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Guidelines 06/2020 on the interplay of the Second Payment Services Directive and the GDPR

These guidelines aim to provide further guidance on data protection aspects in the context of the PSD2, in particular on the relationship between relevant provisions on the GDPR and the PSD2.

The main focus of these guidelines is on the processing of personal data by AISPs and PISPs. As such, this document addresses conditions for granting access to payment account information by ASPSPs and for the processing of personal data by PISPs and AISPs, including the requirements and safeguards in relation to the processing of personal data by PISPs and AISPs for purposes other than the initial purposes for which the data have been collected, especially when they have been collected in the context of the provision of an account information service.

This document also addresses different notions of explicit consent under the PSD2 and the GDPR, the processing of ‘silent party data’, the processing of special categories of personal data by PISPs and AISPs, the application of the main data protection principles set forth by the GDPR, including data minimisation, transparency, accountability and security measures. The PSD2 involves cross-functional responsibilities in the fields of, inter alia, consumer protection and competition law. Considerations regarding these fields of law are beyond the scope of these guidelines.