TPP access only with PSU involvement

Article 36(5)(a) and (b) of the Commission Delegated Regulation (EU) 2018/389 provides that account information service providers (AISPs) shall be able to access information from designated payment accounts and associated payment transactions held by account servicing payment service providers (ASPSPs) for the purposes of performing the account information service in either of the following circumstances:  (a) whenever the Payment Service User (PSU) is actively requesting such information; (b) where the PSU does not actively request such information, no more than four times in a 24-hour period, unless a higher frequency is agreed between the AISP and the ASPSP, with the PSU's consent. This is, however, without prejudice to the obligation set out in Article 67(2)(a) of Directive 2015/2366/EU (PSD2) according to which AISPs shall provide services only where based on the PSU’s explicit consent. The PSD2 does not restrict the PSU from setting the conditions in which the AISP can access the account information, including the possibility for the PSU to restrict the AISP to access information only whenever the PSU is actively requesting such information.