Further to our earlier post, a payment services provider
has brought a further appeal against fines imposed upon it by the
Dutch National Bank.
In the previous appeal the original DNB fines of €1.1m and
€625,000 had been reduced to €850,190 and
€562,500.
Those fines have been upheld in this further appeal.
The defendant company, which had self-reported itself, and which
operates ATMs had sought to argue that it was the banks and
debit/credit card issuers who had the sanctions screening and due
diligence obligations, and that its own self-report could not be
used in evidence against it on the basis that it could not be
required to incriminate itself.
The court dismissed these objections. The self-reporting had
been voluntary and not required and, as a payment service provider,
the sanctions compliance obligations also applied to the
appellant.
