PSD3 and PSR: Limited Network Exemptions

The European Union (EU) Commission has presented proposals for a Payment Services Directive (PSD3) and a Payment Services Regulation (PSR), which are set to shape the future of fintech. These proposals contain new rules on limited networks and limited range instruments, summarised as "LNE exemptions". These exemptions are applied in scenarios where there would typically be a payment service or e-money business, but for certain conditions, these are exempt. Examples of payment products that would fall under these exemptions include stadium tickets, gift cards from retail chains, city cards, and fuel cards. The Commission's proposal is reassuring for those dealing with LNE exemptions, as there would be minimal changes to the requirements. However, some uncertainty remains as the regulatory details are yet to be outlined. Despite this, the guidelines from the European Banking Authority (EBA) indicate that the exemptions should remain largely unchanged. This is positive news for those in the fintech industry, offering stability and continuity.

EU's PSD3 and PSR Proposals Unpackaged: the Future of Fintech

In the continuously evolving landscape of financial technology, the European Union (EU) Commission's proposed Payment Services Directive (PSD3) and Payment Services Regulation (PSR) are set to play a crucial role. The new proposals outline the future roadmap of the fintech sector, particularly focusing on Limited Networks and Limited Range Instruments, known as "LNE exemptions".

These exemptions, which typically apply to payment service or e-money businesses under certain conditions, encompass a range of products from stadium tickets and retail chain gift cards to city cards and fuel cards. The proposal, offering minimal changes to the LNE exemptions, brings a sigh of relief for those businesses directly dealing with these exemptions.

Institutions such as Banks, FinTech Companies, Retailers, Stadium Operators, and Fuel Companies will find the continuity and stability reassuring, allowing them to continue offering innovative payment solutions without needing drastic operational alterations. This status quo also fosters a conducive environment for the development of underutilized 'purpose cards', stimulating further innovation within the sector.

Despite the stability, the uncertainty looming around the forthcoming detailed regulatory technical standards (RTS) could induce some caution. The specifics of the RTS, which are yet to be outlined, might slow innovation and investment in the short term.

Nonetheless, the overall sentiment remains positive, as the guidelines from the European Banking Authority (EBA) suggest that significant changes to the exemptions are unlikely. The proposal, in its long-term implications, paves the way for a more robust and transparent fintech industry. Clear regulations would boost trust, encourage growth, and ultimately shape a future where fintech thrives amidst well-defined regulatory boundaries.

As the timeline for these changes is not concrete, financial institutions are advised to closely monitor the development and finalization of the regulatory details for the PSD3 and PSR. Involving regulatory consultants to understand potential impacts and adjustments required for the operations could be a prudent approach. Amidst all these changes, keeping stakeholders informed through clear and proactive communication can effectively manage expectations and foster trust.

In summary, the EU's proposed PSD3 and PSR may usher in a new era for the fintech industry, balancing innovation and regulation. As the industry navigates this transformation, anticipation and preparedness will be key to harnessing the opportunities that lie ahead.

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The EU Commission’s proposals for PSD3 and PSR - Limited Network and Limited Range

We will look at the proposed new rules on limited networks and limited range instruments by the EU Commission for PSD3 and PSR.

PAYMENT.TECHNOLOGY.LAW.Jana Terpetschnig