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Provider of electronic communications networks or services
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:
- 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
- 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.