• Advanced search
    • Title
    • Channel
    • Module
Hogan Lovells Engage 5.6.14
  1. Insights
  2. CJEU rules on scope of variation provisions under PSD2

CJEU rules on scope of variation provisions under PSD2

18 November 2020
    • Share by email
    • Share on
    • Twitter
    • LinkedIn
    • Get link
    • Get QR Code

Banks and other payment service providers will be relieved to hear that the CJEU in the case of DenizBank AG v Verein für Konsumenteninformation has not followed the previous Advocate General’s (AG) opinion that tacit (or passive) acceptance of changes to T&Cs in payment services contracts could only be available for 'non-essential changes'. Instead, the CJEU found that PSD2 does not restrict the type of terms that can be changed by tacit consent, but where the payment service user is a consumer the UCTD applies. However, the Court has confirmed the AG’s other finding that contactless functionality is a separate payment instrument.

Do you like what you are reading?

Please log-in or register to access Engage and set your preferences

New to Engage?

Create a free account for access to this publication and our vast catalogue of legal updates

Already Registered?

Log-in to continue reading


Log-in
Keywords PSD2, Contactless Payments, NFC Functionality Payment Instrument, Payment Services
Languages English
Topics Payments
Countries Belgium, France, Germany, Hungary, Italy, Luxembourg, Netherlands, Poland, Spain, United Kingdom
Get link
Embed
Share by email
Get QR Code

Scan this QR Code to share this content