Zivil- und aufsichtsrechtliche Grundfragen des Mobile Payments

Contactless payment at the point of sale through the use of modern payment apps, referred to as Mobile Payment, has numerous particularities. Taking into account the ZDRL II as well as the RTS SCA, the significant legal framework conditions are illustrated to both providers and users. In terms of supervisory law, the extent to which a public law permit from BaFin is necessary is examined. In addition, the requirement for strong customer authentication is considered in detail. Subsequently, practical civil liability issues are discussed and, at the same time, new possibilities and threats are brought into focus that exist through the use of mobile devices in contrast to embodied cards.