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Payment Aggregator and Gateway Compliances

Payment aggregators and payment gateways play a crucial role in facilitating online transactions. However, to ensure smooth operations, entities providing these services must comply with the regulatory requirements set by the authorities. At Enterslice, we offer comprehensive assistance and consultancy on payment aggregator and gateway compliances to help businesses meet regulatory standards.

Package Inclusions

  • Consultancy on payment aggregator and gateway compliances
  • Assistance in meeting compliance requirements
  • Regular follow-ups with regulatory authorities

A Brief Overview

In today's digital era, online payment methods have gained popularity in India. As a result, banks and prepaid payment instrument (PPI) issuers are increasingly facilitating electronic payments to merchants. This process involves intermediaries such as payment aggregators and payment gateway service providers.

Understanding Payment Gateway and Payment Aggregator

Payment aggregators and payment gateways are terms that are sometimes used interchangeably. However, they have distinct functions.

  • Payment Aggregator: Handles merchant onboarding, collects funds from customers, and holds them in an escrow account on behalf of the merchant.
  • Payment Gateway: Routes and facilitates online payment transactions through technology infrastructure. Unlike payment aggregators, payment gateways do not handle actual funds. Payment gateways provide back-end technology support while payment aggregators serve as front-end services. Some payment aggregators offer both services.

Entities in the payment aggregator and payment gateway space must comply with various regulatory requirements, which are explained in detail below.

Compliance Requirements for Payment Aggregators

Payment aggregators must strictly adhere to the following RBI guidelines:

  1. Background Check of Merchants:
    • Payment aggregators need to conduct KYC/AML/CFT compliance in accordance with the RBI's "Master Direction - Know Your Customer (KYC) Directions" and provisions of PMLA and Rules.
    • Background and antecedent checks must be conducted on merchants to ensure they do not have any illegal intentions or engage in fraudulent activities. Payment aggregators must also verify if appropriate terms and conditions have been uploaded on the merchant's website.
    • Payment Card Industry-Data Security Standard (PCI-DSS) and Payment Application-Data Security Standard (PA-DSS) compliance of merchant infrastructure should be checked by payment aggregators.
  2. Grievance Redressal and Dispute Management:
    • Payment aggregators must have a transparent mechanism for customer grievance redressal and dispute management. They should appoint a nodal officer responsible for handling complaints and grievances. The dispute resolution mechanism should be binding on all participants in the transactions.
  3. Security and Risk Management Framework:
    • Payment aggregators must have adequate infrastructure to prevent and detect fraud.
    • A board-approved security information policy should be in place.
    • Implementation of the information security policy is essential for risk mitigation.
    • Effective monitoring, handling, and follow-up of cybersecurity incidents, along with reporting to relevant authorities, such as DPSS, RBI Central Office Mumbai, and CERT-In.
    • Compliance with data storage requirements applicable to Payment System Operators.
    • Submission of system audit reports, including cybersecurity audits conducted by CERT-In empanelled auditors, within 2 months of the financial year's closure to the respective regional office, DPSS, RBI.

IT Related Compliances for PA Entities

Introduction

PA entities must adhere to specific IT system and security requirements to ensure the safety and integrity of their operations. In this article, we will outline these compliance measures and emphasize the importance of each one.

Information Security Governance

PA entities are required to conduct comprehensive security risk assessments that cover their people, business processes, and overall environment. The results of these assessments, along with security compliance and audit reports, should be presented to the board. Additionally, an internal security audit or an annual audit by an independent security auditor is necessary.

Data Security Standards

Adhering to best data security practices is crucial. PA entities should implement industry standards such as PCI-DSS and PA-DSS to safeguard sensitive information.

Security Incident Reporting

In the event of a security incident or cardholder data breach, PA entities must promptly report it to the RBI. They should also submit monthly cyber security incident reports that include a root cause analysis.

Merchant Onboarding

When onboarding new merchants, PA entities should undertake security assessments to ensure compliance and minimize risks.

Cyber Security Audits and Reports

PA entities must carry out regular internal audits and submit quarterly reports to the IT committee. Additionally, an annual external audit, bi-annual Vulnerability Assessment/Penetration Test reports, and compliance reports such as PCI-DSS Attestation of Compliance and ROC Compliance Report with Observations should be provided.

IT Governance Framework

PA entities need to establish an effective IT governance framework. This includes drafting an IT policy that comprises an enterprise information model, cyber crisis management plan, and IT steering committee, among other components.

Various Compliances for Payment Gateway

Similar to payment aggregators, payment gateways must also comply with several requirements outlined by the RBI. These include information security governance, security incident reporting, data security standards, merchant onboarding, cyber security audit, IT governance framework, risk assessment, cryptographic requirements, and vendor risk management.

Conclusion

Complying with IT system and security requirements is vital for PA entities and payment gateways alike. By following these guidelines, organizations can ensure the integrity, confidentiality, and availability of sensitive information, ultimately providing a secure and trustworthy experience for their customers.

Reporting Requirements for Payment Aggregators: Ensure Compliance and Transparency

Overview To ensure compliance and transparency, payment aggregators must adhere to reporting requirements as mandated by the RBI. This article outlines the various reports that payment aggregators need to submit on an annual, quarterly, and monthly basis.

Annual Reports

  • Audited Annual Report on Net Worth: A certified report on net worth by a CA must be submitted by September 30.
  • Quarterly Reports

    • Auditors' Certificate on Escrow Balance: A certificate verifying the escrow balance is due by the 15th of the month following the end of the quarter.
    • Internally Audited Bankers' Certificate: A certificate on escrow account debits and credits, audited internally by the bank, is also required by the 15th of the month following the end of the quarter.
    • Auditors' Certificate on Nodal Accounts (for Marketplaces): For marketplaces, an auditors' certificate on nodal accounts is required.
    • Monthly Reports

    • Customer Grievances Report: A report detailing customer grievances must be submitted.
    • Cyber Security Audit Report: A report on cyber security audits, including root cause analysis and preventive action taken, should be provided.
    • Non-Periodic Reports

    • Statistics of Transactions Handled: This report, covering the number of transactions handled, must be submitted by the 7th of the following month.
    • Reports on Frauds: Reports on fraud incidents, along with cyber security incident reports, should be submitted by the 7th of the following month.
    • One-Time Technical Audit: A technical audit should be conducted whenever significant changes are made to the process flow.
    • IS Audit Report and Cyber Security Audited Report: This report, externally audited, must be submitted by May 31, including observations, planned actions, and closure data.
    • Change in Board of Director: Notification of any changes to the board of directors should be provided as they occur.
    • Unaudited and Self-Declared Net Worth Certificate: A net worth certificate as of September 30, self-declared and unaudited, must be submitted by December 31.
    • By fulfilling these reporting requirements, payment aggregators demonstrate their commitment to compliance and contribute to a transparent and accountable payment ecosystem.

FAQ

Payment aggregator and gateway compliances refer to adhering to regulatory requirements that govern payment systems and transactions. These compliance measures ensure secure payment processing, customer protection, and data privacy.

Payment aggregators and gateways are regulated by the Reserve Bank of India (RBI) and the Payment and Settlement Systems Act, 2007. They must adhere to various regulatory requirements, such as KYC/AML guidelines, reporting obligations, data protection standards, etc.

The regulatory requirements for payment aggregators and gateways include registration with the RBI, adherence to KYC/AML guidelines, use of secure technology platforms, fulfillment of reporting obligations, compliance with data privacy standards, etc.

RBI guidelines lay down the regulatory framework for payment aggregator and gateway compliances. These guidelines are aimed at ensuring the safety, security, and efficiency of payment systems and transactions in India.

Payment aggregators have to maintain a grievance redressal mechanism to address customer complaints and grievances. They must provide efficient and timely resolution to such complaints and also report the same to the RBI.

Payment aggregators and gateways must comply with data privacy and security standards, such as ISO 27001. They must maintain robust systems and controls to protect customer data, secure transaction data, and prevent data breaches.

Payment aggregators must establish a risk management framework that includes policies and procedures for fraud detection and prevention. They must conduct periodic risk assessments and also have to comply with RBI’s fraud monitoring and reporting guidelines.

Payment aggregator and gateway compliances require background checks to be conducted on directors, shareholders, and key personnel. This is to ensure that only fit and proper individuals are associated with the payment system.

Payment aggregators and gateways have to submit periodic reports to the RBI, such as audited annual reports on net worth, reports on customer grievances, cyber security audit reports, and statistics of transactions handled.

Cyber security audits for payment aggregator and gateway systems can be conducted by internal or external auditors who examine the systems and controls in place. They identify vulnerabilities and suggest remedial measures to strengthen the cyber security framework.

The IT governance framework for payment aggregators and gateways encompasses policies, processes, and controls that ensure secure and efficient processing of payments. It also involves compliance with regulatory requirements, data privacy standards, and information security governance.

Payment aggregators and gateways must adhere to data security standards, such as PCI DSS and ISO 27001. They must maintain secure technology platforms, multi-layered data security controls, and data encryption techniques, among others.

Payment aggregators provide merchants with secure payment processing solutions that comply with regulatory requirements and data privacy standards. They also establish policies and procedures for merchant onboarding and transaction processing.

Payment gateway integration involves using secure technology platforms, adhering to compliance requirements, and implementing robust transaction processing systems that detect and prevent fraudulent transactions and data breaches.

Payment aggregators and gateways comply with information security governance by implementing policies and procedures for data security, access controls, incident response, data recovery, and regulatory reporting.

The process for merchant onboarding with payment aggregators involves submitting KYC documents, completing due diligence, setting up payment infrastructure, and complying with regulatory requirements for payment processing.

Payment aggregators have to maintain a security incident reporting mechanism that includes policies and procedures for identifying and reporting security incidents. They must also have a proactive approach to incident management and remediation.

Payment aggregators follow RBI guidelines for efficient transactions by using secure technology platforms, establishing policies and procedures for transaction processing, complying with regulatory requirements, and maintaining high standards of customer service.

Compliance with payment regulations ensures a secure payment ecosystem by minimizing the risks of fraud, data breaches, and financial improprieties. It also ensures customer protection, privacy, and trust in payment systems.

Non-compliance with payment aggregator and gateway regulations can lead to penalties, suspension of operations, loss of reputation, and legal implications. It can also have a negative impact on customer trust and business sustainability.

IT related compliances for Payment Aggregator (PA) entities require adherence to various technological and security standards such as data security, information security governance, cyber security, IT risk management, disaster recovery & business continuity, and IT vendor management.

Payment Aggregators manage IT risks by identifying and mitigating potential risks, assessing the readiness of their IT systems, and establishing a framework to monitor and manage IT risks.

Data security plays a crucial role in PA compliances. PAs must implement robust measures to protect customer data, ensure secure transmission, prevent unauthorized access or data breaches, and comply with data privacy standards.

Reporting requirements for PAs include annual audits by certified auditors, net worth reports demonstrating financial stability, transaction reporting on the volume and types of transactions processed, grievance redressal reporting, cyber security reporting, and compliance reporting.

PAs ensure compliance with KYC/AML guidelines by conducting thorough customer due diligence, verifying customer identities, monitoring transactions for suspicious activities, and reporting any suspicious transactions to regulatory authorities.

PAs establish plans and procedures for disaster recovery and business continuity to ensure the uninterrupted availability of their services in case of disasters or disruptions. This includes backup systems, redundancy, data replication, and periodic testing.

PAs are audited by certified auditors who assess their financial statements, adherence to regulatory standards, compliance with reporting obligations, and overall compliance with payment system regulations.

PAs ensure the security of customer transactions by using secure technology platforms, implementing multi-layered data security controls, and complying with regulatory standards such as PCI DSS and ISO 27001.

Non-compliance with PA regulations can lead to penalties, suspension of operations, reputational damage, legal implications, and loss of customer trust. It is crucial for PAs to adhere to regulations to maintain the integrity and sustainability of their business.

PAs protect customer data by implementing data privacy standards, encryption techniques, access controls, and secure data storage. They have policies and procedures in place to safeguard customer information and comply with data protection regulations.

PAs are required to conduct annual audits by certified auditors to assess their financial statements, adherence to regulatory standards, and compliance with other reporting obligations

Net worth reports submitted by PAs include financial information that demonstrates their financial stability, ensuring they have sufficient funds and liabilities to safeguard customer funds.

PAs need to report statistical information on the number, volume, and types of transactions processed through their systems, providing insights into the functioning and performance of the payment system.

PAs are required to maintain a grievance redressal mechanism and report the number and types of customer grievances received, along with details of resolution and action taken to address those grievances.

Cyber security reporting for PAs involves submitting periodic audit reports that assess the effectiveness of their security controls, identify vulnerabilities, and propose remedial measures to mitigate cyber risks.

PAs are obligated to report fraudulent transactions to regulatory authorities, providing details and supporting evidence of such incidents and the steps taken to prevent and address such activities.

PAs have reporting obligations to demonstrate their compliance with KYC/AML guidelines. This includes maintaining records of customer due diligence, monitoring and reporting suspicious transactions, and cooperating with regulatory investigations.

PAs are required to submit compliance reports on a periodic basis, providing details of their adherence to various regulatory requirements such as KYC/AML guidelines, data privacy standards, and other applicable legal provisions.

PAs must report on their due diligence process and ongoing monitoring of third-party vendors, ensuring they meet necessary security requirements and adhere to compliance standards.

PAs need to report any significant corporate changes, mergers, acquisitions, or restructuring to regulatory authorities, providing necessary details and seeking relevant approvals as per the reporting requirements.

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