Publications

2018: A year of consents and sensitive data as distorted through GDPR and PSD II

Authors: James Debono
Published on May 8, 2019
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Practices: Banking Regulatory
Last year the EU heralded two new laws which rattled the regulatory waters and legal landscapes of a number of EU Member States, while generating significant press coverage across the globe. Initially, the revised Payments Services Directive (Directive 2015/2366 or PSD II) came into force in January, which was then followed by the general data protection regulation (Regulation 2016/679 or GDPR) which kicked into force around the end of May.

CJEU Crystallises the Definition of a ‘Payment Account’

Authors: James Debono
Published on May 3, 2019
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Practices: E-Money & Payment Services
In October last year, the European Court of Justice (CJEU or the Court) hammered home the circumstances under which an online savings account can be excluded from the definition of the ‘payment account’ under the Directive 2007/64 (Payment Services Directive or PSDI), thereby rendering the latter inapplicable. Case C-191/17, Bundeskammer für Arbeiter und Angestellte v ING-DiBa Direktbank Austria Niederlassung der ING-DiBa AG, was the first occasion wherein the Court had to: