GDPR for Payments
GDPR for Payments
GDPR is an important EU wide regulatory mandate. It provides increased protection of individual privacy and gives individuals more control over the information they share.
In our view GDPR is an important element of building a scalable data centric service infrastructure. When individuals are confident about privacy and control then they are more likely to interact and share. This ultimately results in vendors being able to offer better data centric products and services to consumers.
There is a lot that has been said and written about GDPR, its purpose, impact and the myths surrounding it. The penalties for non compliance are severe and the regulatory language not always clear, this has resulted in a number of misconceptions and over-reactions.
The purpose of this article is to look at the online payments value chain and the impact of GDPR for data collected on the payment page of a website.
Data on payment page
While the consumer may share personal data at other interaction points with the merchant our focus is the information exchanged on the check out or payments page.
Typically this information collected on the payment page consists of three categories:
Personal details of the individual such as name
Payment instrument details such as card number, expiry date etc
Address details for delivery of physical goods, for fraud monitoring or for the creation of the appropriate VAT invoice
Capture only essential information
Merchants should take care to only collect information that is actually going to be used to process/authorise the payment and prevent fraud.
For example, is it necessary to collect the individual’s date of birth to process the particular payment instrument chosen by the individual or to perform risk and fraud checks on the transaction?
Consent not needed
As the information is being captured for legitimate business purposes (processing of the transaction) the merchant does not need to obtain explicit consent from the individual.
Take adequate measures for protection of the information
If the merchant relies on their payment partner for the capture of payment information (e.g. re-directs or hosted payment pages) then responsibility for the safe capture and storage of the information rests with the payment partner.
If the merchant captures the information but does not store it then adequate measures should be taken to ensure the safety of the information in transit to the payment partner.
If the merchant stores payment information then adequate measures should be taken for the protection of information while stored at the merchant. Before any payment data is saved for future use, be sure to check local laws to determine whether this requires opt-in consent from the consumer (this varies based on the applicable national laws).
Only store information for as long as necessary
If the refund or chargeback periods for the payment method chosen by the individual have expired and the individual has not opted in for information storage for subsequent one click checkout functionality then personal information should be deleted unless it needs to be retained for another permissible legal reason (e.g., in the event of a pending legal dispute).
Data requests from individuals
Under GDPR an individual has the right to request access to the personal data collected about them, enquire what information is being stored about them, to receive a copy of this information and to have this information deleted only if the lawful basis of processing is based on obtaining the individual’s consent. However since payment information must be captured and processed in order for a payment to be made in exchange for products or services, merchants do not need the consent of individuals to process their data. Instead, they can rely on other lawful grounds for processing (e.g., legitimate interest or pursuant to a contract) and are not required to provide access to or a copy of the data in a portable format, or delete such information in response to a data subject access request.
Contracts with payment suppliers
Be sure you have data processing agreements/addendums (DPAs) in place with all of your third party suppliers who process your customer’s personal data and be sure to conduct due diligence to confirm that they are meeting their contractual obligations to you as a data controller.
Updates to privacy policies and terms and conditions in relation to GDPR
GDPR requires the specific disclosure of how personal data is collected and used. In the past, many privacy policies included broad statements of how personal data might be used in order to give businesses greater flexibility to modify or expand their processing activities without having to provide updates to consumers. This is no longer possible under GDPR – businesses must provide concise, specific descriptions of how personal data is collected and used.
Other items to watch out for
Consent is necessary in order to store payment information for subsequent purchases or other transactions but the requirements for such consent to be valid are different across Europe as it can be impacted by national laws. To avoid non-compliance, many businesses have decided to rely on opt-in consent to store and reuse this data in order to have one uniform approach to storing and reusing payment data.
If information is being collected on the payment page that is not necessary for processing the payment (legitimate interest) but is to be used for subsequent marketing to the individual then explicit consent should be obtained for the capture, use and storage of this information. It is also recommended good practice to separate the capture of legitimate business interest information and information for marketing purposes.
Merchants and payment providers also need to be mindful of so-called privacy impact assessments (PIAs), broader notification duties for data breaches, the requirement to appoint a Data Protection Officer (exceptions apply) and the partially new, partially stricter requirements for ‘privacy by design’ and ‘privacy by default’, i.e. the obligation to implement appropriate technical and organisational measures to aptly protect the personal data of clients.
GDPR is an important regulatory development. Entities in the online payments sector must stay vigilant and compliant in order to avoid related fines and penalties. Where possible our advise is to seek out experts who have experience with payments and GDPR to receive tailored advice. For a list of Gropay’s GDPR related services see here – http://bit.ly/2HwN1ni
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