provides guidelines on how to take the appropriate measures to comply with the General Data After receiving several complaints, the CNIL imposes a financial penalty against two companies of the CARREFOUR group for GDPR infringements Published Jan 24, 2020 The EDPB noted it "expects ICANN to develop and implement a WHOIS model of personal data concerning registrants in compliance with the GDPR, without Practical consequences of PSD2 for personal data protection Jul 20, 2020 European Data Protection Board – Thirty-fourth Plenary session: Schrems II, Interplay PSD2 and GDPR and letter to MEP Ďuriš Nicholsonová The two EDPB opinions on the European Commission draft Implementing Decisions Opinion 14/2021 is based on the GDPR and assesses both general data the Second Payment Services Directive (PSD2) and the GDPR (following public interplay of the Second Payment Services Directive and the GDPR. Ämnen : General Data Protection Regulation. Medlemsstater: EDPB.

Apart from that, GDPR fully applies, and each EDPB Document on Coordinated Enforcement Framework under GDPR on data protection aspects in the context of the PSD2 (Second Payment Services Jul 25, 2018 As such, the relevant lawful basis under the GDPR is that it is necessary for The EDPB does further state, however, that PSD2 should still be Dec 21, 2020 in a PSD2 context is Article 6(1)(b) of the GDPR, that the processing is necessary for the performance of a contract. The EDPB guidelines say This leads to the question whether “explicit consent” of PSD2 should be interpreted in the same way as explicit consent under the GDPR.

This leads to the question whether “explicit consent” of PSD2 should be interpreted in the same way as explicit consent under the GDPR. First of all, the EDPB.

The second Payment Services Directive (PSD2) includes requirements in relation to the processing of data, but they do not work very well in conjunction with the General Data Protection Regulation (GDPR). The EDPB’s guidance is the first assessment of some of the issues resulting from the interplay between PSD2 and GDPR. While the guidance is not exhaustive, and some issues certainly remain, it does provide a welcomed clarification that the notion of explicit consent under PSD2 must be seen as separate and different from the notion of (explicit) consent under GDPR. The EDPB will assess the judgment in more detail and provide further clarification for stakeholders and guidance on the use of instruments for the transfer of personal data to third countries under the judgment.

that are not regulated by the PSD2" EDPB Guidelines 2/2019 •'Necessary for performance' requires something more than a contractual clause •Contracts cannot artificially expanded •No bundling: necessity to be assessed for each service PSD2 •AIS GDPR •Categorising transactions •Assessing affordability •Disclosing data to brokers

While PSD2 opens up the banking market, encouraging competition and innovation in different products and services, any access these new products and services have to personal data must comply with GDPR. that are not regulated by the PSD2" EDPB Guidelines 2/2019 •'Necessary for performance' requires something more than a contractual clause •Contracts cannot artificially expanded •No bundling: necessity to be assessed for each service PSD2 •AIS GDPR •Categorising transactions •Assessing affordability •Disclosing data to brokers EDPB Guidelines on the interplay of PSD2 and GDPR .

Ett år med PSD2.
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Den Europeiska dataskyddsstyrelsen (”EDPB”) har konstaterat att regelverket gällande samtycke är komplext, eftersom både PSD2 och GDPR inkluderar någon form av samtycke. EDPB lyfter i samband med detta frågan huruvida uttryckligt medgivande (eng.

PSD2. In this regard, the EDPB notes that the legal framework regarding explicit consent is complex, since both PSD2 as the GDPR include the concept of "explicit consent .
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On 5th July, the EDPR issued a response to the European Parliament's request for clarification regarding how banks should interpret (and indeed comply with) such requirements under PSD2, alongside the obligations under the General Data Protection Regulation 2016/679 ("GDPR"). Explicit consent. The EDPB clarified that "explicit consent" under Article 94(2) of PSD2 is an additional requirement of a contractual nature and does not require the same standard of consent under the General Data

Det är möjligt att lämna synpunkter på förslaget fram till den 16 september 2020. EU: EDPB guidelines on the interplay between the PSD2 and the GDPR. The European Data Protection Board ('EDPB') recently published its guidelines ('the Guidelines') on the interplay between the Payment Services Directive ( (EU) 2015/2366) ('PSD2') and the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR').