ASIC relaxes ePayments digital disclosure rules
Changes to the ePayments Code announced yesterday by the Australian Securities and Investments Commission are intended to make it easier for businesses to give information to their customers in a digital form.The ePayments Code regulates consumer electronic payment transactions, including ATM, EFTPOS and credit card transactions, online payments, internet and mobile banking, and BPAY. Among other things, the ePayments Code: requires subscribers (ie, authorised deposit-taking institutions) to give consumers clear and unambiguous terms and conditions; stipulates how terms and conditions changes (such as fee increases), receipts and statement need to be made; sets out the rules for determining who pays for unauthorised transactions; and establishes a regime for recovering mistaken internet payments."The changes mean that documents under the ePayments Code can be delivered to consumers digitally as the default option, unless the consumer opts out. This will reduce the costs of printing and mailing for businesses while preserving choice for those consumers who wish to receive paper," said Peter Kell, ASIC's Deputy Chair. ASIC has also released an updated version of "Regulatory Guide 221 Facilitating digital financial services disclosure" (RG 221), reflecting some "minor changes" to the ePayments Code, and recent technical amendments to the Corporations Act. These changes are primarily around guidance on digital disclosure and consumer protections.A summary of amendments made to the ePayments Code is available on the ASIC website.