4 Amendments of Billy KELLEHER related to 2023/0210(COD)
Amendment 196 #
Proposal for a regulation
Article 3 – paragraph 1 – point 55 a (new)
Article 3 – paragraph 1 – point 55 a (new)
(55 a) 'electronic communications service provider' means any provider falling under the scope of: (a) Directive (EU) 2018/1972 (European electronic communications code); or (b) Regulation (EU) 2022/1925 (Digital Markets Act).
Amendment 399 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Where a payment services user who is a consumer was manipulated by a third party pretending to be an employee of the consumer’s payment service provider using the name or e-mail address or telephone number of that payment service provider unlawfully and that manipulation gave rise to subsequent fraudulent authorised payment transactions, the payment service provider shall refund the consumerconsumer shall be entitled to request refund of the full amount of the fraudulent authorised payment transaction under the condition that the consumer has, without any delay, reported the fraud to the police and notified its payment service provider.
Amendment 406 #
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. Within 10 business days after noting or being notified of the fraudulent authorised payment transaction by the consumer and being presented with the police report, the payment service provider shall do either of the following:
Amendment 426 #
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Article 59a Electronic communication service provider’s responsibilities and liability for impersonation fraud Electronic communication service providers and payment service providers shall ensure that all necessary technical measures, including specifically the security of the communication between PSPs and PSUs are in place to prevent fraud within their sphere of competence. Such technical measures shall at a minimum include: (a) confirming the authenticity of all calls and messages routed through telecommunication networks and preventing the use of a particular telephone number that is contrary to the conditions of attribution, authorisation or allocation of that telephone number; (b) preventing the use of electronic mailing for fraudulent purposes; (c) preventing the creation of websites that are used for fraudulent purposes and preventing internet search engines from displaying such websites in the list of search results; and, d) storing proof of all IT and identity verification measures, in particular in the event of SIMSWAP, to justify their due diligence. Such technical measures shall be provided free of charge. As a derogation from Article 59(1), in the event that electronic communication service providers fail to fulfil the technical measures in paragraph 1 of this Article, they shall be financially liable towards the payer’s payment service provider for the amount that the payment service provider has refunded to the payment service user. Electronic communications service providers shall take measures to assist users in identifying and preventing fraudulent actions, including informing users on: (a) how to identify fraudulent attempts; (b) the necessary actions and precautions to be taken to avoid falling victim of fraudulent actions targeting them; and, (c) where to report fraudulent actions and rapidly obtain fraud-related information.