# PSD3 Article 23 — Liability

Textual state: amended_substantial. 10 words changed

- Current text: Council final compromise text (Council document 8222/26) — not yet law.
- Compared against: COM(2023) 366 final — superseded.
- Classification is mechanical; method: https://paymentslaw.eu/method/
- Editorial review state: not_assessed. Markers are curated and selective, not a complete assessment.

Word-level diff, proposal → compromise: `{+text+}` was inserted, `[-text-]` was deleted.

## Paragraph 1

1. Member States shall ensure that payment institutions that rely on third parties for the performance of operational functions take reasonable steps to ensure that the requirements of this Directive are complied with.

## Paragraph 2

2. Member States shall require that payment institutions remain fully liable for any acts of their employees, or any agent, [-distributor, -]branch or entity to which activities are [-outsourced. -]{+outsourced or that acts on behalf of the payment institution.+}
