Banking, Austria updates

GDPR versus PSD II – right of access to information versus charges for information
Schima Mayer Starlinger
  • Austria
  • 08 November 2019

The Federal Administrative Court recently confirmed that a credit institution had violated its obligations under the EU Data Protection Regulation by refusing to provide its customer access to information – at no cost – on specific payment transactions effected in the previous five years. Consumer protection organisations and the Austrian press celebrated the decision, but on closer inspection, those cheers seem to have been uttered a little too early and the celebrants' expectations appear to have been a little too high.

FMA extends deadline for strong customer authentication for e-commerce card payments
Schima Mayer Starlinger
  • Austria
  • 25 October 2019

Following the recent agreement reached by the European Banking Authority, the Austrian Financial Markets Authority extended the deadline for implementing strong customer authentication for card payments in e-commerce transactions. The extension applies only to card payments in e-commerce transactions; all other types of transaction require full compliance with the strong customer authentication standards.

Credit insurance – void assignment for breach of banking secrecy
Schima Mayer Starlinger
  • Austria
  • 27 September 2019

The Supreme Court recently extended to credit insurers its established jurisprudence that banking secrecy may prevent a statutory transfer of credit claims on fulfilment of such claims by a third party. Further, the court affirmed its view that the purpose of making a credit claim recoverable does not constitute an overriding interest that could breach banking secrecy.

Frolicking in the (cash)pool? Hesitant embrace of state-of-the-art cash management
Schima Mayer Starlinger
  • Austria
  • 30 August 2019

The Supreme Court recently dismissed an insolvency administrator's complaint challenging the enforcement of an account pledge provided to a bank as security for a notional cash pool arrangement. The court's guidance on the advantages of cash pooling arrangements and on contractual minimum requirements must be considered when structuring new or reviewing existing cash pool arrangements of any kind.

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