Facebook: a limited network exemption in the Netherlands?

Here is a brief post, to alert professionals in the field to the fact that Facebook Inc has in the Netherlands been registered as an exempt institution out of scope of the payments directive based on the article 3k/3l in the PSD2:

The filing occured in february 2020 but it is not the only entry in our registers. The same company holds an incoming EU-license, originating from Ireland, to do payments business as a cross-border service. So there is a generic incoming payments license (see the blog here), the discussion on Libra/Calibra (see here) but also a local exemption.

What is the exemption all about: origins

When we go back to the original legislation we see the PSD2 having an exemption for small scale payment methods. 

This exemption dates back to the e-money directive of 2000 which stipulated a waiver for small scale appearances of e-money. 

And this waiver was born out of the understanding of supervisors that it would not make sense to go about checking all kinds of sports events, local stadiums or situations where owners of closed loop ecosystems offered digital forms of money on cards. It specifically took out campus-money systems as too irrelevant to be concerned about. Although also those campus systems were bound to rules as to refunding on request, proper contractual arrangements and limits on the devices.

Exemption in practice for Facebook: for gaming

The register seems to outline in-gaming payments as the focus for the exemption: 

Facebook provides an in-gaming payment service which enables Facebook users to purchase digital content within online games.

Now, as I don't know the details of the mechanism at play, nor the considerations of the regulator, I do wonder how this works. Does this mean that if Facebook puts in place a closed loop payment environment for games, they steer away from all regulation? Regardless of their worldwide scope?

I don't think this was really the intention of that exemption, so I am a bit puzzled here. 

Or is it a crypto-asset?

The next question is: would it perhaps fall under the definition of crypto-asset of the recently proposed EU legislation:"

(b) ‘crypto-asset’ means a digital representation of value or rights, which may be transferred and stored electronically, using distributed ledger or similar technology;  

Technically I would say yes, because similar technoloy in terms of distributed ledgers is a wide concept, effectively encompassing all ICT-tooling available. But the jury is still out of course.

Where are we heading with Facebook in Europe?

While we can fuss about the small print, as above, I think the regulators would be well advised to look at the broader picture. Facebook has a bad track record in terms of supporting proper communication, democracy and being responsible to parliaments. It violates EU privacy laws and is taking the EU to court to push away that problem.

Meanwhile all the stablecoin reports have a huge red bulb flashing: watch out for worldwide bigtech platforms doing their own payment think and destabilising economies. Don't let them move. With the result that Facebook quickly rebranded its Libra initiative into a different name (separating profitable single wallet business from the dead-on-arrival Libra-long term identity play - see 3 blogs here).

Of course I might be missing something here in the picture. But if anyone can explain why it would make sense to exempt inpayment gaming payments on worldwide Facebook as a limited network, I am open to ideas.

 

Retailer Albert Heijn demonstrating innovation and making payments the afterthought it is

Three years ago, when we were all pondering the impact of PSD2 on the payments market, I was challenged to outline where I believed the innovation in payments would occur. My response then was that we needn't forget the area that we forget to look when speaking at banks. I was in particular referring to retailers, using technical innovations to provide shopping solutions with an almost invisible payment experience afterwards (based on old school direct debits).

Fast forward to today, where it turns out that by summer (the time we may indeed implement the PSD2 in the Netherlands) Albert Heijn will open its first checkout-free AH to go store. The store, the first of its kind in the Netherlands, will be located at a high-traffic location in Amsterdam and will be deployed with “tap to go” technology that allows customers to pay for groceries with a card or a smartphone without going through the register. 

As the video shows, the card itself will be an NFC-card version of the well-known loyaltycard (Bonuskaart). It uses the identification features of the card to register the purchases, with payments occuring later via the regular direct debit mechanisms of banks.

So there we are: we find a non-bank, identity-based commercial app that uses new technology to make payments the afterthought that they really are. And we will see many more to come.

Dutch central bank can further encourage innovation for payment institutions with a quick win

Article 18.2 in PSD2 (Article 15 in PSD1) on the nature of funds
 in a payment account of a payment institution

It's a logical thing. As the bakery provides bread, banks provide loans and allow savings, e-money institutions offer e-money, payment institutions are allowed to provide payment accounts to their customers. These accounts would neither be redeemable deposits or repayable funds, nor e-money, as the article in the PSD(2) states.

Stricter interpretation by De Nederlandsche Bank 
De Nederlandsche Bank, our local supervisor, however does not appear to allow the above flavour in the Netherlands easily. Companies that have business models in which payment accounts (whether with or without IBAN) are offered, should not be surprised if they are told that the funds would qualify either as redeemable deposits or e-money, with little inbetween.

 As a result, one will not encounter a lot of payment-account issuing by payment institutions in the Netherlands. And this is in spite of the fact that even the Explanatory Memorandum of our Financial Supervision Act explicitly mentioned this possibility.

Other supervisors follow the EU-approach 
Thus we can see issuers from other countries, such as Pocopay from Estonia, offer payment services and payment accounts to students where these can't be offered by local players. On their website, we see this issuer outlining (USING CAPITALS) in the terms and conditions that the funds are not redeemable, to be used for payments and not covered by deposit insurance of any kind.

Other instances can be found in German or French markets, leading to the situation that Dutch payment institutions are restrained in product innovation and less able to compete with PIs from other countries, which may offer a broader solution range to their customers.

Quick win to facilitate innovation in payments in the Netherlands 
There is a clear quick win here in the Netherlands in terms of payment regulation. Instead of claiming that funds are either deposits or e-money, De Nederlandsche Bank should more easily allow payment institutions to also offer the third flavour: non-redeemable funds on payment accounts, used for payment purposes.

Of course, one could raise the question whether it is possible to make such a business model work, but it should be the market that decides rather than the supervisor.

This article is a translation of a contribution to the Financieel Dagblad of July 29, 2017.

From DNB Coin to ECB Coin...?

About a year ago, it became clear that the Dutch central bank, much like other central banks, was actively experimenting with blockchain technology to further establish pros and cons of distributed ledger technology. It had developed a so-called DNB-coin - a private fork of the bitcoin blockchain - which further reinforced a whole discussion on central bank issued bitcoin-like currencies (Fedcoin as outlined by the blog of JP Koning).

Fast forward to the EU parliament, where last week, rapporteur Cora van Nieuwenhuizen presented a draft Fintech report, that calls on the European Commission to draw up a Fintech Action Plan. And in this plan, under item number 6, the ECB is recommended to launch experimentations with a 'virtual Euro'. I think we may dub this as the call for an ECB-coin.

One can only guess what exactly would be meant here, but my best guess would be that this means the ECB can now freely choose to experiment with methods for distributing digital euro's using advanced blockchain or distributed ledger technology. So would they design it themselves, or involve themselves into market initiatives such as R3, Hyperledger?

Anonymous ECB-coins or not? 
Time will undoubtedly tell how this experiment with ECB-coins will evolve. We should note however that, there is also a European legislative initiative to limit the use of cash. So it appears logical that the cash-limiting initiative could reinforce the development of central bank issued virtual currencies (i.e. euro's on a blockchain).

Those will not be truly anonymous ECB-coins, if you ask me. Close reading of this last legislative proposal, I noticed that anonymous digital currencies (such as the good old digicash) are not truly desired:

In view of the development of cryptocurrencies and the existence of other means of payments ensuring anonymity, an option could be to extend the restrictions to cash payments to all payments ensuring anonymity (cryptocurrencies, payment in kinds, etc.) 

The end of anonimity and begin of pseudonimity 
In sum we will be watching the end of anonimity, but this may not be its true end. I think it would be fairly easy to device new business and payment models where one slices off the good-reputation of a payer/payee (not blacklisted, no terrorist etc) into a pseudonomous, tokenised system that allows payer, payee and all involved financial institutions not to know each other but still transact securely and within the legal parameters as set by society.

Which most likely brings us back to square one: the blockchain.

A new FAQ for PSD2 would be very useful to harmonise interpretations across Europe

Summary

The second Payment Services Directive, published end of December last year, is an important and welcome next in the further integration of payment services in Europe. In order to achieve a true European level playing field ‘on the ground’, a clarifying FAQ for those who prepare its implementation today would be very welcome.

A FAQ that explains how the PSD2 definitions will apply in all Member states to the variety of business models and transaction mechanisms observed, will enhance the purported level playing field. This harmonised guidance is just as important as the FAQ/guidance provided for the first PSD. Both regulators and the market have further developed since PSD1 and it is essential to recognise some of the underlying dynamics and developments of the payments market.  

1. Out of scope, limited network or regulated?

At present, member states use the harmonised PSD-rules to determine whether or not a certain business model defines as a payment activity or can be categorised as an exemption. Both in terms of content and process, the approaches vary considerably between supervisors. The feedback of supervisors varies from an elaborate argumentation to merely the brief outcome of an internal review process. 

Also in terms of content, the approaches vary. Business models that are out of scope in one member state may be exempt or require a license in others. The lack of a central register of supervisory statements on those matters makes this hard to identify, but the PSD2 will change this. All business activity exempted under article 3k and 3l, must be notified and the exemption decision will be published in a central register.

The practical consequence is that market participants can more easily determine which business models are exempted in which countries. This means that the supervisors must ensure that their qualifications are well-grounded and harmonised. One of the major challenges in this respect is to take into account the technological and market developments.

2. Technological developments: open and device-agnostic

Just one look at a user’s technical environment demonstrates that the major trend in payment technology development is the move from closed, bespoke systems and standards to more open structures. Whereas previously payment providers would control (sometimes own) all technological instruments to be used in a payment transaction, this is no longer the case.

The future infrastructure setting is one in which consumers and merchants will use their own technical device, and providers need to ensure that it can be used safely. We can now see card-based payments, where no plastic is used anymore, as the payment is made via a virtual card application in the mobile phone or PC. At the same time, in the back-office, the systems are opening up to the outside world via Application Programming Interface’s (APIs). Rather than having one instrument that operates as a shopping and a payments tool simultaneously, we can see that the value chain of search, shop and pay can be arranged via modularized interfacing of channels and technologies.

Therefore, when assessing the qualification of the technologies in todays payments, an open and functional approach is required. The classical approach, in which one tries to find the main device (such as a card) that services as the payment instrument and then builds the further classification of a system around that instrument, will no longer work. There will be all kinds of devices and technical tools and while some may classify as payment instruments, others may not.

Fortunately, the definition of payment instrument in the payment services directive enables this functional approach. The definition mentions both ‘a personalized device’ and/or a ‘set of procedures’ to be viewed and defined as the payment instrument:

"payment instrument" means a personalised device(s) and/or set of procedures agreed

between the payment service user and the payment service provider and used in order

to initiate a payment order;

3. Where is the commerce and where is the payment transaction?

As technology slices up the commercial value chain, we should note the relevance of the last element of the definition of payment instrument: ‘to initiate a payment order’. There is a clear difference between the commercial use of devices for purchases (apps, shopping carts on the web, nfc-identification devices) and the later moment in which aggregated purchases are actually being paid. This can be compared to the difference between the shopping cart/button on a website and the payment button.

The main question to ponder is therefore: does the technology service allow the user to make a payment to any other payee in Europe (under the SEPA-rules) and is the transaction actually a payment order, or is it merely a shopping transaction, with payments being arranged later on.

I wouldn’t be surprised if in the next years, we will witness a shift away from devices as the actual payment instrument. It may be more suitable to put the (user) accounts centre stage as the actual payment instrument. When applied by retailer organisations, such a choice will enable them to build a multi-channel sales-channel in which the device used is irrelevant. The sales channel aggregates purchase transactions towards the user account at the retailer. In cases where the retailer merely aggregates these purchases and initiates a direct debit for the total sum to be paid, this remains an administrative account as the actual payment account in the process is that of the bank. Only in cases where actual payments orders are initiated from such an account, it would become the payment account as well as the payment instrument for the commercial transactions.

It is crucial to distinguish the commercial from the payment process domain when evaluating apps and identification tools on the market. The actual payments can be expected to become the afterthought of commerce, rather than a primary service. These can flow via a payment account in the background, which is provided by retailer, bank or payment service provider. It is that account that will then function as the payment instrument in the commercial transaction and not the purchase device/application used. Supervisors should thus not immediately label ‘the card’ or any specific technical tool in a commercial business model as the payment instrument.

4. Areas and definitions of interest for the application of the PSD2

We’ve seen that the democratisation of technology allowed non-bank payment service providers to enter the payment space. Among those will also be retailers that can leverage the technology to provide a better customer experience. If those retailers are to use a services and customer contract with a monthly SEPA-direct debit agreement in the background, the payment services directive will not be relevant for them.

Similarly there is the question whether the payments services directive would have to apply to intermediary web-based platform companies that help users transact among themselves. Such business models could be in or out of scope based on the interpretation whether:

- the payments are seen as a regular occupation or business activity (art 1,2b),

- the agency model applies,

- the new definition of acquiring applies,

- the limited network exemption applies.

I hope that the collective of regulatory players involved in the transposition and application of the PSD2 will succeed in addressing those scoping and definitions issues early-on. In this respect the publication of a FAQ on those issues, may be a very effective tool to clarify and ensure the level playing field.

Now that the voting on the PSD is done, the real work starts...

The second Payments Services Directive, also known as PSD2, will be officially established today. In the plenary session discussion yesterday all political groups backed the achieved consensus and highlighted the benefits to consumers, the increased security of payments, further innovation in the payments area and lower cost overall.

Some work ahead...
We should realize however, that with the promulgation the real work will start for a whole range of involved players. First and foremost, there is a lot more work ahead for regulators and supervisors in the transposition process, but in particular also for the European Banking Authority. The PSD2 that seeks to open up access to banks and customer bank accounts for new players, leaves quite a bit of work to be done by EBA.

EBA should:
- develop rules on level of guarantee/professional indemnity insurance for payment initiation service providers and account information service providers,
- set up standards for cooperation and data exchange between local supervisor and resolve disputes on different applications of the PSD2,
- set up a central register of payment institutions and agents licensed under the directive,
- develop regulatory standards that define when the appointment of a central local contact point can be demanded by local supervisors and what its functions should be,
- be informed immediately in the case of emergency situations (such as large scale fraud),
- coordinate requirements as to the security frameworks applied,
- specify the requirements of common and open standards of communication to be implemented by all account servicing payment service providers that allow for the provision of online payment services,
- develop guidelines on a harmonised set of information to be provided during the application for a payment institution license,
- publish local exemptions under article 3k and 3l in the public register,

Clarity for industry on EU-application of definitions and scope
When the first PSD was delivered, it turned out that quite some players in the market required timely insights as to the future scope of the directive and how it would impact them. The European Commission then published an FAQ that further outlined how definitions should be understood.

It seems to me that it would be worthwhile to perform a similar exercise right now as there are quite some areas that can give rise to questions. As an example: the recital on the agency exemption leaves open the existence of agents for both buyer and supplier as long as the agent does not enter into posession of the funds. Yet, the definition of acquiring appears to be purposefully wide, meaning that such commercial agents might after all be viewed as acquirers.

The sooner this clarity is provided, the better it is, as the lead time for setting up and getting a license as a payment institution is similar to the lead time that now exists for transposing the PSD2.

I therefore hope that, for the sake of a proper EU level playing field, the collective of regulatory players involved in the transposition and application of the PSD2, will seek to address those scoping and definitions issues early-on.

ECBs renewed virtual currencies report: implications for the Third Payment Services Directive

This week the European Central Bank (ECB) revisits the subject of virtual currencies (VCS) in a renewed virtual currencies report with a further analysis. I have read the publication with interest to discover that the previous position on the subject essentially remains the same:
- virtual currencies don't come near money or legal tender concepts,
- the uptake of virtual currencies is still very limited
- the wait and see approach of the ECB will be continued.

The typical paragraph that summarises this approach is:
The usage of VCS for payments remains limited for now, which implies that there is not yet a material risk for any central bank tasks, including promoting the smooth operation of payment systems. However, a major incident with VCS and a subsequent loss of trust in VCS could also undermine users’ confidence in electronic payment instruments, in e-money and/or in specific payment solutions. 

Whereas at first sight the report doesn't lead to a lot of new insights, the broader scope of its definition of virtual currencies does beg a number of fundamental questions with respect to the future regulation of payments. These questions lead me straight into a renewed regulatory approach, to be used in the Third Payment Services Directive.

An improved definition
The major improvement of this Eurosystem-report over the previous one lies in its correction of the definition used for virtual currencies. In an earlier blog I commented that the definition was too vague:
“A virtual currency is a type of unregulated, digital money, which is issued and usually controlled by its developers, and used and accepted among the members of a specific virtual community”.
With this report, the definition of virtual currencies has formally changed into:
"a digital representation of value, not issued by a central bank, credit institution or e-money institution, which, in some circumstances, can be used as an alternative to money."

I am quite pleased with this change as it allows for a better understanding and classification of the subject of virtual currencies. Interestingly, the elimination of the element of decentralized issuance leads to a far broader range of virtual currencies than previously discussed. And this leads to an interesting follow up question.

Virtual currencies are suddenly everywhere... 
The table below lists the major payment options in the Netherlands, with the virtual currencies listed at the far right. When looking at the turnover figures, one can understand why the Eurosystem will be primarily monitoring the virtual currency scene. The most interesting observation is however that all the blue coloured segments of the table are now also considered to be virtual currencies.

We can see that in particular the giftcard and transport payments (which are out of scope of the payment regulations for a number of reasons) do amount to quite a substantial payments volume. Literally these payments are now also considered to be payments with virtual currencies. And from an analytical perspective, this is a logical consequence.

Regular (e-) payments	OV-Chipcard	Mobile telephone	Retailer Giftcards	Bitcoin / alt-coins
16 million per day	5 million per day (includes loads)	Premium services	500.000 - 1.000.000 per day	Less than 1000 trx per day in NL
€ 903	€ 2 - € 20	€ 2- € 5	€ 12	€ .?
Payment Services Directive (PSD)	Exemption under PSD1	Explicit exemption of PSD1	Out of scope when issued as a single retailer	Out of scope of PSD

Effectively we can now better appreciate today's payments world, seen from the eyes of the consumer. Because the consumer is not bothered by the details of Payment Services Directives and obscure exemptions of mobile payments. The consumer will use the mobile or ticketing payment means as a matter of convenience (or: obligation) and will have to undergo the payment experience as a fact of life.

Particularly in the Netherlands this leads to the interesting situation where a sloppy and easily hackable implementation of NFC is being widely used for public transport payments, alongside a safer NFC implementation of banks that is still working on its nationwide roll-out. Users use them both.

Similarly interesting was the occurrence, last month, of a virtual currencies bank run. As retailer V&D threatened to go out of business, one could witness the sale of its pre-paid gift cards on Marketplace (the Dutch ebay) for considerable discounts. At the same time everyone in the Netherlands dug up and spent their old gift cards, before it was too late.

What the third Payment Services Directive will have to look like 
If we take the wider definition of virtual currencies that the ECB uses, it becomes clear that the user experiences with virtual currencies (and losses: for example the sudden vaporisation of retailer gift card value after a period of 18 months) happen alongside the heavily PSD-regulated instruments and mechanisms.

Based on some prudential rules we now burden some forms of payments with a whole lot of rules, while we neglect all schemes that are out of scope (but may still have relevant consumer effects). This difference is - in my view - too big and requires a changed approach to be used for the Third Payment Service Directive (PSD3).

Under the Third Payment Service Directive, we should recognise that payments can and will be made and offered by everyone to everyone. The PSD3 should thus define a light-weight conduct supervisory framework for all payment mechanisms, regardless of the institutional status of the issuer. Alongside this wide conduct framework, we keep the current prudential framework intact, which outlines the prudential rules applicable to the different institutional payment setups (e-money, payment institution, bank).

The new conduct based framework would apply to payment mechanisms and e-money alike and have as a goal that the user is always properly informed on the basic terms and conditions, redeemability etcetera. The control-mechanisms should not be supervision based, but could be reputation-based for example, allowing the market to monitor and redress, rather than costly supervisors. Only in exceptional circumstances would a European conduct supervisor step in.

In sum: more analysis ahead
The broader scope of the Eurosystems definition of virtual currencies begs a number of fundamental questions with respect to the future regulation of payments. In particular the area of non-regulated payment schemes at the fringes of the PSD might deserve more attention than they do receive right now.

Not only could the question be whether or not a separate regulatory conduct-framework should apply, the European Retail Payments Board might also decide to expend its analysis towards these mechanisms, particularly when they reach a volume/scale which is equivalent to that of the regular payments.

Where and how to look for innovation in payments ?

This week I had the pleasure of joining a panel on retail payments innovation as a part of a seminar by van Doorne and Innopay on the Payment Services Directive and the future changes for the payment industry. Panel chair Gijs Boudewijn challenged me to formulate some thoughts on the future direction of retail payments. I answered that the best place to look would be in places and via perspectives that we could be overlooking right now.

1. Is it access to the account or a traceable id that matters?
There is a lot of discussion on the text of the second Payment Services Directive and on the legal and technical mechanisms that are required to make access to the account work. Due to their origin, these discussions are quite bank centric and the implementation issues surrounding this topic will drain a lot of resources of many players involved.

While being busy with this PSD2 issue, we may overlook the fact that all one really needs is a simple chip-id. In the Netherlands for example, one could use the chip-id of public transport ticket issuer TLS as a basis for use in hip and new proprietary retailer/consumer applications. These would combine the chip-id with an intelligent voucher/billing/customer system that utilises SEPA-direct debits in the back-end. It would provide a smooth customer and retailer experience while the bank only sees regular transactions.

My proposition here is that if we're all looking towards access to the account as the hot spot for innovation, we may be looking in the wrong direction. It might be more about the traceable id.

2. The retailers have landed in an interesting position
In his tomorrows transactions blog Dave Birch referred to an analysis by Peter Jones from PSE on the impact of the interchange fee regulation, published in the Journal for Payments Strategy and Systems. The main conclusion of it was that financially the retailers are the winners by getting a cap on their fees. I agree with that and would be inclined to broaden this perspective.

By tradition banks were the players with the monopoly on payments technology and security knowledge. Even in the 1980s, the collective of retailers in the Netherlands had done a feasibility study to set up their own Point of Sale system. This showed they could set it up for € 5 million euro but they didn't want to take the risk of it failing. So they left it to the banks (to complain about high fees later).

Since that time, the knowledge on processing and payments has become available to a wide range of players, to the extend that banks are now lagging in expertise and capability (while being locked into old technology solutions). The consequence is that retailers will be well able to develop or use in-house apps, customer relation services and payment mechanisms that use the bank infrastructure, without being subject to the rules of the Payment Services Directive.

The main development is therefore that the obliged intermediary role of banks in providing payment mechanisms is gone and will erode. Retailers can regain their customer relationship by themselves or in cooperation with any other ICT-provider that allows them to identify the customer and provide a processing infrastructure. Some interesting innovations can therefore be expected at the outer boundaries of the PSD, as a consequence of the possible exemptions.

I expect both physical and e-retailers to use the non-bank, non-payment space that the PSD defines to achieve exactly what they're after: increased customer retention, increased conversion and a smooth payment experience. Bottom line: we might better be looking outside of the PSD to see innovation in action.

3. On ledgers and tokens
As a final thought I would encourage everyone to try a different mindset for the developments that we are witnessing. Because in essence, anything that happens (in payments/retail) boils down to either tokens (coins, notes, points) or ledgers (private or public). Now let's see what happens if we apply this framework.

We might then appreciate the bitcoin emergence as an innovation in the area of collective ledger provision with distributed trust. We could reposition Linked-In as a privately owned, open and self-administered ledger, that logs individuals achievements that are relevant in the work domain. The same would hold for Facebook and many other e-commerce companies. We would call banks the keepers of the trusted and well protected financial ledgers and would also note that in the public domain, a whole range of ledgers are being interconnected for the sake of security, anti-fraud measures etc.

We could also look at the world of tokens, in its many variations. Tokens of shopping behaviour (saving points), tokens of access (tickets), tokens from government (coins and banknotes), tokens of appreciations (awards, prizes) and tokens that prove identity or personal characteristics. Some of those tokens might be valuable and lead to a change of some of the ledgers, while others would have a role in their own right (voucher for a free coffee).

While it is clear that there are quite a few interesting new developments in the ledger-space, could it be that it is the token-domain where the true action is going to be ?

Payments as an afterthought
In sum: the non-bank, identity-based, non-regulated commercial domain might well be the area where we can see innovations that show us how today's technology can be made to work best so that payments become the afterthought that they are.

ECB provides outlook on retail payments in Europe at EPCA-conference

Pierre Petit, deputy director general (payments and market infrastructure) of the European Central Bank, has outlined the ECB’s  views on European retail payments. He made his remarks at the EPCA Summit 2014, where he defined the role of the European Retail Payments Board (ERPB) and the follow-up on the SecurePay recommendations on access to payment accounts.

New players to be part of drive towards integrated European payments market

The ERPB is to become a forum for driving the further development towards an integrated European payments market in the post-SEPA situation. Petit confirmed that the first meeting of this group is to take place in May, and new industries such as e-money providers and payment services institutions are to join in these discussions, along with other representatives of both consumers and providers.

The ERPB will aim to further stimulate the development of the European retail payments market by working together on topics such as innovation and integration.  The group will identify  and address strategic issues and work priorities, including business practices, requirements and standards. Issues could include the development of a single e-mandate solution or the improvement of interoperability between national e-payment schemes.

Security requirements for payment account access services

The ECB announced that it would this month publish the responses and the results of the consultations on security for payment access to the accounts. The publication would be for information only, given that the European Banking Authority will be providing guidelines on security measures under the revised Payment Services Directive.

Although the ECB does not want to impose formal requirements as there is a risk that the EBA could take a different position, it is likely that the two-factor authentication model of the SecurePay forum will remain the norm for retail payments account access services and mobile payments.

Use twitter to create banknotes: the punkmoney concept

This year in May, I was visiting the 15th Digital Money Forum (well organised as ever, by Dave Birch and his team at Hyperion), and ran across a very elegant alternative payment concept, that makes use of Twitter as a technology. The concept was called: Punkmoney and its developer Eli Gothill explained on the forum the workings and background of the concept (see the presentation here and read an interview with Eli on the background here). With the concept, he took a step back in time, skipping to the times before money was used widely.

In these early times, we can imagine societies to be local communities in which the economy consisted of exchange of services and committments. The scale of the village/community was limited and thus a trusted network of users would exchange services, goods or favours, knowing that either directly or over time, the service or favour (helping in building a house) would be returned. Later on in history the concept of money took over, so that the chain of exchange would become longer. A favour or service would then be paid for with money, that could be used to buy a service or good elsewhere.

Now, what Punkmoney does, is to use Twitter to re-create the old 'favour/gift-economy' in which no money existed. In order to print your own banknotes on Twitter, all you need to do is use your existing account and the hashtag #punkmoney. In English you might call these: Twitnotes or in Dutch: Twitbiljet. So let's see what a Twitnote looks like in real life:

As you can see, this is a promise from me to Occupy Amsterdam (@potbanging_NL) to deliver a brief talk on the financial history of Beursplein. As I used Twitter, it is a public statement that everyone can read. As such it is also read by the Punkmoney tracker, which makes a record of the statement. This central database registers all promises made on Twitter with the hashtag #punkmoney and thus serves as a register in which you can see which promises were made.

Now back to the Twitnote. My Tweet says NT at the end, which means that it is non-transferable. Another option might have been to state: TSA, meaning: Transfer Subject to Approval. In addition, my promise is quite exact in that it specifies specific moment in time when I will deliver a brief presentation (13 October on  a global noise manifestation). Alternatively I could have left out this specific time and have noted: expires in 2 years/months/days.

Of course there's a lot more technical details to be told on how to transfer and redeem notes. But the important thing to note here is that anyone who is seeking alternatives for money in its current form, can easily use the punkmoney concept in his/her community to start exchanging goods/services by using Twitter.

As I understand from Eli, he is going to be presenting his Punkmoney system/concept to the banking community on the next SIBOS (a very important banking conference for all companies, banks, central banks etc. in the world). And I truly hope that the delegates there will recognize the elegance and beauty of his design.

Google Wallet roll out.... without Google Bucks

It's about five years ago that I discovered, by accident and curiosity, that Google Payments Limited had applied for an e-money license at the FSA. Ever since, people have been wondering how Google would enter the payment space. Would they offer a wallet with virtual cards or would they issue their own new virtual worldwide currency (googles, googlets or gees)?

In good tradition, Google started out doing field tests with the wallet (which would sit in the mobile phone) and announced this in May 2011. The wallet was to contain your credit-card cards as well as a google-pre-paid card. And payment was possible with Paypass while the wallet would also facilitate the savings of loyalty-points. The card information was stored in the Secure-SIM-element in the phone and they experimented quite a bit since then.

So where do we stand now?

Well, the Google Wallet is now being rolled out and the Google development team sent out this video to further explain the wallet concept and roll-out. The most important change is that they decided to move the card-information to the cloud. This allows the Wallet to be used both via Phone and via the Web, with all your card details and important digital documents (ID's, transit pass etc) residing in a safe digital environment. So their distribution model for the application is now changing to making APIs available so that merchants and issuers can easily integrate the Wallet in their site/services.

As such, we can thus see Google moving into an integrators role, rather than a payment instrument issuer role. In fact, at some point in time, the company thought about issuing Google Bucks, according to Eric Schmidt, but abandoned the plan. The concept would consist of a “peer-to-peer” money system by which users seamlessly transfer cash to each other via a hypothetical application. However, various laws about currency and money laundering in different parts of the world made this too complicated to realize.

For now, the peer to peer payments in the Google Wallet are no longer on the agenda. And from a historical perspective (see my other blog) I think it is a good choice. Yet.... one of the developers did mention on this subject: it's impossible for now, but stay tuned for some announcements in the future.

So, are we still in for a surprise here?

Bit instant to introduce 'bitcoin'-card...

As you may know I am somewhat sceptic about the underpinnings of Bitcoin (see my previous posts), but the system does keep innovation going. Bit-instant for example is a company that helps consumers convert money into bitcoin and vice-versa. And such services are surely helpful in bringing more reach to the system.

Bit-instant is apparently now planning to bring a debit-card on the market, in two months time, that marries the bitcoin and money world even more. In this article here you can find a link to an IRC chat with Bit-instant, in which it announces its plans. It also provides a link to the picture of the card, showing a QR code that can be used to quickly deposit bitcoins residing in other applications to the card-account.

Now as I understand it, it is a regular worldwide ATM/Payment card. And it looks like it allows bitcoin to be deposited on the card balance. But essentially the bitcoin holder can ask Bit-instant for a conversion of some bitcoins to money and this money will then be deposited on the card balance for payment. By also printing the bitcoin identification on the card the concept very much looks like bitcoin is entering the card-market. And certainly to the user it will feel/look that he can pay with his own minted bitcoins.

In reality this is a very smart introduction of just another card in the market. It's a variation of the regular co-branded card where now we don't see a soccer club, automobile club, but the bitcoin club appearing. Still, it's another innovation worth exploring, so let's see where this card will take us.

The art of Reserve Banking (at the Zuidas Amsterdam)

Reserve Banking is an art. While Draghi and Bernanke are highly qualified and professional economists, they must also master the art of performance. As true actors, they use their voice, their remarks, eyebrows and somewhat vague statements to provide hints and indications that the market then swiftly responds to. It is something you can't learn from the books. It's an art that can only be mastered in practice.

Since this year, the Zuid-As in Amsterdam is also home to the art of reserve banking. But it's a bit different. I heard about it yesterday, when visiting the Holland Financial Centre. From high up in the nearby Symphony building I looked down onto a small rectangular area of the Art Reserve Bank, well fenced, with cameras and three small office buildings. One is the minting press, the other is the teller and the third one was hard to identify. It looked like this:

The Art Reserve Bank: an experiment
What happens there is a unique experiment. A group of artists have set up, without any monetary funding, a so-called Art Reserve Bank. The plan was there for some time, but as the financial crisis came along, it became easier to convince sponsors to join a project that questions the value basis of money. The main idea is that there is far too much money circulating in the world and that the crisis demonstrates that we need a new approach towards money and debt. And in the experiment, art (or: the intrinsic value of human artistic expression) becomes the money. And thus helps to freshen up or minds and stimulate us to re-think our concept of money.

The idea is that for a period of five years, each month 400 coins are minted. These are 4 series of 100 coins per week, costing 100 euro each. For each month: a different artist is asked to design the coins, which all bear the same backside with the motto: ARS PECUNIA MAGISTRA: Art is the teacher of money. A nice motto and also a tongue-in-cheek reference to the Amsterdam Zoo that bears the motto: Natura Artis Magistra (Nature is the teacher of Art).




Anyone can buy coins and thus becomes a member of the Cooperative Art Reserve Bank (Kunstreservebank). All holders of the coin are thus the collective owner of the bank. Of the 100 euro costs, 90 % is used to pay for the operational cost of the experiment and 10 % is withheld as a 'cash reserve'. Should a buyer not appreciate his/her work of art, he can return it to the bank and get the original value back with a 10% interest fee. There is also a dealing room on the site of the bank, for those who wish to buy or sell their coinst. And at the end of the five years, all owners of coins can collectively decide what will happen with accumulated capital (if there is any and if the bank stil exists).

Money, dreams and art
The experiment challenges one to consider: what is happening in our world of money and value?

For me, the Art Reserve Bank made me realize that there may now be so much difference between their coins and the official legal tender in circulation. Both coins are the product of our imagination, dreams and creativity. Which is quite clear for the Art Reserve Bank currency, but may be less clear for the euro. So let me try to explain.

What happened over decades is that we moved from a mentality of: save first, spend later, to a mechanism of: spend first, repay later. If your story about the future would be probable enough (having a job, education etc) some bank would lend you money. And the same thing was true for businesses. Essentially this is a mechanism where tough choices are made. If you don't have the job or a solid story explaining how you can repay in the future, you don't get money. Which all sounds very realistic.

Fact is however, that with hindsight we can now see that banks, consumers and companies have on a large scale lived in dream worlds with expectations of future income, growth that were not realistic after all. Money was created, lent on the basis of these dreams and imagination. And part of that money is now in our pocket. And we also know that some of the debts are definetely not going to be repaid in the future.

So wouldn't it be fair to state that some of our euros are just as much the result of our imagination, as the Art Reserve Bank coins?

Outsider ideas in the payment space.... seldom really new..

One week ago Rabobank Nederland announced that it might de-activate the possibility to use their debit-card outside Europe, in an effort to eliminate fraud. And today the Financieele Dagblad has an article in which it becomes clear that an entrepreneur claims that this is actually his idea and not Rabo.

He's written the idea of functional/geographic application controls (including de-activation for certain geography) down as his idea, sent it to the Rabobank. And some time later he even spoke with Rabobank. And now that he discovers that Rabobank will in practice block geographic use, he claims that Rabobank has stolen his idea. It appears that he's in full swing with preparation of a court case.

I think this court case may not be effective. Application and functional controls in the payment area are around since ages. There can be checks and limits on payments via certain channel, with certain amounts, to or from a geographic area, number of times of use, branche-codes and what have you. And we have seen these developing over the years. In a planned talk on this issue in 2004 I already mentioned the user control of these application controls.

In this particular case (blocking a geographic area for card use), it was clear ten years ago that there would come a time that EMV-debit-cards would be blocked for use in countries that hadn't fully migrated to EMV. And that the amount of fraud would essentially determine the timing.

Now I do understand the serendipity-element in this story. It must be frustrating for an outsider to think that he has found the golden idea in payments and observe one bank (that he spoke to) introducing 'his' idea. However, this was certainly not a unique idea, but an inevitable, already foreseen consequence of technology migration and fraud.

New card design by Rabobank marks migration to international POS-scheme

As many of you may know, the Netherlands are now in a final stage of migrating from the Dutch POS-system PIN to the international card scheme Maestro. And as a part of this migration, Rabobank has changed the looks of the card. Given the fact that chip-terminals require a dip of the card, Rabo has moved its cardholder from a landscape to portrait design. In addition it has put the IBAN number on the card, so that customers always have their SEPA-oriented account number nearby.

Fotograph your bill and pay it... new stuff from Denmark

With all the new apps, technology and stuff, you can just build any payment produkt you like. It appears there is a Danish bank that has developed an app that lets you photograph your bill, send it to the bank and they will transfer the money to the proper account. And for those that master the Danish language: see the instructions of the Danske bank here.

I am not entirely sure if this application will really be a killer-app that fullfills its consumers' needs. But it's interesting to see that nowadays the development burden for banks is lower than in the mainframe-days, allowing for test-trials in the field rather than extensive market research.

Six Pack becomes fivepack: T-mobile leaves NFC-consortium of Dutch banks and telcos

Tweakers net today reports that T-mobile is leaving the consortium of banks and telco's in the Netherlands. The sixpack consortium is also delayed in its plans (from mid 2012 to beginning of 2013) given the considerable market share that both the banks and telco's have. So they will go to Brussels to aks for exemption of competition rules.

Finnius conference on e-money

As some of you may know, I have had quite an interest in electronic money in the Netherlands in the past. And yesterday I had the pleasure of visiting the conference on e-money by Finnius. The conference was concise and clear with talks by Andries Doets on the regulation and a speech by the supervisor (DNB: De Nederlandsche Bank). This provided a good overview of rules, exemptions and clarified the role of DNB.

After the beautiful and energizing musical break (Duo Sottovoce) Casper Riekerk moderated a discussion that focussed on business models and the difference between paper-based and digital electronic money. The panel and audience agreed that the margins in the e-money/payments business are quite slim, certainly given the rule that the float cannot be used for other purposes (which happened when giftcards where still paper-based).

At the end, following a suggestion by DNB, the thought of setting up a representative organisation for e-money issuers in the Netherlands came up once again. So perhaps we will see a new organisation emerging as a result of this conference. Time will tell.

Personally I couldn't help thinking that quite a lot of effort by the supervisor is spent on values and amounts of e-money that are irrelevant, compared to the busloads of similar-type payments via mobile phones and Ov-chipcard (exempted from regulation). It is clear that both market and supervisors have digested and codified this exemption into their rules/system. So no one questions it (if anyone still remembers the history of this exemption).

But it remains a paradox for someone like me, who witnessed and joined the discussions on e-money dating from the rise of e-cash and Mondex. It was in particular the digital forms of pre-paid e-money that raised the awareness and need for legislation on e-money. Everyone got a head-ache when they thought of a situation in which money (and goods) were digital. Because this would create a situation in which central banks in the end will not know any more how much money is in circulation. And consumers might see their digital cash disappear if it was not secured properly.

So the headache lead to the legislation on e-money. And when introduced, supervisors decided to create an exemption for precisely that form of money that made us develop the legislation in the first place.

As such I think the whole e-money debate is quite an interesting casebook example of the Politics of the European Union.

The cultural side of payments: Hofstede provides an interesting picture

One month ago I had a meeting with two American visitors that wished to know more about the history of payments here in the Netherlands. And as they had just arrived and had no time for the Walking tour on the history of Dutch payments we discussed those topics over a cup of coffee and lunch. And of course we came to discuss the Why-question. Why is it that the Dutch seem to be more keen on cooperating in the area of payments than other countries?

Of course there are a number of historical reasons. And one might argue that the Dutch are of a more cooperative nature given that they have to battle the water cooperatively, but it's hard to substantiate this. But then I realized that Geert Hofstede had done quite some work differences between cultures. And the funny thing is: if you chart his data, you can indeed see that the Dutch score high on uncertainty avoidance, long term orientation and low on masculinity and power distance.

So there you have it. The reflection of our cultural mindset that stimulates us to choose cooperative solutions when developing and organizing payment methods and systems. This is not to say that everything is and was collective here in the Netherlands. But in the long run there is a strong tendency to cooperate on standards.

E-money: an innovation revisited...

I think it is fair to say that technology and payment innovation occurs in several 'rounds'. It's sort of a boxing game where enterprises seek their niche in terms of consumer/company services but also in terms of regulatory niches. This holds true in particular for the domain of e-money.

Some fifteen years ago (I feel quite old when writing this) the buzz was all about Mondex and e-cash: two new e-money schemes. The development of these schemes coincided with the increased use of the Internet as well as the use of mobile phones. And there was a lot of debate on which rules to apply. Should e-money issues become banks or not. I remember setting up a specific branche-organisation (11a2: here's the old website) and conference on that specific issue.

While in this first round it appeared to be the case that anyone using digital coins for consumer payments needed to be regulated similarly, it turned out in a later round of regulation that some industries, notably telco's and transport companies, succeeded in convincing the regulator that their consumer money was not the same as the consumer money in banks. And this lead to a reshuffle of all kinds of regulations to allow for this.

The regulatory developments of 2011 essentially mark the conclusion of this second reshuffling round of regulation on e-money. And the industry has adapted in the meantime and is now looking forward to the new challenges, as we see the further development of mobile phone's, tablets and many other exciting new opportunities for e-money.

Should anyone be interested in the current state of affairs of the European e-money market or regulation I would warmly advise to sign up for the e-money conference of the Electronic Money Association (EMA). All players are there and all topics are on the table.