The Customer Experience Checklist
The Customer Experience Guidelines Checklist (“the CEG Checklist”) will serve as an essential tool that will enable Participants to certify against key criteria identified in the Customer Experience Guidelines, by answering specific questions used to demonstrate the Participant’s conformance to the Guidelines. For ASPSPs in particular, this certification tool will assist in the process of applying for the contingency mechanism exemption, by serving as an integral component in showing how Open Banking Standard Implementation Requirements are appropriately met. The CEG Checklist will also be useful in aiding Participants to identify deviations from the Open Banking Standard Implementation Requirements, as contemplated by Guideline 6 of the EBA’s Draft Guidelines on the conditions to be met to benefit from an exemption from contingency measures. Of course, the views of OBIE in relation to non-CMA Order matters are indicative only and the final decision on an exemption is a matter for individual ASPSPs and their NCA. Additionally, we would note that the CEG Checklist is subject to change in the future depending on market and regulatory developments; in particular, we reserve the right to edit the CEG Checklist following the completion of the EBA consultation on their guidelines for granting an exemption from the contingency mechanism. The CEG Checklist has been developed in parallel with the Customer Experience Guidelines, and for each customer journey that is detailed in the Guidelines, the relevant CEG Checklist criteria and questions have been highlighted. Items on the CEG Checklist are marked as Mandatory and Conditional and references are made to the relevant rationale of the CEG Checklist item, whether CMA Order, PSD2/RTS (including the recent EBA Opinion and the Draft Guidelines) or the Open Banking Standard Implementation Requirements. We would note that while non-CMA9 ASPSPs are not required to comply with the CMA Order, it is at the discretion of Open Banking to define the Open Banking Standard Implementation Requirements and any item marked “required” is compulsory for successful certification. We note that non-CMA9 ASPSPs may choose not to comply with some or any of the Open Banking Standard Implementation Requirements, but it is expected that any deviations would need to be explained to the relevant competent authority as per the current EBA guidelines, where that ASPSP is seeking the contingency mechanism exemption. Similarly, TPPs have no legal responsibility to conform to the CEG Checklist and assuming they meet their regulatory requirements, may adopt the Open Banking Standards and use the Directory without meeting items marked as “required”. However, they would not then meet the Standard Implementation Requirements and therefore not certify as meeting the Open Banking Standard. Participants will be invited to submit videos of their customer journeys demonstrating their conformance with the CEG Checklist and each submission will be assessed by the OBIE. For CMA9 ASPSPs, these videos will assist the Trustee in confirming to the CMA that the CMA remedies are being met. The OBIE Monitoring Function is due to be operational by 31st October 2018 under the Office of the Trustee.