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RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of July 14, 2022 No. 147

About approval of Storage precautions, protection, uses and disclosures of secret of the payment service provider

According to Articles 7, of 15, of 56, 57 Laws of Ukraine "About the National Bank of Ukraine", article 70 of the Law of Ukraine "About payment services", for the purpose of arrangement of storage, protection, uses and disclosures of secret of the payment service provider the Board of the National Bank of Ukraine DECIDES:

1. Approve Storage precautions, protection, uses and disclosures of secret of the payment service provider which are applied.

2. The resolution becomes effective from the date of enforcement of the Law of Ukraine "About payment services".

Chairman 

K. Shevchenko

Approved by the Resolution of Board of the National Bank of Ukraine of July 14, 2022 No. 147

Storage precautions, protection, uses and disclosures of secret of the payment service provider

I. General provisions

1. These Rules are developed according to the Laws of Ukraine "About the National Bank of Ukraine", "About payment services" (further - the Law on payment services), "About electronic confidential services", "About electronic documents and electronic document management" and determine requirements to protection, storage, use and disclosure of information which contains the secret of the payment service provider.

2. The terms used in these rules are applied in the values determined by the legislation of Ukraine and regulatory legal acts of the National Bank of Ukraine (further - National Bank).

3. Information on activities and financial condition of the user which became known to the non-bank payment service provider in holding time of the user and relations with it or the third parties by provision of payment services is the secret of the payment service provider.

The secret payment service provider are:

1) data on payment accounts of the user;

2) information on the operations performed in advantage or at the request of the user, made by it transactions;

3) financial and economic condition of the user;

4) information on organization-legal structure of legal person user, his heads, activities;

5) data on business activity of the user or trade secret, any project, inventions, product samples and other commercial information.

Provisions of Item 3 of the Section I do not extend to information which the payment service provider shall open according to requirements of the Law on payment services.

4. The payment service provider shall provide storage and information security which contains the secret of the payment service provider, for the purpose of non-admission of its illegal disclosure.

5. Workers of the payment service provider in case of acceptance them for work sign the obligation about preserving secret of the payment service provider.

6. The payment service provider shall reflect in coordination with the user in the agreements signed between the payment service provider and the user, clauses concerning preserving secret of the payment service provider and responsibility for its illegal disclosure or use.

The payment service provider shall provide in the agreement on provision of payment services receipt of permission at the user to provision by the payment service provider to other payment service providers of information containing the secret of the payment service provider.

7. Legal entities and physical persons, and also officials who during accomplishment of the functions directly or indirectly obtained information which contains the secret of the payment service provider not disclose this information and not use it in own favor or for benefit of the third parties, except cases, stipulated by the legislation Ukraine.

8. The payment service provider and workers of the payment service provider guilty of violation of requirements of these rules bear responsibility according to the legislation of Ukraine.

II. Storage, protection and use of information which is the secret of the payment service provider

9. The payment service provider shall establish for the purpose of ensuring storage, the protection and prevention of unauthorized information access which is the secret of the payment service provider in internal documents special procedure for record keeping with the documents containing the secret of the payment service provider and to determine:

1) order of registration of the initial documents containing the secret of the payment service provider;

2) procedure for sending and document storage, containing the secret of the payment service provider;

3) features of work with the electronic documents containing the secret of the payment service provider.

The payment service provider shall consider requirements of these Rules during establishment of special procedure for record keeping with the documents containing the secret of the payment service provider.

10. The worker of the payment service provider specifies clauses in the documents containing information which is the secret of the payment service provider, belonging of such information to the secret of the payment service provider according to article 70 of the Law on payment services and about need of ensuring safety of such information, its nondisclosure and non-use in own favor or for benefit of the third parties.

11. Registration of the outgoing documents containing the secret of the payment service provider is performed in system of document flow or the magazine of registration (accounting) of documents with access restriction signature stamps.

Initial documents are registered in day of their signing or no later than the next working day.

12. Workers of the payment service provider shall provide document storage in paper form, containing information which is the secret of the payment service provider, in safes or cases which are reliably locked and to which the third parties have no access.

13. The payment service provider shall in departure time (transfers) of information which is the secret of the payment service provider, to provide its guaranteed delivery and confidentiality.

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