Delegated regulation 2018/389 - Supplement to Directive 2015/2366 with regard to regulatory technical standards for strong customer authentication and common and secure open standards of communication - Main contents
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official title
Commission Delegated Regulation (EU) 2018/389 of 27 November 2017 supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council with regard to regulatory technical standards for strong customer authentication and common and secure open standards of communication (Text with EEA relevance. )Legal instrument | delegated regulation |
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Number legal act | Delegated regulation 2018/389 |
CELEX number i | 32018R0389 |
Document | 27-11-2017; Date of adoption |
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Publication in Official Journal | 13-03-2018; OJ L 69 p. 23-43 |
Effect | 14-03-2018; Entry into force Date pub. +1 See Art 38.1 14-03-2019; Application Partial application See Art 38.3 14-09-2019; Application See Art 38.2 |
Deadline | 14-03-2021; Review See Art 37 |
End of validity | 31-12-9999 |
13.3.2018 |
EN |
Official Journal of the European Union |
L 69/23 |
COMMISSION DELEGATED REGULATION (EU) 2018/389
of 27 November 2017
supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council with regard to regulatory technical standards for strong customer authentication and common and secure open standards of communication
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (1), and in particular the second subparagraph of Article 98(4) thereof,
Whereas:
(1) |
Payment services offered electronically should be carried out in a secure manner, adopting technologies able to guarantee the safe authentication of the user and to reduce, to the maximum extent possible, the risk of fraud. The authentication procedure should include, in general, transaction monitoring mechanisms to detect attempts to use a payment service user's personalised security credentials that were lost, stolen, or misappropriated and should also ensure that the payment service user is the legitimate user and therefore is giving consent for the transfer of funds and access to its account information through a normal use of the personalised security credentials. Furthermore, it is necessary to specify the requirements of the strong customer authentication that should be applied each time a payer accesses its payment account online, initiates an electronic payment transaction or carries out any action through a remote channel which may imply a risk of payment fraud or other abuse, by requiring the generation of an authentication code which should be resistant against the risk of being forged in its entirety or by disclosure of any of the elements upon which the code was generated. |
(2) |
As fraud methods are constantly changing, the requirements of strong customer authentication should allow for innovation in the technical solutions addressing the emergence of new threats to the security of electronic payments. To ensure that the requirements to be laid down are effectively implemented on a continuous basis, it is also appropriate to require that the security measures for the application of strong customer authentication and its exemptions, the measures to protect confidentiality and integrity of the personalised security credentials, and the measures establishing common and secure open standards of communication are documented, periodically tested, evaluated and audited by auditors with expertise in IT security and payments and operationally independent. In order to allow competent authorities to monitor the quality of the review of these measures, such reviews should be made available to them upon their request. |
(3) |
As electronic remote payment transactions are subject to a higher risk of fraud, it is necessary to introduce additional requirements for the strong customer authentication of such transactions, ensuring that the elements dynamically link the transaction to an amount and a payee specified by the payer when initiating the transaction. |
(4) |
Dynamic linking is possible through the generation of authentication codes which is subject to a set of strict security requirements. To remain technologically neutral a specific technology for the implementation of authentication codes should not be required. Therefore authentication codes should be based on solutions such as generating and validating one-time passwords, digital signatures or other cryptographically underpinned validity assertions using keys or cryptographic material stored in the authentication elements,... |
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