Debit Card - Bnm.gov.my

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Debit CardApplicable to:1. Debit card issuers2. Debit card acquirersIssued on: 2 December 2016BNM/RH/PD 036-2

Table of contentsPART A123456OVERVIEW . 1Introduction. 1Applicability . 1Legal provisions . 1Effective date. 1Interpretation . 2Policy documents superseded. 3PART B7891011121314151617BUSINESS CONDUCT . 4Guiding principles on fees and charges . 4Liability for unauthorised transactions . 4Pre-contractual stage . 6At the point of entering into a contract . 6During the term of the contract . 8Advertisement . 9Issuers’ other obligations . 9Opt-in requirement for card-not-present and overseas transactions . 10Cardholder information . 10Complaints management. 10Usage of debit card for unlawful activities . 11PART C18192021222324RISK MANAGEMENT . 12Effective management oversight . 12Comprehensive security policies, procedures and controls . 12Robust operational reliability and business continuity . 15Outsourcing risk management. 15Fraud risk management. 16Specific requirements for acquirers . 21Compliance with other requirements . 22Appendix 1Product Disclosure Sheet - Debit Card . 23Issued on: 2 December 2016

Debit CardPART A1 of 24OVERVIEW1Introduction1.1These requirements aim to safeguard the integrity of the debit card system,thereby preserving consumer confidence and promoting its wider adoption inMalaysia.1.2Part B of this policy document outlines specific requirements and minimumstandards to be observed by debit card issuers and acquirers.1.3Part C of this policy document outlines risk management principles andrequirements for debit card issuers and acquirers.2Applicability2.1This policy document is applicable to all debit card issuers and acquirers.2.2The requirements of this policy document apply to debit card products offeredto:(a)individuals;(b)micro, small and medium enterprises (SMEs); and(c)corporate cardholders,with the exception of requirements under sections 7 to 13 under Part B whichonly apply to debit card products issued to individuals, micro and smallenterprises. However, issuers are encouraged to adopt similar standardsunder these sections for debit card products offered to medium and largeenterprises.3Legal provisions3.1The requirements in this policy document are issued pursuant to:(a)Section 33(1), 47(1) and 123(1) of the Financial Services Act 2013(FSA); and(b)Sections 41 and 42(C)(1) of the Development Financial Institutions Act2002 (DFIA).4Effective date4.1This is an enhanced version of the Debit Card policy document which cameinto effect on 28 February 2014. Requirements which have effective datesother than 28 February 2014 are as follows:(a)Paragraphs 8.2, 8.3, 8.4, 8.6 and 11.1: 1 January 2017;Issued on: 2 December 2016

Debit Card(b)(c)2 of 24Paragraphs 10.3, 10.4, 11.4(a) and 22.13(b): 1 April 2017;Paragraph 22.8 - Implementation of “Chip and PIN” technology:(i) at automated teller machine (ATM): 1 January 2015; and(ii) at point-of-sale (POS) terminals: 1 January 20175Interpretation5.1The terms and expressions used in this policy document shall have the samemeanings assigned to them in the FSA or DFIA, as the case may be, unlessotherwise defined in this policy document.5.2For the purpose of this policy document–“S”denotes a standard, an obligation, a requirement,specification, direction, condition and any interpretative,supplemental and transitional provisions that must becomplied with. Non-compliance may result in enforcementaction;“G”denotes guidance which may consist of statements orinformation intended to promote common understanding andadvise or recommendations that are encouraged to beadopted;“debit card”refers to a payment instrument that is linked to a depositaccount, current account, savings account or other similaraccount at a financial institution that can be used(i)to pay for goods and services;(ii)to withdraw cash from automated teller machine orwithdraw cash at participating retail outlets throughdebit card usage by debiting the user’s account; or(iii)for the purposes of (i) and (ii).“issuer”refers to a person who has obtained approval from BankNegara Malaysia (the Bank) under section 11 of the FSA toissue debit card;“user”refers to any person whom a debit card has been issued toand here on referred to as cardholder;“acquirer”refers to any person that provides merchant acquiringservices;“financialinstitution”refers to any person licensed under the FSA or IslamicFinancial Services Act 2013 (IFSA) or prescribed under theDFIA;Issued on: 2 December 2016

Debit Card“micro, smalland mediumsizedenterprises”3 of 24is as per the definition in the circular on New Definition ofSmall and Medium Enterprises (SMEs) issued by the Bank.6Policy documents superseded6.1This policy document supersedes the policy document on Debit Card issuedon 28 February 2014.Issued on: 2 December 2016

Debit CardPART B4 of 24BUSINESS CONDUCTA.FEES AND CHARGES7Guiding principles on fees and chargesS7.1In determining the type and quantum of fees and charges on debit cards,issuers shall ensure compliance with the Guidelines on Imposition of Fees andCharges on Financial Products and Services.S7.2Upon the issuance of a debit card, issuers may impose a fee for the card.However, issuers shall not charge cardholders an annual fee during the sameyear the debit card is issued.B.LIABILITY8Liability for unauthorised transactionsS8.1Issuers shall provide an effective and convenient means including having adedicated contact number by which cardholders can notify the issuers of anylost, stolen or unauthorised use of their debit cards. Issuers shall alsoimplement procedures for acknowledging receipt and verification of thenotification of the lost, stolen or unauthorised use of the debit card.S8.2Issuers shall not hold cardholders liable for card-present unauthorisedtransactions which require Personal Identification Number (PIN) verification,unless issuers can prove that the cardholder has:(a)acted fraudulently;(b)delayed in notifying the issuer as soon as reasonably practicable afterhaving discovered the loss or unauthorised use of the debit card;(c)voluntarily disclosed the PIN to another person; or(d)recorded the PIN on the debit card, or on anything kept in closeproximity with the debit card, and could be lost or stolen with the debitcard.S8.3Issuers shall not hold cardholders liable for card-present unauthorisedtransactions which require signature verification or the use of a contactlesscard, unless issuers can prove that the cardholder has:(a)acted fraudulently;(b)delayed in notifying the issuer as soon as reasonably practicable afterhaving discovered the loss or unauthorised use of the debit card;(c)left the debit card or an item containing the card unattended, in placesvisible and accessible to others, except at the cardholder’s place ofresidence. However, cardholders are expected to exercise due care insafeguarding the debit card even at cardholder’s place of residence; orIssued on: 2 December 2016

Debit Card(d)5 of 24voluntarily allowed another person to use the debit card.S8.4Issuers must ensure that appropriate investigations are carried out on allunauthorised transactions. Any decision to pass on liability for unauthorisedtransactions must be supported by sufficient evidence to prove that one of theconditions specified in paragraph 8.2 or 8.3, as the case may be, has beenmet.S8.5Issuers shall have clear processes in place to register any notification of lost,stolen or unauthorised use of debit cards and take immediate action uponnotification by the cardholders, to prevent further use of the debit card.Cardholders shall not be held liable for any unauthorised transactions chargedto the debit cards after the cardholders have notified issuers verbally or inwriting, of the lost, stolen or unauthorised use of the debit card.S8.6Issuers shall not hold cardholders liable for losses incurred if the cause of thelosses is due to any of the following:(a)failure of the issuer to send reminders to cardholders as per therequirements in paragraphs 10.3 and 11.4(a);(b)failure of the issuer to provide customer hotlines which are operational atall times for cardholders to notify the issuer of any lost, stolen orunauthorised use of the debit card;(c)a technical breakdown or other deficiency in issuer’s systems orequipment;(d)weaknesses or vulnerability in security features and controls adopted bythe issuer;(e)a transaction that involved the use of a forged debit card;(f)for transactions requiring PIN verification, a transaction that occurredbefore the cardholder received the PIN or changed the default PIN for thefirst time;(g)fraudulent or negligent conduct of the employees or agents of the cardissuer or merchants; or(h)a transaction, excluding a recurring transaction, that occurred after thecardholder has notified the issuer of the lost, stolen or unauthorised useof the debit card.C.DISCLOSURE AND TRANSPARENCY REQUIREMENTSSThis section shall be read together with the general policy requirements stipulated inthe Guidelines on Product Transparency and Disclosure.GDisclosure is effective when product information is given to the cardholders at a timethat is most relevant to enable the cardholders to make informed decisions at each ofthe three stages of the contractual process, which is the pre-contractual stage, at thepoint of entering into a contract, and during the term of the contract.Issued on: 2 December 2016

Debit CardS6 of 24Issuers shall provide a product disclosure sheet (as per the format provided inAppendix 1 of this policy document) containing key information for cardholders tomake informed decisions. The product disclosure sheet shall be provided before thecardholders sign up for the debit card, and at the point of entering into a contract, ifthere are material changes in the information. Issuers shall also ensure that theproduct disclosure sheet is made available in Bahasa Malaysia, upon request.9Pre-contractual stageS9.1Basic features(a)Issuers shall inform cardholders of the key features of the debit card.(b)If an ATM card also functions as a debit card, issuers shall clearly informcardholders of such feature.S9.2Fees and other charges(a)Issuers shall disclose to the cardholders in the product disclosure sheetall applicable fees and charges in relation to the debit card, including theamount and frequency of payment.S9.3Promotional items(a)Cardholders shall be made aware of the conditions tied to anypromotional item and the implications of not complying with suchconditions, if any.10S10.1At the point of entering into a contractTerms and conditions(a)Issuers shall make written terms and conditions for usage of the debitcard readily available to cardholders. The document shall contain a clearand concise description of the major terms and conditions which imposeliabilities or obligations on cardholders (in respect of both principal andsupplementary cards). Such terms shall be described in plain language,which is easily understood by cardholders.(b)Issuers shall advise cardholders to read and understand the terms andconditions before signing the agreement and using the debit card. Issuersshall take reasonable steps to draw cardholders’ attention to the termsthat have implications on liability.(c)Issuers shall inform cardholders on the pre-authorisation amount whichwill be charged to cardholders’ accounts when cardholders use the debitcard at automated fuel dispensers for petrol purchases. Cardholders shallalso be informed that the issuers may hold the amount up to 3 workingdays after the transaction date before releasing any excess amount heldfrom the cardholders’ account.(d)Issuers shall ensure that customer service staff and the sales andmarketing representatives are able to answer queries on the debit cardterms and conditions. The hotlines for the customer service shall bepublished in the brochures, account statements, web pages and at theIssued on: 2 December 2016

Debit Card7 of 24back of the debit card.S10.2Usage of debit card outside Malaysia(a)Cardholders shall be informed of the relevant charges for retailtransactions made outside Malaysia.(b)Cardholders shall also be informed of the transaction fees and currencyconversion fees applicable on the use of the debit card for making cashwithdrawals overseas.S10.3 Cardholders’ responsibilitiesIssuers shall provide a clear and prominent notice to cardholders at the point ofentering into a contract, of cardholders’ responsibilities to:(a)abide by the terms and conditions for the use of the debit card;(b)take reasonable steps to keep the debit card and PIN secure at all times,including at the cardholder’s place of residence. These include not:i.disclosing the debit card details or PIN to any other person;ii.writing down the PIN on the debit card, or on anything kept in closeproximity with the card;iii. using a PIN selected from the cardholder’s birth date, identity card,passport, driving licence or contact numbers; andiv. allowing any other person to use the debit card and PIN.(c)notify the issuer as soon as reasonably practicable after havingdiscovered that the debit card is lost, stolen, an unauthorised transactionhad occurred or the PIN may have been compromised;(d)notify the card issuer immediately upon receiving short message service(SMS) transaction alert if the transaction was unauthorised;(e)notify the card issuer immediately of any change in the cardholder'scontact number;(f)use the debit card responsibly, including not using the debit card forunlawful activity; and(g)check the account statement and report any discrepancy without unduedelay.S10.4Liability for unauthorised transactions(a)Issuers shall inform cardholders, through clear and prominent notices,that they would not be liable for card-present unauthorised transactionswhich require PIN verification, provided the cardholders have not:(i) acted fraudulently;(ii) delayed in notifying the issuers as soon as reasonably practicableafter having discovered the loss or unauthorised use of the debitcard;(iii) voluntarily disclosed the PIN to another person; or(iv) recorded the PIN on the debit card or on anything kept in closeproximity with the card.(b)Issuers shall inform cardholders, through clear and prominent notices,that cardholders would not be liable for card-present unauthorisedtransactions which require signature verification or the use of acontactless card, provided the cardholders have not:(i) acted fraudulently;Issued on: 2 December 2016

Debit Card8 of 24(ii)delayed in notifying the issuers as soon as reasonably practicableafter having discovered the loss or unauthorised use of the debitcard;(iii) left the debit card or an item containing the card unattended inplaces visible and accessible to others; or(iv) voluntarily allowed another person to use the debit card.11During the term of the contractS11.1Statement(a)For accounts without a passbook, issuers shall at least provide a monthlye-statement to cardholders, containing transaction details and the dateswhen those transaction amounts were posted to the account.(b)If there are requests from cardholders for hardcopy statements, issuersshall facilitate the requests without any fee, unless otherwise approved bythe Bank.S11.2Closure of account(a)Issuers shall allow cardholders to close their accounts at any time withoutbeing subjected to a cumbersome account closure procedure.(b)Issuers shall disclose any penalty charge applicable to early closure ofaccount within a specified time frame.S11.3Change to the terms and conditions(a)Should there be any change in the terms and conditions, issuers shallprovide at least 21 calendar days’ notice to cardholders before the newterms and conditions take effect.(b)Any change in fees and charges applicable to the accounts shall becommunicated by the issuers to cardholders at least 21 calendar daysprior to the effective date of the change.(c)Communication shall be done in writing or via electronic means to thecardholders.S11.4 Cardholders’ responsibilities and awareness of fraud prevention measures(a)Issuers shall send notices to cardholders at least once in every calendaryear after card issuance to remind cardholders of the cardholders’responsibilities in paragraph 10.3.(b)Issuers shall maintain on-going efforts to raise cardholders’ awareness onpotential liability for card-present unauthorised transactions due to theconditions specified in paragraphs 8.2 and 8.3, measures to prevent debitcard fraud, including the need to safeguard the debit card and PIN.(c)The reminders and information on fraud prevention measures shall becommunicated to cardholders using channels that are effective inreaching the cardholders.Issued on: 2 December 2016

Debit CardD.9 of 24MARKETING REQUIREMENTS12AdvertisementS12.1Issuers shall ensure that advertisements and promotional materials on debitcard products are clear, fair and not misleading.S12.2Issuers shall establish processes for an independent review of advertisementand promotional materials on debit card products, for instance by theCompliance Unit or Legal Unit, to ensure that they are clear and not misleading.S12.3For print media advertisement, the advertisement shall clearly andconspicuously disclose material information about any debit card offer that islikely to affect cardholders’ decisions. Legible font size shall be used to bringcardholders’ attention to any important information, relevant fees and chargesand eligibility criteria to enjoy the benefits being offered.S12.4Promotional materials shall provide adequate information on the key terms andconditions of the debit card product. The materials shall also contain informationon the annual fee and any other applicable charges to facilitate comparisons bycardholders. The information shall be presented in plain language and in legiblefont size.S12.5Issuers shall state prominently important terms and conditions associated withoffers of free gifts, prizes, discounts or vouchers for the promotion of debit cardsin print advertisements, or in the marketing materials for new cardholders, ortogether with the account statements for existing cardholders.S12.6In advertising special features or promotions in print or electronic media, theapplicable eligibility criteria to enjoy the privileges shall be disclosed up-frontwith the announcement. The “applicable eligibility criteria” are those that areimperative to the advertised feature/promotion in addition to the basic terms andconditions of holding the debit cards. Issuers shall not merely indicate in afootnote that “terms and conditions apply”.S12.7Advertisements or other promotional materials shall not describe any debit cardfeature as “free” or at “no cost” if there are conditions attached or other forms ofcharges will be imposed on cardholders.13Issuers’ other obligations13.1Issuers shall ensure that sales and customer service representatives (includingcall centres) are adequately trained and knowledgeable in the key features,benefits and risks of the debit card products.SIssued on: 2 December 2016

Debit Card10 of 24S13.2Issuers shall apply due care and diligence when preparing information for useby sales and customer service representatives so that the information issufficient, accurate, appropriate and comprehensive in substance and form. Thisis to ensure that cardholders are adequately informed by the sales andmarketing representatives of the terms (including fees and charges), benefitsand material limitations of the debit card product or services being offered.S13.3Issuers shall establish procedures and take reasonable steps to ensure thatcardholders’ expressed preference (e.g. not to be contacted on new productoffers) are duly respected.S13.4Issuers shall put in place adequate verification procedures to confirm the identityof debit card applicant to prevent the use of stolen information (e.g. identitytheft) for debit card applicationsE.OTHER REQUIREMENTS14Opt-in requirement for card-not-present and overseas transactionsS14.1Subject to paragraph 14.2 below, issuers must by default block cardholders frommaking any card-not-present transaction which is not authenticated via strongauthentication method such as dynamic password or any overseas transactionusing a debit card.S14.2Issuers shall only allow cardholders to make a card-not-present transactionwhich is not authenticated via strong authentication method such as dynamicpassword or an overseas transaction using a debit card, provided that thecardholders have expressly opted-in to conduct such transactions. Forcardholders who wish to opt-in card-not-present or overseas transactions,issuers are required to inform the cardholders of the risks of such transactions,and also provide the cardholders with an option to subsequently disable suchtransactions.15Cardholder information15.1Issuers shall comply with the requirements on disclosure of customerinformation as specified under section 10 (under general policy requirements) ofthe Guidelines on Product Transparency and Disclosure.16Complaints managementSS16.1 Issuers shall comply with the complaints management requirements as specifiedin the “Guidelines on Complaints Handling” issued by the Bank.S16.2 Issuers shall provide cardholders with information on how complaints may bemade and the contact details of the issuer’s complaints unit.Issued on: 2 December 2016

Debit Card11 of 24S16.3 In the event an issuer extends the time period for the completion of aninvestigation beyond 14 calendar days from the date a disputed transaction isfirst reported, whether orally or in writing, the issuer shall:(a)At a minimum, provisionally credit the full amount of the disputedtransaction or RM5,000, whichever is lower (including any interest whereapplicable), into the cardholder’s account no later than 14 calendar daysfrom the date the cardholder provides the issuer with the followinginformation, whether orally or in writing:(i) cardholder’s name;(ii) affected account;(iii) date of disputed transaction;(iv) amount of the disputed transaction; and(v) reason why the cardholder believes that it is a disputed transaction;(b)Credit the remaining amount of the disputed transaction (including anyinterest where applicable) no later than 30 calendar days from the date ofthe first crediting in accordance with paragraph 16.3(a) which is lesserthan the amount of the disputed transaction; and(c)Allow the cardholder the full use of the provisionally credited funds.S16.4 In implementing paragraph 16.3, issuers shall provide adequate warning tocardholders of the actions that can be taken by the issuers against cardholdersfor any attempt to make false claims on the disputed transactions.S17Usage of debit card for unlawful activities17.1Issuers shall include in the terms and conditions a clause specifying that thedebit cards are not to be used for any unlawful activities 1. Issuers shallimmediately terminate the debit card facility if the cardholders are discovered tohave used the debit card for an unlawful activity.1Activities which are forbidden by the law such as illegal online betting.Issued on: 2 December 2016

Debit CardPART CS12 of 24RISK MANAGEMENTThe rapid pace of technological innovations has changed the scope, complexity andmagnitude of risks that issuers and acquirers face in carrying out the debit cardbusiness. Issuers and acquirers shall have adequate processes and controls in placeto manage and respond to such risks, including operational risks associated with thedebit card business.18Effective management oversightS18.1The Board of Directors and senior management of issuers and acquirers shallestablish effective oversight measures, checks and balances and riskmanagement mechanism over the risks associated with their debit cardoperations, which include, among others, the following:(a)Establishment of a comprehensive risk management process and internalcontrols for managing and monitoring risks associated with the debit cardoperations.(b)Establishment of processes for the review, approval and implementationof appropriate policies and procedures governing the debit cardoperations to ensure that the risks in the debit card operations areadequately mitigated.(c)Oversight of the development and continued maintenance of the securityinfrastructure that safeguards the debit card systems and data frominternal and external threats.(d)Audit by an independent party2 shall be conducted and undertaken withreasonable frequency to ascertain and detect weaknesses for promptcorrective measures to be taken in a timely manner.(e)Establishment of a comprehensive and on-going due diligence andoversight process to manage outsourced arrangements and other thirdparty arrangements supporting the debit card operations.S18.2The Board of Directors and senior management of issuers and acquirers shallalso ensure that a strong management information system (MIS) is in place tosupport decision making, analysis and risk management.19Comprehensive security policies, procedures and controlsSIssuers and acquirers shall implement and enforce relevant policies and procedures toensure confidentiality, integrity and availability of data as well as to ensure that thesystem and network infrastructure are safe and secure.S19.12Robust security controls such as, intrusion detection and intrusion preventionsystems and firewalls shall be put in place to secure the system and networkinfrastructure. In this regard, penetration tests shall be performed regularly todetect vulnerabilities for timely corrective measures to be taken to addresssecurity weaknesses.Internal or external auditorIssued on: 2 December 2016

Debit CardS19.2Procedural and administrative controls on critical processes shall be put inplace. Critical processes include, but are not limited to, the following:(a) PIN generation and printingPIN generation and printing processes are tasks that shall be performedin a highly secure environment. In this regard, the following shall, at theminimum, be observed:(i) Usage of hardware-based PIN generation and verification.(ii) Generated PINs shall be protected from being accessed or viewedby unauthorised persons.(iii) The process of generating the PIN has to be strictly controlled. Inthis regard, PIN generation and printing area shall be strictlyrestricted to authorised personnel only.(iv) Regeneration of the same PIN for the same card/account shall beprohibited.(v) At least one independent party (which may be personnelindependent of the process) shall be present to observe and checkthat the PIN generation and printing processes are undertaken inaccordance with accepted procedures.(b)313 of 24Personalisation3 process(i) Personalisation process shall be performed in a secure environment.Access to personalisation machine, reader and data shall be strictlyrestricted and controlled.(ii) Data used for personalisation shall be classified as confidentialinformation and issuers shall ensure confidentiality and safety of thedata that has been sent, stored and processed. These data shall bedeleted upon completion of the process.(iii) Sensitive keys used to perform personalisation shall be kept in asecure manner. Adequate policy and procedures shall beestablished to govern the management of such keys to ensure thatthey are safeguarded to prevent any unauthorised usage.(iv) Periodic card inventory reconciliation and audit shall be performedon blank cards.(v) Card personalisation centre shall ensure that the following controlsare in place: Adequate physical and logical security controls. Segregation of duties and dual control. Network security control.When the card personalisation process is outsourced, controls shallbe in place to ensure that the data sent for personalisation to theoutsourced vendors are secured. The issuers must monitor theoutsourced vendor to ensure that the above requirements are met.A process of injecting/encoding customer data into the blank card’s chip/magstripe; and embossing thecards with customer's details, e.g. name and expiry date.Issued on: 2 December 2016

Debit Card14 of 24S19.3Effective segregation of functions on handling of debit card and PIN shall beobserved at all stage

Debit Card 4 of 24 Issued on: 2 December 2016 PART B BUSINESS CONDUCT A. FEES AND CHARGES 7 Guiding principles on fees and charges S 7.1 In determining the type and quantum of fees and charges on debit cards, issuers shall ensure compliance with the Guidelines on Imposition of Fees and .

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