2022-11-28
Added · Updated
The Central Bank of Jordan enforces Instructions No. (12/2022) regulating open finance services, requiring all licensed banks and electronic payment companies in the Kingdom to reconcile with these provisions within one year. The document establishes governance responsibilities for boards and senior management, mandates a comprehensive open finance services policy, and imposes strict risk management and contracting obligations for Third Party Providers. It specifies technical API requirements, including security controls, data access logs, and performance indicators, while defining detailed standards for Account Information and Payment Initiation Service Providers.
No.: 10/6/18942 Date: 4/5/1444 Hijri Corresponding to: 28/11/2022 Regulating Open Finance Services Procedures Instructions NO. (12/2022) Issued pursuant to the provisions of Article (65/b) of the Central Bank of Jordan Law No. (23) Of year 1971 and its amendments, Article (99/b) of the Banking Law No. (28) of year 2000 and its amendments and Article (55) of the Electronic Payment and Money Transfer Bylaw No. (111) of year 2017. Article (1): A. These instructions is called " Regulating open Finance services procedures Instructions NO. (12/2022)", and they shall be enforced from the date of their issuance. B. Every company that have already provides open finance services shall reconcile according to the provisions of these instructions within one year from its effective date, and the Central Bank may extend this period. Article (2): A. The following terms and expressions shall have the meanings assigned thereto below wherever mentioned in these instructions, unless the context indicates otherwise: The term/ expression The meaning Company Any bank licensed to engage in banking activities in the Kingdom in accordance with the provisions of the Banking Law, and any Electronic Payment and Transfer
2 of Funds company licensed to operate in the Kingdom in accordance with the provisions of the Electronic Payment and Money Transfer Bylaw No. (111) of 2017. Board The Board of Directors of the company and those with same equivalent positions Senior Executive Management Includes the general manager of the company or regional manager, deputy general manager or deputy regional manager, assistant general manager or assistant regional manager, Chief Financial Officer “CFO”, Internal audit manager, Chief Risk Officer “CRO”, Chief Compliance Officer “CCO” and any other employee in the company who has an executive power parallel to the aforementioned powers and is directly reporting to the general manager. Application Programming Interfaces (APIs) It is a set of rules, specifications, protocols and tools necessary to create an intermediate interface between different software application and allows them to communicate and facilitates the process of interaction between them. Customer’s account A financial account for the customer with the company that contains the customer's data according to the nature of the company's business. Customer’s data Any information or data about customers, their accounts, or any of their transactions within the company Open Finance Services Services that aim to enable the company's customers to securely share their financial data with the Third Party Providers (TPPs) to provide value-added financial services and products to them through API technology. Account Information Service Provider (AISP) The entity that ownsthe technical ability and is authorized by the customer (subject to the customer's explicit consent) to access the data/ information of his/ her account within the company and use it to build and provide value-added services by processing this data. This party also provides an alternative access point to multiple sources of data other than those points owned by the company. Payment Initiation Service Provider (PISP) The entity that has the technical ability and is authorized by the customer (subject to the customer's explicit consent) to either pass a payment transaction request only and/ or to make a payment on behalf of the customer. Third Party Provider (TPP) The entity that uses the Application Programming Interface (API) to access customer data in order to provide value-added financial services and products to customers through API technology. These include, but are not limited to, Payment Initiation Service Providers (PISPs) and/ or Account Information Service Providers (AISPs). Participant The party covered by the open finance services ecosystem (they are the company and Third Party Providers (TPPs)) Customer's explicit consent A prior written consent or its equivalent in accordance with the relevant legislations from the customer (account holder ( authorizing the company to share his/ her data. B. The definitions mentioned in the Central Bank Law, the Electronic Transactions Law, the Banking Law, and the Electronic Payment and Money Transfer Bylaw and any related legislations issued by the Central Bank shall be adopted wherever stated in these instructions, unless the context indicates otherwise.
3 C. The provisions contained in the Instructions for Regulating Know your Customer Procedures and dealing with him electronically NO. (7/2021) are considered additional requirements to what was stated in these instructions and should be read with them as one unit. D. The provisions contained in these instructions are considered additional requirements to what was stated in the AML/CFT instructions and should be read with them as one unit. Article (3): Scope, Application Mechanism and Stakeholders A. With observance to the provisions mentioned in Paragraph (B) of this Article, the provisions of these instructions shall apply to all banks operating in the Kingdom and electronic payment and money transfer companies licensed in the Kingdom. B. The branches of foreign banks/ electronic payment and money transfer companies operating in the Kingdom shall comply with these instructions to the extent applicable to them, or by the guides and policies issued by their headquarter (the mother bank/ company) or by the regulatory authority in their home country, whichever is more achieving to the objectives of these instructions. In case that the instructions issued by the mother bank/ company or by the regulatory authority in the home country achieve more the objectives of these instructions on the branch, then the branch must provide the CBJ with supporting documents to prove this, taking into account to not conflict with the legislations in force in the Kingdom. In case of any conflict, the branch shall inform the CBJ and the mother bank/ company of such matter, provide the necessary clarification of such conflict, and obtain the Central Bank’s approval on rectifying such conflict. Article (4): Governance A. The Board shall have the following responsibilities and duties:
4 of both parties; the confidentiality, privacy and security of information and non-disclosure thereof; and determine the provisions regarding the termination of the contract between them. 5. Ensuring obtaining the customer's explicit consent in accordance with the applicable laws and instructions related to open finance services, including: a. When giving the Third Party Provider (TPP) access to his/ her account or any of his/ her data. b. For services whose nature requires the storage of customer data with a Third Party Provider (TPP). 6. Ensuring that all activities and services that the Third Party Provider (TPP) is authorized to perform or provide are reviewed, and that the Board is regularly notified of the risks that may arise therefrom. 7. Ensuring the training, education and awareness of the company's employees about the relevant business to be provided by the Third Party Provider (TPP), and how it relates to their business. 8. Immediately informing the Central Bank of any breach or violation of the laws, regulations, and instructions in force, or of any negative developments during the contracting procedures with the Third Party Provider (TPP) that would negatively affect the company and the company's procedures. Article (5): Open Finance Services Policy A. The company is committed to establish the open finance services policy so that it is documented and approved, and covers all security elements related to it. The policy shall be based on the best international practices in the regard and is compatible with the company's information security and cybersecurity policy. The policy must include, at a minimum, the following:
5 6. An appropriate mechanism for continuous monitoring and auditing of the Third Party Provider (TPP) in accordance with the terms and conditions of the agreement signed between the company and the Third Party Provider (TPP). 7. The roles and responsibilities of those involved with the company in dealing with the Third Party Provider (TPP). 8. The basis for assessing the risks of dealing with the Third Party Provider (TPP) and the mechanisms and controls for managing and mitigating them. B. The company is committed to publish the most important provisions of the open finance services policy, which are not considered confidential, on its approved official channels. Article (6): Risk Management The company shall identify, manage and monitor any risks that may result from contracting with the third party provider (TPP) and include them within the comprehensive risk assessment framework of the company and update it, taking into account the following: A. Determining the sensitivity degree of the information assets and data accessed by the Third Party Provider (TPP). B. Analyzing and evaluating the impact of dealing with the third party provider (TPP) on the company's risk profile and on achieving its objectives, and documenting and including them in the company's risk register. C. Evaluating the overall security and operational risks associated with dealing with the Third Party Provider (TPP) and defining the company's role and responsibility in managing them, and documenting this assessment and the acceptable level of risk. D. Developing a plan to mitigate the security and operational risks that may result from contracting with the third party provider (TPP). E. Developing key risk indicators to monitor the level of risks related to dealing with the Third Party Provider (TPP) to ensure that the risk appetite and the degree of risk tolerance are not exceeded. F. Developing a methodology for classifying payment operations based on the risks that these operations may be exposed to and on their being commensurate with the number of customer authentication factors used for customer authentication when performing payment operations. Article (7): Contracting with a Third Party Provider (TPP) A. When contracting with a third party provider (TPP), the company shall take into consideration the following at a minimum and within the limits of the contract concluded between them:
6 2. The existence of a security and information protection policy, business continuity plans, and response to cybersecurity incidents at the Third Party Provider (TPP) and ensuring their effectiveness. 3. The Third Party Provider (TPP) shall appoint an external, independent, and specialized party to conduct vulnerabilities assessment at least once every 6 months, and penetration testing at least once a year or after any radical change to it. 4. Ensuring the ability to audit and supervise the Third Party Provider (TPP). 5. Ensuring the ability to determine the minimum and maximum fees charged by the Third Party Provider (TPP) in accordance with the orders issued by the Central Bank. 6. The Central Bank shall have the right to inspect the Third Party Provider (TPP) within regarding the open finance services they provide by the authorized employees of the Central Bank or any external party appointed by the Central Bank at the expense of the company. The Company and the Third Party Provider (TPP) shall cooperate with them to enable them to fully conduct their business. B. The company shall notify the Central Bank within (15) days as a maximum from the date of contracting with a third party provider (TPP) and after terminating the contract with it. Article (8): Application Programming Interface (API) requirements The company shall allow the Third Party Provider (TPP) to access data and customer accounts, using the Application Programming Interface (API), to enable them to provide open finance services to customers, so that the company guarantees the availability of the following as a minimum: A. Provide, develop, maintain and configure at least one API for Third Party Providers (TPPs) whether it is intended solely for the Third Party Providers (TPPs) or for the interface used for the company's customers. B. Ensure the identity of the Third Party Provider (TPP) attempting to access data and accounts available by the company. C. The ability to block data and accounts from those who are not authorized to access them, and to provide the necessary protection controls against any attempts to cyberattacks or to manipulating them. D. Maintain confidentiality and security of the company and customer data. E. Use appropriate and robust encryption algorithms when exchanging data and information via the API with the Third Party Provider (TPP). F. The API shall be appropriate to the nature of the tasks to be performed by the Third Party Provider (TPP). G. Recording the access of the Third Party Provider (TPP) to customer’s accounts in the access logs of the company and the access logs of the Third Party Provider (TPP) as well as the operations that take place on them, and the possibility of referring to them when needed and specifying the periods of their retention in accordance with the legislations in force in this regard. H. Ensuring the security of communication sessions between the participants and the customer.
7 I. Ensuring the retention of the logs of communication sessions between the participants and the customer in accordance with the relevant legislations. J. Ensuring that the duration of the communication sessions is as short as possible and that the sessions are terminated upon completion of the required work. K. Ensuring that the company is able to prevent/ stop the Third Party Provider (TPP) from unauthorized access to, storage or processing of data for purposes other than providing the agreed services. L. Existence of controls to manage customers' access to the services provided by the Third Party Provider (TPP). M. The Company shall define key performance indicators and operational objectives for the service to measure the availability and performance of the Application Programming Interface (API) provided to the Third Party Provider (TPP), which shall be transparent and be at least of the same level of the indicators, availability, performance and objectives of the company's customized interface available to the company's customers. N. Ensure that the services provided by the Third Party Provider (TPP) do not affect the services and reputation of the company. O. Ensure that the failure or inefficiency of the interface dedicated to Third Party Provider (TPPs) does not affect the provision of services by the company. P. Ensuring that all technical specifications for any of the interfaces are documented to define a set of procedures, protocols and tools necessary for Third Party Providers (TPPs) to allow their programs and applications to interact with the company's systems. Q. Informing and coordinating with the Third Party Provider (TPP) about any change in the technical specifications of the Application Programming Interface (API), so as to ensure that the services provided by it are not interrupted. R. Provide a testing platform to enable the Third Party Providers (TPPs) to test their software and applications used to provide open finance services, so that no confidential information is shared through this platform. S. Ensuring that customers’ data cannot be read by any unauthorized employees of the participants. T. When designing the Application Programming Interface (API), the company shall include strategies and plans for emergency response in the event of a failure in the operation of the interface or a breakdown in its systems, taking into consideration the following:
8 with it, which are available to the customer using the open finance services when requested directly. 2. Providing the Payment Initiation Service Providers (PISP) with the same data and/ or information about the initiation and execution of the payment transaction that is provided to the customer using the open finance services when the transaction is initiated directly from the company. 3. Providing the Payment Initiation Service Providers (PISP) with whether the amount necessary to carry out the payment transaction is available in the payer's account or not. 4. In case that an error or an unexpected event occurs during the exchange of data, the company shall send a notification to the Third Party Provider (TPP) to explain the cause of the unexpected event or error. 5. Designing the API so that the Third Party Provider (TPP) has access only to the data that they have permission to read or process, and that these access rights are appropriately documented, verified, and reviewed periodically (at least twice a year). Article (9): Third Party Provider (TPP) Standards and Requirements The company shall take adequate due diligence procedures to identify the identity of the Third Party Provider (TPP) in accordance with the risks that may result from contracting with them, and verify this identity in the appropriate ways and in accordance with the open finance services policy and the regulations, instructions and legislations in force. In addition to the continuous follow-up according to the contractual relationship concluded with them. The company shall take into account the minimum requirements below when dealing with: A. Account Information Service Provider (AISP)
9 6. Ensure the existence of internal and security controls applied by the Third Party Provider (TPP) and their compatibility with the nature and sensitivity of the accessible data. 7. Submit a detailed business plan for the company for the services it will perform in accordance with the contract concluded between them. 8. Ensure that the external auditor of the Third Party Provider (TPP) informs the company of weaknesses in the internal control systems or the decline in the financial performance of the Third Party Provider (TPP). 9. Compliance with the relevant legislations in force in the Kingdom. 10. Have policies and procedures in place to detect and prevent fraud. 11. The ability to save data in safe ways that limit cyber-attack attempts. 12. Protect communication sessions from access to and manipulation of transmitted data by unauthorized parties. 13. Not to request any additional data and/ or information that is not required for the service provided to customers by the AISP. 14. Protecting the data and/ or information that they have been granted the right to access by the company and ensuring that it is not accessed or viewed by unauthorized third parties. 15. Not to use, store or process the data for purposes other than providing the services that they are authorized to provide. 16. Not to store any sensitive data pertaining to customers according to the company's approved classification of data and information related to the customer, except within the limits of open finance services that require such and which are agreed upon with the company. 17. Having appropriate business continuity and disaster recovery plans in line with the company's business continuity and disaster recovery plan, and Testing and updating them periodically. 18. Having an information security and cybersecurity policy in line with the company's policies. 19. Commitment to the policies and procedures for identification and authentication of the customer's identity, provided that they are not less than the level of procedures followed by the company. 20. Ensuring the separation between the data of open finance services and their customers and the data of the AISP and/ or their other customers, and providing the company with the evidence of this. 21. Inform the company immediately upon the occurrence of any breach or any negative events that may affect the company. 22. The Third Party Provider (TPP) shall examine the security vulnerabilities on their systems regarding the relationship with the company and provide the company with the results. 23. If the Third Party Provider (TPP) outsource any of their operations technically - within the scope of open finance services – to external parties, then the TPP shall ensure that they: a. Inform the company of the details and scope of this contractual relationship. b. Provide assurances that such external party will comply with the terms of the contractual relationship between the company and the Third Party Provider (TPP).
10 c. Have a business continuity plan that is checked periodically. d. Apply the security and cyber controls necessary to protect data and not to store it in any way. e. Ensure their right to monitor and audit the external (third) party. B. Payment Initiation Service Provider (PISP)
11 C. Security Standards The standards that define the minimum security requirements and specifications that the participants must meet, including reference to good practices in this field, relevant instructions and applicable laws, and the application of the necessary security and cyber controls, in proportion to the risks, to protect their systems as well as customer data. In addition, as a minimum, the participant must apply the latest and most robust authentication and adequate authorization protocols. Article (11): Consumer Protection, Data Privacy and Data Protection A. The company shall take the necessary procedures to aware its customers, as a minimum, of the following:
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13 Article (12): Examination and Testing The company shall prepare a list of use cases for open finance services, specifying the technical and security standards required from the Third Party Providers (TPPs), and shall ensure that the Third Party Providers (TPPs) implement security, technical, and functional testing related to the provided open finance services. Article (13): General Provisions A. The Central Bank may at any time request the immediate termination of the contract between the company and the Third Party Provider (TPP) completely or partially, or as it deems appropriate. B. The Central Bank may issue orders to determine the minimum and maximum commissions charged by companies for open finance services. C. All companies are mandated to provide open finance services by contracting with Third Party Providers (TPP) if they meet all the requirements mentioned in these instructions. D. Without prejudice to the responsibility of the Third Party Providers, the company is fully responsible towards the Central Bank for all the actions of the Third Party Providers (TPPs) within the limits of the open finance services provided by them, including their compliance with the provisions of these instructions and any instructions or circulars issued later in this regard. Governor Dr. Adel Al-Sharkas
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