Helping clients launch card-based payment solutions

Tokenisation, digital wallets and other technological and market changes mean that card-based payments are continuing to evolve. Ashurst delivers practical legal advice across the cards payment chain from issuing to schemes to acquiring to acceptance. We help clients launch and manage card-based payment solutions, including: retail and commercial; debit, credit and prepaid; and physical and virtual cards. We also help firms across the sector navigate the complexities of cross-border programmes and white-labelled issuing and acquiring services.

Ensuring compliance and commercial agility

Our team guides issuers, BIN sponsors, card schemes, acquirers, processors, gateways, payment facilitators and merchants on commercial partnerships, scheme rules and licensing, customer agreements and regulatory requirements across scores of jurisdictions.

A focal point for market and regulatory changes

Instant payment systems, authorised push payment fraud liability and open banking continue to keep these kinds of payment services a focal point for many of the market and regulatory changes affecting the payments sector and its customers.

Advice on all aspects of services

We support banks and money transfer providers with B2B, B2C and peer-to-peer account based payment services and money remittance. We advise on customer terms, commercial agreements and regulatory requirements in respect of cross-border settlement and liquidity models, agent networks, correspondent banking, and cash collection and payout.

We also advise banks and other payments service providers on account-based corporate treasury services and banking and payment services provided to other financial institutions.

Balancing opportunities and risk

Interconnectivity, speed and operational resilience are the name of the game now for payments infrastructure. These aims often involve navigating complex legal considerations and balancing opportunities and risks.

Advising on the infrastructure landscape

We advise payment system operators, technical service providers and bank and non-bank participants on the evolving payments infrastructure landscape. Our team has great breadth and depth of experience in this area, including on:

• developing payment system rules, procedures and participation criteria
• negotiating licensing and incentive agreements
• helping firms navigate payment systems and interchange fee regulations across numerous jurisdictions
• supporting with access to real-time payment systems
• shaping the design and operation of digital platforms, including those utilising tokenisation and distributed ledger technology.

We guide clients through the complexities of fee structures, including interchange and scheme fees, helping to optimise commercial arrangements and ensure transparency. Our advice covers all aspects of scheme participation, from navigating scheme rules and data messaging standards to meeting participation criteria and establishing robust governance frameworks.

We are experienced in structuring and negotiating inter-scheme arrangements, enabling seamless interoperability and supporting cross-border payment initiatives. Our team also advises on the integration of digital identity solutions, helping clients enhance security, streamline authentication, and meet regulatory requirements.

Our team has experience across all types of payments solutions including:

Alternative payment solutions
Providers of innovative alternative payment solutions are experiencing significant growth and diversification, driven by technological advancements and changing consumer and merchant preferences. With a focus on practical outcomes and commercial agility, we help you navigate the complexities and seize the opportunities.

Digital wallets
We provide strategic guidance on the development and deployment of digital wallets, from mobile-first consumer offerings to integrated merchant solutions. Our advice spans regulatory compliance, data privacy, and commercial partnerships, ensuring clients can deliver seamless, secure, and user-friendly payment experiences.

Barcodes and QR codes
In the fast-growing area of barcode and QR code payment methods, we support clients in developing and implementing solutions that drive adoption and interoperability. Our advice covers scheme participation, merchant acceptance and security standards, ensuring clients can capitalise on the opportunities presented by these flexible, low-cost payment technologies.

Crypto and digital currencies
Ashurst is at the vanguard of advising on cryptocurrencies, stablecoins, and central bank digital currencies. We help clients navigate the complex legal and regulatory landscape, structure compliant token offerings, and develop robust frameworks for custody, exchange, and settlement. Our expertise extends to risk management, anti-money laundering controls, and the integration of digital assets into existing payment ecosystems.

Open banking and beyond
Our team is highly experienced in open banking, open finance, smart data, and API-driven business models. We guide clients through the intricacies of data sharing, consent management, and third-party access, enabling the creation of innovative financial products and services. We also advise on the commercial and technical aspects of API integration, helping clients unlock new revenue streams and enhance customer engagement.

AI-driven payments
We are helping some of the most innovative players in the market integrate AI into their payment processes. This includes the development of agentic AI payment solutions.