On 29 January 2021, the Kemp Little team joined Deloitte Legal. Click here to view the press release.

As of 30 January 2021, Kemp Little LLP ceased to operate as a firm of solicitors and practice law and ceased to be regulated and authorised by the Solicitors Regulation Authority.

Kemp Little LLP has been re-named KL Heritage LLP.

If you are looking to contact a specific individual to seek legal advice or in respect of any other business relationship, please contact Deloitte Legal.

If you are seeking to contact the old Kemp Little LLP in relation to a previous business relationship or matter, please get in touch with KL Heritage LLP.

For enquiries relating to Kemp Little technology products and training portal, please email deloittelegal@deloitte.co.uk

 


 

Kemp Little is a trade name used under licence by KL Heritage LLP (formerly Kemp Little LLP, registered number OC300242 and VAT number 182 8854 65).

On 29 January 2021, the Kemp Little team joined Deloitte Legal.  As of 30 January 2021, Kemp Little ceased to operate as a firm of solicitors and practice law. From this date Kemp Little ceased to be authorised and regulated by the Solicitors Regulation Authority and is being re-named KL Heritage LLP.

All references to Kemp Little herein are references to KL Heritage LLP, which used to carry on business in that name.

KL Heritage LLP is not connected to or associated with Deloitte Legal or Deloitte LLP in any capacity.

 

Kemp Little
  • Looking for someone?
  • Email us
  • Search
MENU MENU
Insights overview

Commercial technology · Financial regulation · 18 September 2018 · Jake Ghanty

Use of data in the payments industry

The deadline for giving views in response to the Payment Systems Regulator’s (PSR) discussion paper about data in the payments industry passed on 3 September… Read more

more content below

The deadline for giving views in response to the Payment Systems Regulator’s (PSR) discussion paper about data in the payments industry passed on 3 September 2018.

The PSR sought industry and stakeholder views on three areas of interest:

  • Some people’s reluctance to share their payments data with third-party companies providing other payments-related services (overlay services). End-users may be reluctant to share their data with providers of overlay services if they have concerns that their data may not be treated appropriately.
  • Potential providers of new services may have limited access to data about transactions across a whole payment system (global datasets), including those needed to develop new industry anti-money laundering (AML) and anti-fraud measures. Global datasets combine all the transactions in a payment system, and the analysis of global datasets can potentially be valuable in providing insights about the overall transactions processed through the system.
  • Potential barriers that could stop consumers and businesses getting the benefits from additional “enhanced” data attached to transactions. Apparently enhanced data services will make it possible for new forms of data about the end-users to flow through the payment systems.

Overlay services

The PSR has identified that consumers of payment services have demonstrated an unwillingness to use new overlay services, which allow third-party providers and payment service providers (PSPs) to provide services such as confirmation of payee and request to pay, among others. These services typically require consumers to consent to their data being shared. According to the PSR report, lack of trust is key. The report suggests that consumers are not yet inclined to share their data with providers other than their main bank, making it difficult for third parties to gain a foothold in the market.

Additionally, the report finds that people in rural areas and consumers who are older or have disabilities are at risk of being excluded from new and innovative payment services. This is interesting, because there is a perception (perhaps an incorrect one) that older people in particular may not be the most obvious beneficiaries of technological developments. Equally, it seems that people in rural or isolated areas could potentially benefit from new and innovative payment services. This is evident from the Nordic countries, which have led many developments in payment services including mobile payments and other alternatives to physical cash transactions, partly out of geographical necessity.

Global datasets

Most PSPs and third-party providers do not have access to global transaction data, only their own data. The PSR suggests that access to a wider dataset by these providers would be beneficial in terms of developing fraud prevention and AML measures. In the light of this, the PSR is considering opening up access to global data.

While there are some clear advantages to consumers from the use of overlay services (for example, facilitating direct payments between a customer and a retailer, without using the card rails), it has to be for the service providers to convince consumers of the potential benefits of the services. It often seems like benefits associated with the availability of payments data are mostly in favour of the service providers rather than consumers, making the sale of the service tougher.

Enhanced data

Lastly, the PSR addresses the issue of realising the benefits of enhanced data, or payments data that provides more than the bare minimum of information about the transaction. It is suggested that this  information could be used for several purposes, including among others, invoice reconciliation. The PSR identifies the cost to upgrade systems to include enhanced data as well as the need for sufficient demand from end-users as potential obstacles to realising this benefit.

These points all come back to one of the principal questions around the new payment services under PSD2: if you build it, will they come? The PSR takes it as a given that consumers should want to make use of these services and seeks to identify (and presumably remove) the barriers to uptake, although since when did having a good product or service guarantee uptake?

GDPR

The issues discussed by the PSR are intertwined with the requirements of the GDPR. The PSR’s ambitions for the better use of payments data need to be consistent with firms’ obligations under data protection legislation (which the PSR recognised), including notably where an individual is identifiable from payment transaction data. Since the implementation of the GDPR on 25 May 2018, data subjects have increased levels of control over how their personal data can be used.

Overlap between payments and crypto

While on the theme of the overlap of payment systems with other regimes (payments do not exist a vacuum, rather they exist as a means for transferring money for a range of purposes), it is notable to see signs of increasing convergence between the cryptocurrency and traditional fiat currency systems. In the past, the cryptocurrency system has been seen as a way of bypassing existing banking and payments systems. Except that was never quite the case because on most occasions the purchase of a crypto token (at least at some point in a transaction) generally needs to have been supported by a transfer of fiat currency. After the token has been purchased, crypto-to-crypto​ transactions can take place of course. Again, at some point the token holder may wish to encash their holding into fiat currency. Naturally several crypto platforms have recognised the necessity of having the means to process transactions in fiat currency, hence there are examples of firms applying for FCA authorisation (and authorisation elsewhere) to issue e-money and/or provide payment services. Authorisation under PSD2 or 2EMD seems to be an appealing way for a number of crypto firms to enter the regulated arena at present.

 

This article was first published by Practical Law : Jacob Ghanty’s payment services and e-money column: September 2018

  • Share this blog

  • Twitter
  • Facebook
  • Linkedin

Jake GhantyJake Ghanty is the head of financial regulation and a commercial technology partner

Get in touch

View the team

Sign up for our newsletters

  • Share this Blog

  • Twitter
  • Facebook
  • Linkedin

Other stuff you might like

  1. Are your offices ready for a post-lockdown return to work?
  2. Preparing for the New Normal | Webinar
  3. Retail reconsidered | KL Stores: a case study series exploring innovation in retail
The hottest topics in technology
  • Adtech & martech
  • Agile
  • Artificial intelligence
  • EBA outsourcing
  • Brexit
  • Cloud computing
  • Complex & sensitive investigations
  • Connectivity
  • Cryptocurrencies & blockchain
  • Cybersecurity
  • Data analytics & big data
  • Data breaches
  • Data rights
  • Digital commerce
  • Digital content risk
  • Digital health
  • Digital media
  • Digital infrastructure & telecoms
  • Emerging businesses
  • Financial services
  • Fintech
  • Gambling
  • GDPR
  • KLick DPO
  • KLick Trade Mark
  • Open banking
  • Retail
  • SMCR
  • Software & services
  • Sourcing
  • Travel
close
The hottest topics in technology
  • Adtech & martech
  • Agile
  • Artificial intelligence
  • EBA outsourcing
  • Brexit
  • Cloud computing
  • Complex & sensitive investigations
  • Connectivity
  • Cryptocurrencies & blockchain
  • Cybersecurity
  • Data analytics & big data
  • Data breaches
  • Data rights
  • Digital commerce
  • Digital content risk
  • Digital health
  • Digital media
  • Digital infrastructure & telecoms
  • Emerging businesses
  • Financial services
  • Fintech
  • Gambling
  • GDPR
  • KLick DPO
  • KLick Trade Mark
  • Open banking
  • Retail
  • SMCR
  • Software & services
  • Sourcing
  • Travel
Kemp Little

Lawyers
and thought leaders who are passionate about technology

Expand footer

Kemp Little

138 Cheapside
City of London
EC2V 6BJ

020 7600 8080

hello@kemplittle.com

Services

  • Commercial technology
  • Consulting
  • Disputes
  • Intellectual property
  • Employment
  • Immigration

 

  • Sourcing
  • Corporate
  • Data protection & privacy
  • Financial regulation
  • Private equity & venture capital
  • Tax

Sitemap

  • Our people
  • Insights
  • Events
  • About us
  • Contact us
  • Cookies
  • Privacy
  • Terms of use
  • Complaints
  • Debt recovery charges

Follow us

  • Twitter
  • LinkedIn
  • FlightDeck
  • Sign up for our newsletters

Kemp Little LLP is a limited liability partnership registered in England and Wales (registered number OC300242) and is authorised and regulated by the Solicitors Regulation Authority. Its registered office is 138 Cheapside, London EC2V 6BJ. The SRA Standards and Regulations can be accessed by clicking here.

  • Cyber Essentials logo
  • LORCA logo
  • ABTA Partner+ logo
  • Make Your Ask logo
  • FT Innovative Lawyers 2019 winners logo
  • Law Society Excellence Awards shortlisted
  • Legal Business Awards = highly commended
  • Home
  • Our people
  • Services
    • Business restructuring and reorganisation
    • Commercial technology
    • Consulting
    • Corporate
    • Data protection & privacy
    • Digital content & reputation risk
    • Disputes
    • Employment
    • Financial regulation
    • Immigration
    • Innovation
    • Intellectual property
    • Private equity & venture capital
    • Sourcing
    • Tax
    • Travel
  • Resources
  • Insights
  • Covid 19: Your Business Continuity
  • Events
  • About us
    • Who we are
    • Our social responsibilities
    • Our partnerships
    • Join us
  • Contact us
  • FlightDeck
  • Sign up for our newsletters
  • Follow us
    • Twitter
    • LinkedIn
close
close
close

Send us a message

Fill in your details and we'll be in touch soon

[contact-form-7 id="4941" title="General contact form"]
close

Sign up for our newsletter

I would like to receive updates and related news from Kemp Little *

Please select below any publications that you would like to receive:

Newsletters

close

Register for future event information

[contact-form-7 id="4943" title="Subscribe to future events"]
close
close
Generic filters
Exact matches only

Can't remember their name? View everyone

  • Home
  • Our people
  • Services
    • Business restructuring and reorganisation
    • Commercial technology
    • Consulting
    • Corporate
    • Data protection & privacy
    • Digital content & reputation risk
    • Disputes
    • Employment
    • Financial regulation
    • Immigration
    • Innovation
    • Intellectual property
    • Private equity & venture capital
    • Sourcing
    • Tax
    • Travel
  • Resources
  • Insights
  • Covid 19: Your Business Continuity
  • Events
  • About us
    • Who we are
    • Our social responsibilities
    • Our partnerships
    • Join us
  • Contact us
  • FlightDeck
  • Sign up for our newsletters
  • Follow us
    • Twitter
    • LinkedIn