Banking Law and Cashless Payments
We are a reliable partner for payment and credit institutions and companies active in the field of cashless payments. Our expertise is trusted not only by companies issuing debit or credit cards but also by many other firms offering payment services. With the Payment Services Act 2018 (ZaDiG 2018), new market players such as FinTechs are subject to the regulatory framework of the Financial Market Supervisory Authority (https://www.fma.gv.at). We help companies obtain a licence and make their payment process legally compliant. In the event of any changes in payment transaction law, we assist companies in the implementation of new regulations.
Our Expertise for Companies
Our extensive experience in working with numerous Austrian and foreign payment and credit institutions in every area of their business means that we can provide companies active in this field with the best possible service. We can help make sure you are legally compliant when providing your payment services or assist you in obtaining the appropriate licences. Payment and credit institutions, as well as financial service providers, can rely on us for everything from contract drafting and processing to debt collection.
Licences for Companies and FinTechs
Good contract design creates long-term security opposite banking supervisory authorities (OeNB - Austrian National Bank, FMA - Financial Supervisory Market Authority). This applies to all companies subject to supervision by the banking supervisory authorities. As a result of technological developments, it also applies to many other companies. Due to the Payment Services Act (ZaDiG 2018), FinTechs (for example payment initiation services and account information services) and other market players are also subject to this legal framework and thus to financial market supervision. We assist you in complying with the supervisory requirements.
Our Services Regarding Banking Law
- General terms and conditions / customer guidelines for banking products and banks
- Licensing procedures
- Assessment of banking products regarding legal regulatory requirements (for example the Payment Services Act 2018 - ZaDiG 2018, Austrian Distance Financial Services Act - FernFinG, Austrian Distance Selling Act - FAGG, Austrian Consumer Protection Act -KschG, etc.)
- Notifications to the Financial Market Supervisory Authority
- Legal enquiries regarding payment transactions
- Contractual arrangements between credit and payment institutions and their contractors (outsourcing agreements)
Zahlungsverkehr: Verkauf der Clearing Services durch OeNB an PSA - rechtliche Betreuung der PSA (als PDF)