1. Member States shall require that, where a
payment service user denies having authorised an executed payment
transaction or claims that the payment transaction was not correctly
executed, it is for the payment service provider to prove that the
payment transaction was authenticated, accurately recorded, entered in
the accounts and not affected by a technical breakdown or some other
deficiency of the service provided by the payment service provider.
If the payment transaction is initiated through a
payment initiation service provider, the burden shall be on the payment
initiation service provider to prove that within its sphere of
competence, the payment transaction was authenticated, accurately
recorded and not affected by a technical breakdown or other deficiency
linked to the payment service of which it is in charge.
2. Where a payment service user denies having
authorised an executed payment transaction, the use of a payment
instrument recorded by the payment service provider, including the
payment initiation service provider as appropriate, shall in itself not
necessarily be sufficient to prove either that the payment transaction
was authorised by the payer or that the payer acted fraudulently or
failed with intent or gross negligence to fulfil one or more of the
obligations under Article 69. The payment service provider, including,
where appropriate, the payment initiation service provider, shall
provide supporting evidence to prove fraud or gross negligence on part
of the payment service user.