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Financial Services Law Insights and Observations

Canada Proposes Adding Mobile Payments to Card Industry Voluntary Code of Conduct

Credit Cards Debit Cards Mobile Payment Systems

Fintech

Recently, Canada’s Department of Finance published a consultation paper that proposes an addendum to the Code of Conduct for the Credit and Debit Card Industry in Canada to apply the Code to mobile payments. The Code, which took effect in August 2010, is a voluntary measure applicable to credit and debit card networks and covers point-of-sale, Internet, and phone payment methods. The addendum would extend the Code to apply explicitly to payments initiated by consumers that access a deposit or credit account through a payment network accessed by mobile device at the point-of-sale. The addendum also would clarify the way in which five of the ten elements of the code would apply to mobile payments. For example, the addendum would prohibit credit and debit card functions from co-residing in the same mobile payment application. Canada’s Department of Finance has invited stakeholder comments on all aspects of the proposal.