During the presentation of the regulation, the Minister of Economy, Nadia Calviño, highlighted the need to adapt European standards, some of which are already in due process, to the Spanish legal system to increase the rights of users and the security of the transactions. In this sense, has indicated another of the novelties that the decree brings, approved by the Council of Ministers on November 23, which reduces the responsibility for unauthorized payment transactions from 150 to 50 euros. Likewise, Calviño explained, it establishes that the Types of Graphs can claim contributions to branches of extra community sites.
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Thus, four directives and five regulations are transposed, with expired transposition deadline and open infringement procedure, and it adapts the internal legal order to some community regulations already in force. The European standard, which was adopted in 2015 and had to be transposed by the countries by July 3, 2016, contains provisions to protect persons who warn of infractions or possible infractions of the rules of market abuse.
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It also details the system for monitoring complaints and protecting the personal data of the informers, among other aspects, and refers to the obligation to provide anonymous communication of citizens with the competent authorities through “independent and autonomous “, in addition to making available to the complainant specialized personnel to deal with these demands.
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The National Securities Market Commission (CNMV) opened in January this year on its website a space to make anonymous complaints about the commission of infractions of the regulation and the operation of securities markets. Now, the Government establishes a whistleblowing channel in the Bank of Spain aimed at reporting breaches of credit institutions in terms of solvency.
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What is created is an integrated framework of European payment services to face the new challenges and changes posed in payment services, in particular those made with card, internet and mobile, so as to guarantee the security of transactions .
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It reduces to 50 euros the responsibility of the payer for the losses derived from unauthorized payment transactions as a result of the theft or theft of a payment instrument, reduce the time limits for resolving claims to 15 days and reinforce the security requirements in the authentication of clients, in order to avoid identity theft or key theft.
The decree, which has been approved by 330 votes in favor (plus three issued electronically, none against and 9 abstentions) incorporates certain obligations of the National Securities Market Commission (Types of Graphs) and the Bank of Spain in terms of exchange of information, and cooperation and coordination between different competent authorities of the European Union is improved.