§ 4-16. Third-party services: what the customer can use and what the providers must follow

The Financial Contracts Act (Finansavtaleloven)·LOV-2020-12-18-146

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In brief

The text of the law (unofficial translation)

§ 4-16. Conditions for third-party services

(1) By agreement with a payment initiation service provider (betalingsfullmektig) or an account information service provider (opplysningsfullmektig) (a third-party provider (fullmaktforetak)), the customer may use third-party services on their own payment accounts that are accessible on the internet, cf. § 1-6. It cannot be made a condition that there must be an agreement between the account provider (kontotilbyder) and the third-party provider on the performance of third-party services.
(2) If the account provider has refused the third-party provider access, the account provider shall immediately and in the agreed manner inform the customer of the refusal and state the reason. If possible, the information shall be given before access is refused. The first and second sentences do not apply if objectively justified security considerations are threatened, or if giving the customer this information would be contrary to law or rules issued pursuant to law.
(3) The third-party provider shall ensure that the customer's personalised security credentials are not accessible to anyone other than the issuer of the security credentials and the customer. If the third-party provider is to transmit the customer's personalised security credentials, this shall be done through secure and efficient channels.
(4) Unless otherwise specifically provided, the third-party provider shall not use, store or otherwise make use of access to information for purposes other than performing the third-party service explicitly requested by the customer, and shall not request sensitive payment data, including personalised security credentials that can be used to commit fraud. Information about the account number and the account holder does not constitute sensitive payment data for the third-party provider.
(5) Third-party services shall only be performed when the customer has given their explicit consent to the third-party service. The third-party service shall be performed in accordance with the customer's consent.
(6) The Government (Kongen) may issue regulations (forskrift) laying down further rules on conditions as mentioned in the first to fifth paragraphs and in §§ 4-17 and 4-18.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 4-16

What does this mean?

This section gives the customer the right to use third-party services on their own payment accounts that are accessible on the internet. The Act explains in § 1-6 that a third-party service covers both payment initiation services, which initiate payments from an account offered by another service provider (tjenesteyter), and account information services (kontoinformasjonstjenester), which are internet-based services that collect account information. The account provider cannot require that there is an agreement between itself and the third-party provider.

If the account provider refuses a third-party provider access, the customer must be told immediately, in the agreed manner, and given the reason. If possible, the notice must come before access is refused. The exception is where objectively justified security considerations are threatened, or where informing the customer would be contrary to law.

The third-party provider has its own duties. The customer's personalised security credentials must not be accessible to anyone other than the party that issued them and the customer, and any transmission must take place through secure and efficient channels. The provider must not use or store information for purposes other than the service the customer has explicitly requested, and must not ask for sensitive payment data. Account number and account holder are not considered sensitive. The service may only be performed with the customer's explicit consent, and in accordance with it.

§ 4-17 and § 4-18 set out the conditions for each type of service in more detail, and the sixth paragraph allows the Government to issue regulations on the conditions. § 4-14 requires the payment initiation service provider to provide information after an order has been initiated. § 4-19 and § 4-20 concern the information the bank itself must give the customer about the account.

Example: The customer uses a third-party service, and the account provider blocks the third-party provider's access. As a starting point, the account provider must tell the customer and give the reason, and do so beforehand if possible. If there is an objectively justified security consideration, it does not have to.

Related sections
All sections of the Financial Contracts Act →