Expert Meeting on CYBERLAWS AND REGULATIONS FOR ENHANCING E-COMMERCE: INCLUDING CASE STUDIES AND LESSONS LEARNED. 25-27 March 2015



Similar documents
Expert Meeting on CYBERLAWS AND REGULATIONS FOR ENHANCING E-COMMERCE: INCLUDING CASE STUDIES AND LESSONS LEARNED March 2015

Selecting a Secure and Compliant Prepaid Reloadable Card Program

ACQUIRER OR ACQUIRING BANK A financial institution (often a bank) where a merchant has an account to process transactions and card payments

Code of Conduct for Mobile Money Providers

PAYMENT SYSTEMS IN GHANA

Payment Card Industry (PCI) Data Security Standard

Payment Card Industry (PCI) Data Security Standard

Actorcard Prepaid Visa Card Terms & Conditions

MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.

Chapter 12. Electronic Payment Systems Pearson Prentice Hall, Electronic Commerce 2008, Efraim Turban, et al.

Chapter 12. Learning Objectives. Learning Objectives. Electronic Payment Systems

Section 1: Assessment Information

General Guidelines for the Development of Government Payment Programs

Mobile Banking, Financial Inclusion and Policy Challenges

AYMENTS SYSTEM COUNCIL. The Role of Banks Relative to Non-Banks in Electronic Money Operations

Mobile Payment in India - Operative Guidelines for Banks

BANK OF UGANDA MOBILE MONEY GUIDELINES, 2013 ARRANGEMENT OF PARAGRAPHS

Merchant Account Basics. A compilation of Braintree blog posts

Merchant Account Glossary of Terms

Payment Card Industry (PCI) Data Security Standard

ASIAN LAW AND ECONOMICS ASSOCATION 3 RD ANNUAL CONFERENCE

Global Internet Payment Processing Solution....expand your processing

Innovations in retail payments

Federal Financial Institutions Examination Council FFIEC. Retail Payment Systems RPS. February 2010 IT EXAMINATION HANDBOOK

Payment Card Industry (PCI) Data Security Standard

U.S. Mobile Payments Landscape NCSL Legislative Summit 2013

Evolving Mobile Payments Industry Landscape

Understanding the Digital Financial Ecosystem: Examples from Asia and the Pacific

Payment Card Industry (PCI) Data Security Standard

Background. excerpt from the October 2012, World Bank Publication Innovations in Retail Payments Worldwide a snapshot

Spotlight on Product & Service: Worldpay - End-to-End Payments Secure Platform at Most Cost-Effective Rates. Accept payments. Anywhere. Anytime.

RFP#15-20 EXHIBIT E MERCHANT SERVICES INFORMATION SHEET

Cross-Border Payment Systems and International Remittances

Ambit Card Management Card Management Solution Suite

Payment Card Industry (PCI) Data Security Standard

Payment Systems Worldwide: a Vision of Safety and Efficiency

Asian Payment Card Forum Growing the Business: Launching Successful Consumer Payments Products

CREDIT CARD PROCESSING GLOSSARY OF TERMS

Retail Payment Systems in Turkey

Payments Industry Glossary

PayLeap Guide. One Stop

Bangladesh Payment And Settlement Systems Regulations 2014

Payment Card Industry (PCI) Data Security Standard

Working Paper An Inclusive Approach to Digital Payments Ecosystems:

bi on Solution white paper

Guideline on Debit or Credit Cards Usage

Payment Card Industry (PCI) Data Security Standard

First Data E-commerce Payments Gateway

Regulatory Perspective of Managing Security Expectations in Payments System

Bangladesh Payment and Settlement Systems Regulations, 2009

Guidelines for Card Issuance and Usage in Nigeria

Prepaid Card Terms and Conditions

Egyptian Retail Payments Service Providers

UK Payments Infrastructure: Exploring Opportunities

1i. What other gaps or opportunities not mentioned in the paper could be addressed to make improvements to the U.S. payment system?

Guideline Note Mobile Financial Services: Basic Terminology

BANK OF JAMAICA 1 February Guidelines for Electronic Retail Payment Services

Policies and Procedures. Merchant Card Services Office of Treasury Operations

E-commerce refers to paperless exchange of business information using following ways.

PAYMENT SYSTEMS REVIEW (FISCAL YEAR )

Bangladesh Payment and Settlement System Regulation, 2013

Account Management System Guide

Card Acceptance Best Practices to Manage Rates and Minimize Risk

An introduction to CashFlows and the provision of on-line card acceptance services we provide to Young Enterprise companies

Mutual legal recognition of electronic communications and electronic signatures and paperless trade facilitation: challenges and opportunities

EMP's vision is to be the leading electronic payments processing company in the emerging markets of Africa and the Middle East.

Payment Card Industry (PCI) Data Security Standard

New Regime for the Regulation of Payment Services in Europe

Adjustment A debit or credit to a cardholder or merchant account to correct a transaction error

SESSION 2: POLICIES AND REGULATION FOR FINANCIAL INCLUSION

CONTENTS. Concerns & views from stakeholders in the payment banks ecosystem... 5

Payment Card Industry (PCI) Data Security Standard

GLOSSARY OF MOST COMMONLY USED TERMS IN THE MERCHANT SERVICES INDUSTRY

GUIDANCE ON PAYMENT PROCESSOR RELATIONSHIPS (Revised July 2014)

Payment Card Industry (PCI) Data Security Standard

CRM4M Accounting Set Up and Miscellaneous Accounting Guide Rev. 10/17/2008 rb

EuroCommerce position paper Online e-payments

Position Paper. issuers. how to leverage EC s regulation proposal. on interchange fees for card-based payment transactions

EDUCATION - TERMS 101

BERMUDA MONETARY AUTHORITY

Payment Gateway Proposal

Agent Registration. Program Guidelines. (For use in Asia Pacific, Central Europe, Middle East and Africa)

Payments Gateways Opportunities for Acquirers

Table of Contents TABLE OF CONTENTS 2 PAYMENT CARDS TECHNOLOGY: MAGNETIC STRIPE VERSUS INTEGRATED CHIP...4

E-Commerce, Merchant Processing, EMV and General Best Practices for Municipalities

SIA CARD PROCESSING. Advanced, secure and digital payment solutions

Third Party Agent (TPA) Registration Program - TPA Types and Functional Descriptions

How To Connect Bitcoin To A Bank Account

Payment & Settlement Systems in Sri Lanka and the Future Expectations. Ranjani Weerasinghe Director Payments and Settlements

RESERVE BANK OF MALAWI GUIDELINES FOR MOBILE PAYMENT SYSTEMS

Caribbean Electronic Payments

Saint Louis University Merchant Card Processing Policy & Procedures

An access number, dialed by a modem, that lets a computer communicate with an Internet Service Provider (ISP) or some other service provider.

RETHINKING CARDS BUSINESS. Erick Ho, Head of Payment Services, SunGard 17 September Break through.

Verified by Visa. Acquirer and Merchant Implementation Guide. U.S. Region. May 2011

authengin: A New Generation Financial Payment System for 21 st Century e- Banking and e- Commerce

FREQUENTLY ASKED QUESTIONS - CHARGEBACKS

Merchant Application Form for Credit and Debit Card Payment Gateway

Credit card: permits consumers to purchase items while deferring payment

Attestation of Compliance for Onsite Assessments Service Providers

Transcription:

Expert Meeting on CYBERLAWS AND REGULATIONS FOR ENHANCING E-COMMERCE: INCLUDING CASE STUDIES AND LESSONS LEARNED 25-27 March 2015 Cyberlaws and Regulations for Enhancing E-Commerce The Case for Payment Instruments and Systems By Maria Chiara Malaguti Senior Legal Expert Payments Systems Development Group World Bank The views reflected are those of the author and do not necessarily reflect the views of UNCTAD

CYBER LAWS AND REGULATIONS FOR ENHANCING E-COMMERCE THE CASE FOR PAYMENT INSTRUMENTS AND SYSTEMS MARIA CHIARA MALAGUTI Senior Legal Expert Payment Systems Development Group World Bank

INNOVATIVE RETAIL PAYMENT INSTRUMENTS

WB Global Financial Development Report 2014 Selected methods of payment 2011 mobiles electronically credit cards debit cards 0 20 40 60 80 B:developing e. LB: developed e.

E-MONEY : STORED-VALUE PRODUCTS FOR UNBANKED POPULATION Pre-paid cards and mobiles Branchless-banking (international) remittances

PAYMENT PROCESS Tables from CPSS, INNOVATIONS IN RETAIL PAYMENTS - May 2012 CPMI, NON-BANKS IN RETAIL PAYMENTS September 2014

CLEARING AND SETTLEMENT

Retail payments landscape stylized model

STAGE 1: PRE-TRANSACTION All activities involved in creating the initial infrastructure: payments customer acquisition provision of actual payment instrument (card issuance including personalization, delivery and activation, e-money wallet, cheque manufacturing) provision of related hardware, software and network infrastructure (ATM and POS terminals, cheque and card readers, application processing and web-hosting services, shopping cart software, cheque verification software, connection to payment gateway and related services) provision of security-related technology support (digital signature services, online transaction security systems) other value added services such as provision of data centre services, e-invoicing etc.

STAGE 2: AUTHORIZATION Processes and activities that enable a payment transaction to be authorized and approved before it can be completed: Provision of back-end services (connection between networks and payment instrument issuers, software and related services to issuers to enable pay-or-no-pay decision and fraud screening, checking funds availability and actual debit of payer s account etc) fraud and risk management services to customers and issuers of payment instruments (PIN verification and other identity authentication services, transaction monitoring, sending of alerts to customers) ex ante compliance services (database and application services for identifying and reporting of suspicious transactions).

STAGE 3: CLEARING Activities which enable the submission of claims by members in the payment system against each other and, calculation and dissemination of information relating to payment/receipt obligations of respective members: provision of services to merchants to sort their sales information and submit claims to respective networks calculation of net positions of members by networks ACH operators transmission of clearing orders distribution of advices, etc.

STAGE 4: SETTLEMENT Activities directly related to the posting of credits and debits in the account of the bank/financial institution with the settlement bank (central bank or any other bank) as well as in the accounts of the final payer (customer) and beneficiary (merchant or individual). It also includes activities related to (reversal) accounting for return of transactions/payments.

STAGE 5: POST-TRANSACTION Processes and activities related to provision of various types of value added services for. statement generation (preparation, dispatch and notification of statements to consumers and merchants), reconciliation (matching invoices and payments), dispute resolution (chargeback and dispute processing services), reporting and data analysis, ex post compliance services (reporting to authorities for AML and terrorist financing, back-feeding to ex ante databases)

HOW DOES ALL OF THIS AFFECT REGULATION/LEGISLATION? HOW LEGAL BARRIERS AND REGULATORY ARBITRAGE AFFECT INNOVATION AND DEVELOPMENT?

MAJOR LEGAL ISSUES LINKED TO E-COMPONENT Legal recognition of electronic transfers and electronic archives [e-cheques] Data privacy and security Authentication/electronic signature Fraud and mistake [Irrevocability and finality of orders, enforceability of netting schemes, protection against insolvency]

MAJOR REGULATORY ISSUES LINKED TO E-COMPONENT Role of non-banks Risk governance Access to systems/competition (essential facilities? Silos models?) Interoperability Outsourcing and agency Stored-value instruments and protection of customers funds

HIGH-LEVEL RECOMMENDATIONS FROM INTERNATIONAL BEST PRACTICES Eliminate legal barriers: you can use existing legal standards (UNCITRAL Model Law on Credit Transfers to be updated but still of good use) Innovation includes both: technology and business models. Consider them jointly Take a technology-neutral approach Proportionality as a value: not to under-regulate, not to over-regulate Adopt an holistic approach: innovation in payments has to be seen within the National Payments System

Settlemen t Processing Definitions Major issues Regulatory Objectives of the Central Bank -Finality -System -Clearing -Netting -Central Bank Accounts -Collateral -Central Securities Depositary (CSD) -Access to systems (Banks, MFI, Government, any PSP??) -Interoperability -Operational role of the CB/intraday credit -Oversight -Oversight -Designation vs. licensing of systems -Systemic risk (financial stability) -Systemic risk (financial stability) -Contestability of the market -Efficiency Legal issues -Finality -Netting -Insolvency -Protection of collateral Services to clients -Payment Service Provider (PSP) -Payment instrument -Who should be a PSP? (only banks, also MFI, any entity duly monitored, including money transfers and MNOs??) -Agents -Outsourcing -Oversight vs. supervision -License vs. approval vs. registration -Requirements to enter the market - E-money -On-going oversight -Contestability of the market -Efficiency -Consumer (users) protection -AML/KYC -Access to finance -Redress procedures -Electronic means of transfer (mistake, fraud, allocation of risks) --electronic records -Checks truncation

NPSA Electronic Transactions Law Oversight regulation EFT regulation Guidelines Individual instruments Outsourcing/Agents

PPP Goals Thank you Payment Systems Development Group The World Bank www.worldbank.org/paymentsystems 19