Dutch Legislation

Title 7b

in force

Payment transaction

Civil Code — Book 7 (specific contracts) (Burgerlijk Wetboek Boek 7 (bijzondere overeenkomsten)) · Articles: 46

Section 1

General provisions

7:514 Article 7:514

In this Title and the provisions based thereon, the following definitions shall apply:

7:515 Article 7:515

This Title applies if both the payer's payment service provider and the payee's payment service provider, or the sole payment service provider…

7:515a Article 7:515a

Only articles 522c and 524 of this Title shall apply to payment service providers that exclusively offer an account information service.

7:516 Article 7:516

During the contractual relationship, the payment service user has the right at any time to request the contractual terms of the framework agreement…

7:517 Article 7:517

Any amendment to the framework agreement and to the information and conditions specified in or pursuant to the general administrative order referred…

7:518 Article 7:518

The payment service user may terminate the framework agreement at any time, unless a notice period has been agreed upon by the parties. Such period…

7:519 Article 7:519

Payment transactions shall take place in the currency agreed upon between the parties.

7:520 Article 7:520

The payment service provider shall not charge the payment service user for its information obligations or the application of corrective or preventive…

7:521 Article 7:521

With regard to payment instruments with a spending limit of € 150 or on which a maximum amount of € 150 can be stored at any one time and which, in…

7:521a Article 7:521a

An electronic money institution shall, upon request by the holder of the electronic money, redeem the nominal value of the electronic money.

7:521b Article 7:521b

The payment service provider shall bear the burden of proof for compliance with the obligations laid down in Articles 516 to 519 inclusive and 521…

Section 2

Authorisation of payment transactions

7:522 Article 7:522

A payment service provider shall execute a payment transaction only with the consent of the payer to the execution of the payment order.

7:522a Article 7:522a

An account servicing payment service provider shall, at the request of a payment service provider that issues card-based payment instruments…

7:522b Article 7:522b

A payer has the right to use a payment initiation service provider for payment services as referred to in Annex I, point 7, of the directive. This…

7:522c Article 7:522c

A payment service user has the right to make use of services providing access to account information as referred to in Annex I, point 8 of the…

7:523 Article 7:523

If a specific payment instrument is used for the purpose of communicating consent, the payer and his payment service provider may agree on spending…

7:524 Article 7:524

The payment service user entitled to use a payment instrument,

7:525 Article 7:525

The payment service provider issuing a payment instrument,

7:526 Article 7:526

The payment service user who is aware of an unauthorised or incorrectly executed payment transaction for which he may hold the payment service…

7:527 Article 7:527

If a payment service user denies having authorised an executed payment transaction or claims that the payment transaction was not correctly executed…

7:528 Article 7:528

Without prejudice to Article 526, in the event of an unauthorised payment transaction, the payer's payment service provider shall immediately refund…

7:529 Article 7:529

The payer shall bear all losses resulting from unauthorised payment transactions if these have occurred because he has acted fraudulently or has…

7:529a Article 7:529a

When a payment transaction is initiated by or through the payee in the context of a card-based payment transaction and the exact amount is not known…

7:530 Article 7:530

A payer is entitled to a refund by his payment service provider of an already executed payment transaction initiated by or through a payee with his…

7:531 Article 7:531

The payer has an unconditional right to request the refund referred to in Article 530 during a period of eight weeks from the date on which the funds…

Section 3

Execution of the payment transaction

7:532 Article 7:532

The time of receipt is the time at which the payment order is received by the payer's payment service provider.

7:533 Article 7:533

If the payment service provider refuses to execute a payment order or to initiate a payment transaction, the payment service user shall be notified…

7:534 Article 7:534

The payment service user may no longer revoke a payment order from the time of receipt, as referred to in Article 532, paragraph 1, unless otherwise…

7:535 Article 7:535

The payment service provider(s) of the payer, the payment service provider(s) of the payee and any intermediaries of the payment service provider(s)…

7:536 Article 7:536

This paragraph applies to:

7:537 Article 7:537

The payer's payment service provider shall ensure that the payment account of the payee's payment service provider is credited with the amount of the…

7:538 Article 7:538

If the beneficiary does not have a payment account with the payment service provider, the funds shall be made available to the beneficiary by the…

7:539 Article 7:539

If a consumer deposits cash in the currency of a payment account with a payment service provider into that payment account, that payment service…

7:540 Article 7:540

By order in council, shorter maximum execution periods than those provided for in this Section may be established for national payment transactions.

7:541 Article 7:541

The value date of the crediting of the payment account of the beneficiary shall be no later than the business day on which the amount of the payment…

7:542 Article 7:542

If a payment order is executed in accordance with a unique identifier, the payment order shall be deemed to have been executed correctly as regards…

7:543 Article 7:543

If a payment order is initiated directly by the payer, the payer's payment service provider shall, without prejudice to Article 526, Article 542…

7:544 Article 7:544

If a payment order is initiated by or through the payee, the payee's payment service provider shall, without prejudice to Article 526, Article 542…

7:545 Article 7:545

In the cases referred to in Articles 543 and 544, the payment service providers are furthermore liable to their respective payment service users for…

7:545a Article 7:545a

When a payment order is initiated by a payer through a payment initiation service provider, the account servicing payment service provider shall…

7:546 Article 7:546

This paragraph applies without prejudice to the right to additional damages under the general rules of contract law.

7:547 Article 7:547

If the liability of a payment service provider under Articles 528, 543, 544 and 545 can be attributed to another payment service provider or an…

7:548 Article 7:548

Liability under Sections 2 and 3 of this Title shall not apply in abnormal and unforeseen circumstances beyond the control of the party invoking…

Section 4

Final provisions

7:549 Article 7:549

By or pursuant to the general administrative measure referred to in Article 4:22 of the Financial Supervision Act (Wet op het financieel toezicht)…

7:550 Article 7:550

The provisions of this Title may not be deviated from to the detriment of the payment service user, unless otherwise provided.

7:551 Article 7:551

It is not permitted to deviate from the provisions laid down by or pursuant to the general administrative measure referred to in Article 4:22 of the…