§ 4-2. Consent to payment: when is a payment considered authorised?

This section decides when a payment is considered authorised: only when the payer has consented. Consent can be given in the form agreed between the payer and the payment service provider, and this applies both to a single payment and to a series. It can also be given via the payee or a payment initiation service provider.

The general rule on timing is that consent must be given before the payment is executed. The payer and the bank can agree that consent is given afterwards. The payer can withdraw consent at any time until the deadlines for cancelling the payment order under § 4-7 have expired.

The cancellation rules therefore set the limit for withdrawal. Under § 4-7, a payment order as a starting point cannot be cancelled by the payer once the bank has received it. If the payment is initiated by or through the payee, the payer cannot cancel after the payee has received consent for the payment to be executed. Direct debits (direktebelastninger) can nevertheless be cancelled no later than the end of the business day (virkedag) before the agreed debit date. The same applies to payments that are not to be executed immediately. The payer cannot cancel after a payment initiation service provider has received consent for the payment to be initiated. After the deadlines, an agreement between the customer (kunde) and the bank is required, and sometimes also the payee's consent. The bank can charge a fee for cancellation only if this has been agreed in the account agreement (kontoavtale).

§ 4-3 allows the payer to authorise a payee to initiate a series of direct debits on the account. § 4-4 requires that a standing payment order clearly states, among other things, the payee, account, amount limit and times, and the payer's consent. § 4-9 allows the payer and the bank to agree amount limits for payment instruments (betalingsinstrument) used to give consent. § 4-5 says that the account shall not be debited before the payment order has been received, and § 4-6 prevents the service provider (tjenesteyter) from refusing an authorised order when the account terms are met.

Example: A payer has given consent but changes their mind before the payment order has been received by the bank. The consent can then be withdrawn. After the order has been received, it depends on the cancellation rules in § 4-7.