Leadership Changes at Worldline SA Subsidiary Amid Regulatory Challenges

Frankfurt, Germany – Payone GmbH, a leading name in the electronic money and payment services sector, is navigating a crucial period of regulatory and leadership changes. Amidst this transformative phase, the company announced Dr. Matthias Böcker’s appointment as Chief Risk Officer (CRO), a move indicative of its renewed focus on compliance and strategic growth.

Context and Challenges Recent developments follow BaFin’s ongoing, live, and intense scrutiny of Payone’s anti-money laundering practices in a part of its business segment. Notably, the extent to which whistleblowing disclosures from July 2022 and March 2023 influenced BaFin’s “Special Audit” remains opaque. However, the audit’s outcome has had a tangible impact, leading to the annulment of a significant segment of Payone’s business operations due to,

“serious deficits in complying with and implementing the required enhanced due diligence obligations under the Money Laundering Act.”

Source: BAFIN press release of 7 September 2023

In this scenario, BaFin emerges as a proactive regulatory body, safeguarding public interest. Their decisive action addresses potential risks of fraud and terrorist activities, underscoring the importance of stringent compliance in the financial sector.

The situation at Payone GmbH, as highlighted by the regulatory intervention, raises significant concerns about the potential consequences of inadequate compliance measures. Without BaFin’s timely action, it appears that Payone’s operational practices, particularly in their e-commerce business segment, could have inadvertently aligned with the interests of entities engaged in illicit activities, such as fraudsters, money launderers, and those funding terrorist activities.

Such an alignment, even if unintentional, poses a serious threat to public interest and the integrity of the financial system. Effective anti-money laundering (AML) and counter-terrorism financing (CTF) practices are crucial in identifying and preventing transactions that could facilitate criminal activities. Failure in these areas not only violates regulatory standards but also potentially endangers public safety and national security.

By allowing a high-risk portfolio to develop without robust due diligence and ongoing monitoring, Payone allow a conduit for illegal activities. This situation underscores the importance of financial institutions maintaining stringent compliance protocols, not just to fulfill regulatory requirements but also to protect broader societal interests. The intervention by BaFin, in this context, serves as a necessary measure to safeguard the financial system and public welfare from the risks associated with inadequate oversight in financial transactions.

Whilst we are short on detail as to the extent of the shortcomings the move serves as a stark reminder of the critical role regulatory bodies play in upholding the integrity of financial markets and protecting the public from the far-reaching consequences of non-compliance with AML and CTF regulations.

Leadership Shift

The leadership transition at Payone GmbH marks a critical response to the unfolding challenges. Björn Hoffmeyer, who has stepped down from his management role as the Chief Commercial Officer at Payone, is set to transition to a new position at Worldline, concentrating on the expansion of the SME business. The specific nature of his previous role in the onboarding, navigation, or risk oversight at Payone remains unclear.

Simultaneously, Dr. Matthias Böcker’s appointment as the new Chief Risk Officer (CRO) signals a decisive shift toward reinforcing Payone’s governance framework. Böcker’s extensive expertise in financial risk management positions him as a pivotal figure in navigating Payone through the intricate regulatory landscape. His role is seen as critical in restoring AML reputation and enhancing the company’s compliance protocols and perhaps steering it toward a future defined by fully adhering to AML procedures.

Payment Industry Perspective

This episode reflects a growing trend in the financial services industry, emphasising the criticality of adherence to regulatory norms and proactive risk management. Payone’s situation serves as a cautionary tale for similar payments institutions, highlighting the consequences of compliance lapses particularly in view of the former Payone rival and now-defunct firm Wirecard.

What does this all mean?

In scenarios like the one unfolding at the Worldline joint venture Payone GmbH, the range of stakeholder reactions can be broad but revealing. On one side of the spectrum, there’s an acknowledgment of the need for these changes. This recognition stems from an understanding that rebuilding trust and securing the company’s future in the financial sector requires decisive action, often in the form of leadership reshuffles and strategic pivots. These steps, while disruptive, are essential for aligning with the stringent regulatory frameworks that govern the industry.

On the other side, concerns may loom large about the immediate ramifications these changes bring to daily operations. It’s a legitimate worry, as the introduction of new leadership and potential shifts in corporate strategy can create short-term operational challenges. Employees, customers, and partners may face a period of adjustment, with workflow disruptions and policy shifts. This phase is critical, as it tests the resilience and adaptability of the organisation.

However, the true intrigue lies in the delicate dance between regulatory compliance and operational fluidity. This situation at Payone is a microcosm of a larger narrative that can play out in the financial sector globally. In a digital era where regulatory bodies are increasingly vigilant, companies are finding themselves at a crossroads. They must navigate the tightrope of adhering to evolving regulatory demands while ensuring their operational engine continues to run smoothly.

Looking Ahead

Payone GmbH’s journey forward is set to be closely monitored given the wider implications for the Worldline Group who have recently dropped out of the CAC 40. The unfolding story is a testament to the dynamic nature of financial services and the critical role of regulatory bodies like BaFin, the FCA, and the like, in maintaining the sector’s integrity.

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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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