Unzer Eases Into New Territory: Bafin Relaxes Customer Acquisition Rules

In a recent development, the financial supervisory authority, Bafin, has decided to ease its restrictions on Unzer E-Com GmbH, a subsidiary of the Berlin-based payment service provider Unzer. This decision permits Unzer E-Com to cautiously onboard new customers, marking a partial lifting of the ban on new business that had been in effect since the summer of 2022. Max Steiger, Chief Compliance and Governance Officer at Unzer, expressed satisfaction with Bafin’s recognition of the company’s efforts to enhance compliance standards and corporate governance.

Unzer, known for its role in processing payments in e-commerce and retail settings, underwent scrutiny from Bafin following a special audit, which uncovered numerous deficiencies in corporate management measures, control mechanisms, and procedures. Notably, serious shortcomings were identified in the realm of anti-money laundering measures, prompting Bafin to impose restrictions on new customer acquisition. Despite these challenges, Unzer remains committed to addressing the identified deficiencies under the oversight of a Bafin-appointed special representative.

The broader fintech landscape has also faced increased regulatory scrutiny in the aftermath of the Wirecard scandal, with Bafin examining various payment service providers for compliance with anti-money laundering regulations. While some fintechs have made strides in remedying deficiencies, others continue to grapple with regulatory constraints. Birgit Rodolphe, Executive Director at Bafin, acknowledged the progress made by certain companies but emphasized that easing restrictions would be contingent upon sustained improvement in compliance measures.

Notably, Bafin’s decision to ease restrictions on Unzer E-Com is accompanied by ongoing vigilance, with special representatives retaining oversight responsibilities even as growth restrictions are relaxed. This precautionary measure aims to prevent complacency and ensure the continued effectiveness of anti-money laundering mechanisms.

Unzer’s CEO, Robert Bueninck, has spearheaded efforts to address the company’s challenges, including the strategic decision to discontinue services for certain sectors, such as digital entertainment, encompassing adult entertainment and gaming providers. Despite recording a loss of 381 million euros in 2022, Unzer is navigating its financial restructuring with the support of major stakeholders, including financial investors like KKR and institutional creditors like Alcentra Asset Management, Goldman Sachs Asset Management, and the Partners Group.

While Bafin refrained from commenting specifically on the requirements imposed on Unzer, it reiterated its commitment to evaluating the effectiveness of anti-money laundering mechanisms through a cautious approach to easing restrictions on new customer acquisition. This measured approach underscores Bafin’s dedication to maintaining robust regulatory oversight while allowing fintechs the opportunity to demonstrate compliance and foster sustainable growth in the evolving financial landscape.

Unzer’s platform is crafted to streamline payment processes, offering merchants a seamless experience across diverse channels, devices, and markets. By consolidating payment data and providing actionable insights, Unzer empowers merchants to make informed decisions swiftly, enhancing customer satisfaction and driving business growth.

Unzer’s mission is crystal clear: to empower business owners to deliver unparalleled commerce experiences effortlessly. Regardless of the preferred payment method or shopping environment, Unzer equips merchants with the tools they need to exceed customer expectations and thrive in a competitive market.

In 2022, Unzer facilitated millions of transactions, cementing its position as a leader in the payment space. With revenue soaring into the millions of euros, Unzer’s impact reverberates throughout Europe. The company’s extensive network spans multiple locations, serving merchants of all sizes with unwavering dedication. Behind this success lies a team of passionate employees committed to upholding Unzer’s reputation for excellence.

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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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