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.