December 9, 2022

Wire Service Canada

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Mark mandatory, penalties for violations in 7 questions and answers

1 – On June 30, POS sanctions were activated: what does this mean?

Merchants and professionals may be penalized if they do not allow customers to pay with a debit (eg Bancomat), credit or prepaid card.

2 – How high are the penalties?

For each rejected position transaction (of any amount), the fine is €30, plus 4% of the value of the transaction itself.

3 – Is it possible to pay at a discount?

No, the reduced payment is excluded, and is usually provided upon settlement within 60 days of immediate dispute or notification of violation.

4 – Are there exceptions?

The penalty does not apply “in cases of objective technical impossibility” to receive card payments via points of sale. It will be important to clarify the hypotheses in question: for example, actual problems with the temporary connection or technical malfunctions of the device.

5 – Was the obligation to have the point of sale device already in force?

Yes, for those who engage in “the activity of selling products and providing services, including professional services”, the obligation to accept card payments has been in place since June 30, 2014 (Article 15, Paragraph 4, Legislative Decree 179/2012). But no sanctions were ever contemplated (inserted in 4bis).

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