Abstract

The article analyses and assesses the selected changes which result from the EBA Guidelines for the application of the so-called limited network exclusion referred to in Article 3(k) PSD2 and fulfilment of the obligation to notify the competent supervisory authority of the services based on this exclusion, pursuant to Article 37(2) PSD2. The EBA Guidelines set out the key criteria and indicators that the supervisory authorities should follow when assessing whether a service meets the exclusion criteria. Most of the guidelines should be assessed positively and found to be consistent with the principles that follow from PSD2. In the article, we have spmewhat criticised some of the guidelines, pointing out that they may lead to an overly restrictive interpretation of the law and divergence in their application across Member States.