# PSR Article 78 — Right of recourse

Textual state: amended_substantial. 117 words changed; 1 paragraph added

- 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- Compared against: COM(2023) 367 final — superseded.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. Where the liability of a payment service provider under Articles 56, 57, 59, [-75 and -]{+75, +}76 {+and 83 +}is attributable to another payment service provider or to an intermediary, that payment service provider or intermediary shall compensate the first payment service provider for any losses incurred or sums paid under Articles 56, 57, 59, [-75 -]{+75, 76 +}and [-76. -]{+83. +}That shall include compensation where any of the payment service providers fail to apply strong customer authentication.

## New paragraph 1a

{+1a. Where a provider of hosting services within the meaning of Article 3(g)(iii) of Regulation (EU) 2022/2065 does not meet the conditions set out in Article 6(1), points (a) and (b), of that Regulation, in respect of the storage of illegal content within the meaning of Article 3(h) of that Regulation and where such content gives rise to one or a series of unauthorised payment transactions as referred to in Article 56, or to one or a series of fraudulent authorised payment transactions as referred to in Article 59, that provider shall compensate the payment service provider for any losses incurred or sums paid under Articles 56 and 59.+}

## Paragraph 2

2. Further financial compensation may be determined in accordance with agreements between payment service providers or intermediaries and the law applicable to the agreement concluded between them.