Regulation 89 Confirmation on the availability of funds
(1) An account servicing payment service provider shall, upon the request of a payment service provider issuing card-based payment instruments, immediately confirm whether an amount necessary for the execution of a card-based payment transaction is available on the payment account of the payer concerned, where all of the following conditions are met:
(a) the payment account of the payer is accessible online at the time of the request;
(b) the payer has given explicit consent to the account servicing payment service provider to respond to requests from a specific payment service provider to confirm that the amount corresponding to a particular card-based payment transaction is available on the payer’s payment account;
(c) the consent referred to in subparagraph (b) has been given before the first request for confirmation is made.
(2) A payment service provider issuing card-based payment instruments may request the confirmation referred to in paragraph (1) where all of the following conditions are met:
(a) the payer concerned has given explicit consent to the payment service provider to request the confirmation referred to in paragraph (1);