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