PSD2 and the Commission Delegated Regulation (EU) 2018/389 (RTS on Strong customer authentication and secure communication) do not define ‘persistent authentication’.

Article 97 of PSD2 requires payment service providers to apply strong customer authentication (SCA) for all electronic transactions or log-in to an electronic account. Article 4(30) of PSD2 defines SCA as “an authentication based on the use of two or more elements categorised as knowledge (something only the user knows), possession (something only the user possesses) and inherence (something the user is) that are independent”. Articles 4 to 9 of the Delegated Regulation provide further detail on these two elements as well as the application of dynamic linking, where applicable. Article 22 of this Delegated Regulation details requirements on ensuring the confidentiality and integrity of the payment service user’s personalised security credentials, including authentication codes, during all phases of authentication.

The submitter suggests that some devices can continuously monitor and identify users through mechanisms that ensure that the user is continuously wearing the device (e.g. through measuring the heartbeat). Such an authentication would need to meet the legal requirements listed above.

With regard to ‘possession’, according to paragraph 35 of the EBA Opinion on the implementation of the RTS on SCA and  secure communication “for a device to be considered possession, there needs to be a reliable means to confirm possession through the generation or receipt of a dynamic validation element on the device”.  This leads to a unique SCA attempt for every situation, where SCA needs to be applied.

Finally, in situations where exemptions apply, such as under the contactless payments exemption under Article 11 of the Delegated Regulation, the requirement for SCA would not apply.