Services exempted from the scope of ZaDiG 2018 | FMA Österreich

Services exempted from the scope of ZaDiG 2018

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Here you can find detailed informed about services that are exempted from the scope of ZaDiG 2018.

Limited networks

Under ZaDiG 2018 any service provider performing an activitiy pursuant to Article 3 para. 3 no. 11 lit. a or b ZaDiG 2018 where the total value of the payment transactions for the preceding 12 months exceeds Euro 1 million (threshold), is required to notify the FMA about this activity pursuant to Article 3 para. 4 ZaDiG 2018.

The provision for the exception for limited networks especially applies for store cards, fuel cards, membership cards, public transport cards, parcking tickets, meal vouchers or vouchers for specific services, provided that the corresponding conditions for the activity are met.

Further information about the goods or services that are addressed by Article 3 para. 3 no. 11 ZaDiG 2018 as well as issued relating to them can be found in the FMA’s Circular “01/2020 FMA Circular – Limited Networks – the notification obligation pursuant to Article 3 para. 4 ZaDiG 2018 Format: pdf“.

The notification must

  • contain a description of the goods or services offered and
  • state which exception (Article. 3 para 3 lit. a or b ZaDiG 2018) is being made use of for performing the activity.

For this purpose, the FMA has created a form Format: docx that may be submitted to the following e-mail address anzeige-begrenzte-netze@fma.gv.at.

In order to be ensure that notifications are processed quickly and effectively, you are requested to only use the form that has been made available..

The information that is to be submitted in accordance with Article 3 para. 4 ZaDiG 2018 (Company name, address, information about the type of activity that is being conducted, purpose of the issued payment instrument) are subsequently displayed in the Company Database (Article 13 para. 2 ZaDiG 2018).

The notification for making use of the exception pursuant to Article 3 para. 3 no. 11 ZaDiG 2018 must be made in a timely manner as defined in Article 3 para. 4 ZaDiG 2018. The FMA assumes that a notification has been made in a timely manner, in the case that it is submitted within 3 months following the total value of payment transactions in the preceding twelve months exceeding the EUR 1 million threshold for the first time.

The FMA checks whether the criteria for the exception stated in Article 3 para. 3 no. 11 lits. a or b ZaDiG 2018 are duly met based on the information submitted by the provider, and subsequently informs the provider about the outcome of this review.

In general there is only a one-off obligation to notify pursuant to Article 3 para. 4 ZaDiG 2018, unless there is a (significant) change in the area of deployment of the payment instrument that was initially notified (e.g. the range of goods or services being expanded) that may lead to a change in the legal assessment In such a case, a new notification pursuant to Article 3 para. 4 ZaDiG 2018 must be sent to the FMA.