2. The payment service provider may request the confirmation referred to in paragraph 1 where all of the following conditions are met:
(a) the payer has given explicit consent to the payment service provider to request the confirmation referred to in paragraph 1;
(b) the payer has initiated the card-based payment transaction for the amount in question using a card based payment instrument issued by the payment service provider;
(c) the payment service provider authenticates itself towards the account servicing payment service provider before each confirmation request, and securely communicates with the account servicing payment service provider in accordance with point (d) of Article 98(1).
3. In accordance with Directive 95/46/EC, the confirmation referred to in paragraph 1 shall consist only in a simple ‘yes’ or ‘no’ answer and not in a statement of the account balance. That answer shall not be stored or used for purposes other than for the execution of the card-based payment transaction.
4. The confirmation referred to in paragraph 1 shall not allow for the account servicing payment service provider to block funds on the payer’s payment account.
5. The payer may request the account servicing payment service provider to communicate to the payer the identification of the payment service provider and the answer provided.
6. This Article does not apply to payment transactions initiated through card-based payment instruments on which electronic money as defined in point (2) of Article 2 of Directive 2009/110/EC is stored.
Article 66
Rules on access to payment account in the case of payment initiation services
1. Member States shall ensure that a payer has the right to make use of a payment initiation service provider to obtain payment services as referred to in point (7) of Annex I. The right to make use of a payment initiation service provider shall not apply where the payment account is not accessible online.
2. When the payer gives its explicit consent for a payment to be executed in accordance with Article 64, the account servicing payment service provider shall perform the actions specified in paragraph 4 of this Article in order to ensure the payer’s right to use the payment initiation service.
3. The payment initiation service provider shall:
(a) not hold at any time the payer’s funds in connection with the provision of the payment initiation service;
(b) ensure that the personalised security credentials of the payment service user are not, with the exception of the user and the issuer of the personalised security credentials, accessible to other parties and that they are transmitted by the payment initiation service provider through safe and efficient channels;
(c) ensure that any other information about the payment service user, obtained when providing payment initiation services, is only provided to the payee and only with the payment service user’s explicit consent;
(d) every time a payment is initiated, identify itself towards the account servicing payment service provider of the payer and communicate with the account servicing payment service provider, the payer and the payee in a secure way, in accordance with point (d) of Article 98(1);
(e) not store sensitive payment data of the payment service user;
(f) not request from the payment service user any data other than those necessary to provide the payment initiation service;
(g) not use, access or store any data for purposes other than for the provision of the payment initiation service as explicitly requested by the payer;
(h) not modify the amount, the payee or any other feature of the transaction.
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