# PSR Article 56 — Payment service provider’s liability for unauthorised payment transactions

Textual state: amended_substantial. 188 words changed

- Current text: Council final compromise text (Council document 8221/26) — not yet law.
- Compared against: COM(2023) 367 final — superseded.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. Without prejudice to Article 54, in the case of an unauthorised payment transaction, the payer’s payment service provider shall refund the payer the amount of the unauthorised payment transaction immediately, and in any event no later than by the end of the following business day, after noting or being notified of the unauthorised transaction, except where the payer’s payment service provider has [-reasonable grounds -]{+objectively justified reasons +}for suspecting [-fraud committed by -]{+that +}the payer {+failed with intent or gross negligence to fulfil one or more of the obligations under Article 52, +}and communicates those grounds to the [-relevant national authority -]{+payer +}in [-writing. -]{+writing, or for suspecting fraud committed by the payer.+}

## Paragraph 2

2. Where the payer’s payment service provider had [-reasonable grounds -]{+objectively justified reasons +}for suspecting [-fraud committed by -]{+that +}the [-payer, -]{+payer acted fraudulently or failed with intent or gross negligence to fulfil one or more of +}the {+obligations under Article 52, the +}payer’s payment service provider shall, within [-10 -]{+15 +}business days after noting or being notified of the transaction, do either of the following: (a) refund the payer the amount of the unauthorised payment transaction if the payer’s payment service provider has concluded, after further investigation, that [-no fraud has been committed by -]the [-payer; -]{+payer did not act fraudulently or fail with intent or gross negligence to fulfil one or more of the obligations under Article 52; +}(b) provide a justification {+to the payer +}for refusing the refund and indicate the bodies to which the payer may refer the matter in accordance with Articles 90, 91, 93, 94 and 95 if the payer does not accept the reasons {+provided, and, where the payment service provider concludes that the payer acted fraudulently, communicate the reasons for that conclusion to the relevant national authority. For the purpose of the paragraph 2, point (b), Member States shall publish the name of the relevant national authority to whom the justification is to be +}provided.

## Paragraph 3

3. Where applicable, the payer’s payment service provider shall restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place. The payer’s payment service provider shall also ensure that the credit value date for the payer’s payment account shall be no later than the date the amount had been debited.

## Paragraph 4

4. Where the payment transaction is initiated through a payment initiation service provider, the account servicing payment service provider shall refund immediately, and in any event no later than by the end of the following business day, the amount of the unauthorised payment transaction and, where applicable, restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place.

## Paragraph 5

5. If the payment initiation service provider is liable for the unauthorised payment transaction, the payment initiation service provider shall immediately compensate the account servicing payment service provider at its request for the losses incurred or sums paid as a result of the refund to the payer, including the amount of the unauthorised payment transaction. In accordance with Article 55(1), the burden shall be on the payment initiation service provider to prove that, within its sphere of competence, the payment transaction was authorised, accurately recorded and not affected by a technical breakdown or other deficiency linked to the payment service of which it is in charge.

## Paragraph 6

6. [-The payer may be entitled to -]{+Any +}further financial [-compensation from -]{+loss caused to +}the [-payment service provider -]{+payer may be compensated +}in accordance with the law applicable to the contract concluded between the payer and the {+relevant +}payment service [-provider or the contract concluded between the payer and the payment initiation service provider, where applicable. -]{+provider.+}