Procedura potwierdzania dostępności środków na rachunku płatniczym (CAF) – wybrane aspekty prawne
Confirmation on the availability of funds (CAF) – selected legal issues

Summary/Abstract: The main goal of the article is to conduct an analysis of binding provisions with reference to the confirmation on the availability of funds (CAF) issue, also taking into account its anti-monopoly source in the adoption of the Second Payment Services Directive (PSD2). Unfortunately, jurisprudence has actually not yet tacked this issue. Hence the article refers to problems associated with the CAF regulation in the PSD2 and in the Polish Act on payment services. It also provides an analysis of this issue in the light of some selected legal problems, which stem from provisions related to the CAF. Moreover, the goal of the article is to compare the CAF with the payment initiation service, and to examine the requirement to adopt strong customer authentication in the light of the CAF. The article includes also remarks devoted to the shape of the CAF in the light of the PSD2 recitals and the requirement associated with the availability of dedicated interface with reference to the CAF.

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