Entities providing services based on an exception from the Act

A provider of electronic communication networks or electronic communications services is a business entity providing services according to §1 section 3 letter l) of the first or the second point of the Payment Services Act, which are provided as additional services to electronic communication services, in which:

• the sum of payment operation is included in the related invoice,
• the sum of a single transaction does not exceed 50 eur and
• the cumulative value of payment transactions for an individual subscriber does not exceed EUR 300 per month by one single user of an electronic communication network or electronic communication services, which also applies to prepaid services and these payment transactions are intended for:

1. the purchase of digital content and voice-based services, regardless of the device used for the purchase or consumption of the digital content and charged to the related bill; or
2. performed from or via an electronic device and charged to the related bill within the framework of the charitable activity or for the purchase of tickets.

Provider of electronic communication networks or electronic communication services which has for purpose starting provision of services (falling under „electronic communication exclusion“) according to § 1 section 3 letter l) of the Act on payment services, is obliged in accordance with § 97b section 2 and in connection with § 97a section 2 letter a) and b) and section 5 to 8 to submit to National Bank of Slovakia a notification.

Information for submission of notification:

For submission of notification, it is important to fill in the form. Notification according to § 97b section 2 of the Act on payment services is submitted electronically on the email address: poskytovatel_EKS@nbs.sk.

Provider of electronic communication networks or electronic communication services is obliged to provide information to National Bank of Slovakia in requested form, appearance, structure, and time limit, while he is obliged to provide to National Bank of Slovakia requested cooperation and collaboration.

Provider of electronic communication services or networks is also obliged to notify on semi-annual basis National Bank of Slovakia every change of information submitted and this at least to one month after the end of calendar half year.

Information to submit verification:

The provider of electronic communications networks or electronic communications services is obliged to provide once per year verification of the statutory auditor, containing the confirmation that the activity is in line with §1 section 3 letter l).

NBS, after an assessment of the statutory auditor about exceeding the limits by the provider of electronic communications networks or electronic communications services, informs the provider that §1 section 3 letter l) does not apply to its activity. Such a provider is obliged, without undue delay, to notify the end of such activities or to request an authorization (registration) for its provision.

If the NBS after assessment of verification of statutory auditor discovers, that §1 section 3 letter l) applies to activities of a provider of electronic communication networks or electronic communication services, it informs the EBA (European Banking Authority) about it and at the same time, it informs the EBA of the description of the services provided by this entity.

Information concerning the first and the second point according to § 1 sec. 3 letter k) of the Act on payment services

This is a natural person being an entrepreneur or legal person providing services according to §1 section 3 letter k) of the first or the second point of the Act No 492/2009 on payment services (hereinafter referred to as the „Payment Services Act“), providing services based on specific payment instruments or similar electronic stored-value payment instruments which can be used only in a limited way or only for a specific purpose and which meet one of the following conditions:

1. they allow the holder to acquire goods or services only on the premises of a limited provider as defined in Article 97a of the Payment Services Act or within a limited network of providers of goods or services under a direct commercial agreement signed with a limited provider pursuant to Article 97a of Payment Services Act,
2. they may be used only to acquire a very limited range of goods and services and are issued for limited providers pursuant to Article 97a of the Payment Services Act.

Each limited provider is obliged to submit to NBS a written notification according to § 97a section 2 and following of Payment Services Act within Guidelines on the limited network exclusion under PSD2 EBA/GL/2022/02, which stipulate requests, criteria and indicators of the activity of the limited provider so that the specific payment instruments only in a limited way. The main precondition for the aim of assessment of a limited provider is that its services, which are based on special means of payment, were to be used only to a limited extent (limited) and always for the purposes of the submission of a payment order. Part of the service provided by the limited provider shall always be a real immediate realization of payment for a good or service. Registration of such a purchase of a good or a service which is to be invoiced by the participating stakeholders in the upcoming period or a forward payment in advance shall not refer to services provided by the limited provider as is stipulated in the Payment Services Act.

Types of notifications of limited provider

Based on §97a of the Payment Services Act is a natural person being an entrepreneur obliged to submit to NBS:

1. Notification on the planned commencement of the provision of services according to §97a section 2 of Payment Services Act,
2. Notification on the end of the provision of services according to §97a section 4 of Payment Services Act,
3. Notification of a change according to §97a section 5 of Payment Services Act,
4. Notification on exceeding of the sum 1 000 000 eur according to §97a section 9 of Payment Services Act.

Notification information:

For the submission of notification stated in points 1 to 4, it is necessary to fill in the form. Notifications according to §97a section 2 to 9 of the Payment Services Act are to be submitted in electronic form to the email address: limitovanyposkytovatel@nbs.sk

The limited provider is obliged to provide the information requested by NBS in the required manner and in the required form, version, structure, and time, and it is requested to provide NBS required synergies and cooperation.

IInformation concerning the third point of § 1 section 3 letter k) of the Act on payment services

Services based on specific payment means or similar technical means keeping an asset value in electronic way, which can be used in limited way or only for a specific purpose according to § 1 section 3 letter k) iii) of directive PSD2 are provided and valid only on the territory of the Slovak republic, issued on the request of the firm (for example employer), of the local body of the state administration, municipality, higher territorial unit or similar authority for specific social purposes or tax purposes for the purchase of defined goods or services from the provider of such goods or services based on business agreement concluded between provider of payment services  or issuer of payment services or other similar technical means keeping an asset value electronically.

Guidelines on limited network exclusion according to PSD2 EBA/GL/2022/02 require in guideline No. 7, that it shall not be required that the payment instruments falling within the scope of Article 3(k)(iii) of PSD2 to fulfil the requirements applicable to the instruments excluded under Article 3(k)(i) and (ii) of PSD2.

Notification according to point 3:

For submission of notification according to point 3 it is important to fill in the form electronically on the email address: limitovanyposkytovatel@nbs.sk.