A Dual Dilemma Payone’s Regulatory Hurdles Intensify Worldline’s Financial Struggles

The year 2023 has unveiled a series of regulatory and legal challenges for PAYONE GmbH, a notable joint venture of the global payment sector leader, Worldline. With German financial watchdog BaFin’s intervening enforcement actions against PAYONE for acute money laundering risks and significant non-adherence to prevention standards, the storm clouds have gathered ominously over the enterprise. This enforcement action, effective from 29th August 2023 revealed PAYONE’s questionable commitment to due diligence, revealing a client base inundated with connections to fraudulent online activity.

Notably, Worldline’s shares took a deep plunge, with the company witnessing a drastic fall of nearly 60%, a stark juxtaposition against its thriving valuation at over €11 billion during its 2014 spinoff from Atos. Worldline’s downturn may not be merely a reflection of an economic contraction or a reduced growth outlook; but may be compounded by the regulatory actions against PAYONE. The interconnected challenges of these two entities are real.

Hannes Leitner of Jefferies has indicated that the recent downturn, marked by both regulatory challenges and market dynamics, signifies a broader paradigm shift in the payment sector’s outlook.

It appears, that where post-Covid optimism once heralded a consumer spending boom, a slew of factors, including PAYONE’s regulatory challenges, Worldline’s technical glitches, and a broader economic slowdown, have now collided, tempering that optimism.

Adding layers to PAYONE’s legal and regulatory predicaments, allegations emerged earlier this year involving Orrick UK , Worldline & PAYONE’s legal counsel. Accused of contravening the SRA Warning Notice 2020, Orrick UK was reported to have propositioned a substantial settlement to a former PAYONE employee. The offer? A tempting December 2022 correspondence asking the former employee to retract AML regulatory disclosures made to regulators including BaFin between May to November 2022. The embroiled employee, formerly managing the Foot Locker EMEA retail account, rebuffed the offer, further unveiling PAYONE’s alleged involvement in money laundering-related breach activities.

In a culmination of these challenges, PAYONE GmbH prepares for an appearance before the UK High Court on 14th November 2023. This hearing, includes a strike out application part related to money laundering due diligence allegations and protected disclosures by the former employee, looms for PAYONE.

Gilles Grapinet, CEO of Worldline, in his recent comments, delineated the myriad challenges facing the company, from European economic downturns to unforeseen regulatory complexities, particularly stemming from Germany. As the payments industry continues to grapple with this turbulent phase marked by both cyber risks and shifting economic sands, the trajectory of giants like Worldline and their associated ventures, such as PAYONE, remains the focal point for market watchers.

The evolving saga encapsulates the nuanced challenges faced by the global payments industry, with both macroeconomic factors and company-specific issues playing a pivotal role. Investors, regulators, and analysts are bound to monitor the forthcoming developments closely, given their profound implications for the sector at large.

by Loopline media

Sources: Financial Times 25 October 2023 article (author: Sarah White)

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Post-Brexit: data protection
Card processor sends sensitive data to wrong address
24 August 2022

Worldline SA subsidiary Payone GmbH has been accused of breaching data protection rules after it sent sensitive employee payroll information to the wrong address by accident. The Worldline Group holdS a 60% stake in the Frankfurt based company who have a small UK market presence.

In June 2021, one of Payone GmbH’s ex UK employees (the data subject) received a “potential data breach notification” from the firm advising him that his salary, National Insurance data, nationality (Special Category Data) was amongst various bits of information sent to an incorrect home address.

This included personal information such as the former employees name, age and address.  It also included details such as the date of birth and the amount of annual work bonus he received in his bank account amongst other identifiable data.

Payone GmbH confirmed that this document was sent out in error following an employee making a mistake when re-entering data processed by their third-party payroll provider.  The error arose when the employee was fulfilling an Article 15 GDPR request. The error was spotted by the data subject when he noticed in an email version of the document that the postal address was incorrect. An attempt to notify Payone GmbH of the error went in vain as the document was already irretrievably despatched.

The data subject was alarmed with the incident which exposed him to the possibility of fraudulent activity, amidst reasonable fears his data could end up on the dark web and used by criminals.  Habitually resident in the UK he complained to the Information Commissioner’s Office (ICO) in June 2021. He similarly raised the concern in Germany via The Hessian Commissioner for Data Protection and Freedom of Information (HBDI).

The ICO reprimanded Payone GmbH for the error in their final decision letter.
Similarly, the HBDI cited a violation of Article 5(f) of the General Data Protection Regulation (GDPR) relating to integrity and confidentiality.

The ICO stated in their July 2021 findings that Payone GmbH, “should take steps to ensure that all personal data records are accurate and up to date. Holding inaccurate information, such as addresses, does increase the risk of personal data breaches and poses risks to the security of information”.

The HBDI confirmed in their October 2021 findings that Payone GmbH had taken remedial action. They concluded that a monetary fine would not be imposed on Payone GmbH as they had taken technical and organisational steps in response to the data breach. Data subjects could now request their data in an autonomous portal.

The GDPR, which came into effect in 2018, gave the Information Commissioner’s Office greater powers to tackle data breaches. The new ‘UK GDPR’ charts its own course after Brexit whilst seeking to maintain EU GDPR adequacy.  In extreme scenarios, organisations face penalties of up to £20m or 4 per cent of their global worldwide turnover, whichever is more.

In the years prior to GDPR, the ICO fines were capped at £500,000.

The data subject said: “I am just glad I spotted it; they were going to resend the document again to another wrong address. Prior to Brexit the process would have been commenced via the ICO who in turn would liaise with the HBDI on the data subjects’ behalf; but I found myself communicating with both authorities separately which was an additional step but in the end was surprisingly
effective. Unfortunately, Payone GmbH again sent my incorrect address to the
Workers Pension Trust in January 2022, and documents yet again went to the wrong address. In my opinion they have not learned from the first time and my complaint is sitting with the ICO yet again”.

The former employee is pursuing a remedy under Article 82 UK GDPR via
the Court’s of England & Wales.

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