The President of the Office of Competition and Consumer Protection (UOKiK) has published its Position on the interpretation of the provisions of the Act of 19 August 2011 on payment services in relation to unauthorised payment transactions.

The document explains key issues related to transactions that have not been authorised by the client. The President of the UOKiK clarifies the term ‘unauthorised transaction’ and the difference between authentication and transaction authorisation, and explains the recommended conduct of a payment service provider in a situation where a transaction is executed without the consent of the account owner, and the liability of the payer for an unauthorised payment transaction.

According to the Position, the obligation to return to a payer (e.g. a consumer) the amount of a payment transaction arises on the part of a payment service provider (e.g. a bank) at the time of the payer notifying the provider and reporting that the payer has not authorised the payment transaction. Where a payer denies having authorised an executed transaction, the payment service provider is required to return the amount of the transaction immediately but not later than by the end of the working day following the notification.

There are two exceptions from that rule:

• the provider has reasonable grounds and evidence to suspect that the notification constitutes the payer’s attempt to commit fraud and the provider will notify enforcement authorities;
• more than 13 months have passed from the execution of the payer’s disputed transaction.

The full text of the Position (in Polish) can be found here:

https://finanse.uokik.gov.pl/produkcja/wp-content/uploads/Stanowisko-Prezesa-UOKiK-w-sprawie-transakcji-nieautoryzowanych.pdf