1. Member States shall ensure that a payer has
the right to make use of a payment initiation service provider to obtain
payment services as referred to in point (7) of Annex I. The right to
make use of a payment initiation service provider shall not apply where
the payment account is not accessible online.
2. When the payer gives its explicit consent for a
payment to be executed in accordance with Article 64, the account
servicing payment service provider shall perform the actions specified
in paragraph 4 of this Article in order to ensure the payer’s right to
use the payment initiation service.
3. The payment initiation service provider shall:
(a) not hold at any time the payer’s funds in connection with the provision of the payment initiation service;
(b) ensure that the personalised security
credentials of the payment service user are not, with the exception of
the user and the issuer of the personalised security credentials,
accessible to other parties and that they are transmitted by the payment
initiation service provider through safe and efficient channels;
(c) ensure that any other information about
the payment service user, obtained when providing payment initiation
services, is only provided to the payee and only with the payment
service user’s explicit consent;
(d) every time a payment is initiated,
identify itself towards the account servicing payment service provider
of the payer and communicate with the account servicing payment service
provider, the payer and the payee in a secure way, in accordance with
point (d) of Article 98(1);
(e) not store sensitive payment data of the payment service user;
(f) not request from the payment service user any data other than those necessary to provide the payment initiation service;
(g) not use, access or store any data for
purposes other than for the provision of the payment initiation service
as explicitly requested by the payer;
(h) not modify the amount, the payee or any other feature of the transaction.
4. The account servicing payment service provider shall:
(a) communicate securely with payment initiation service providers in accordance with point (d) of Article 98(1);
(b) immediately after receipt of the
payment order from a payment initiation service provider, provide or
make available all information on the initiation of the payment
transaction and all information accessible to the account servicing
payment service provider regarding the execution of the payment
transaction to the payment initiation service provider;
(c) treat payment orders transmitted
through the services of a payment initiation service provider without
any discrimination other than for objective reasons, in particular in
terms of timing, priority or charges vis-à-vis payment orders
transmitted directly by the payer.
5. The provision of payment initiation services
shall not be dependent on the existence of a contractual relationship
between the payment initiation service providers and the account
servicing payment service providers for that purpose.
