RSI Security

Who Enforces PCI Compliance?

Vulnerability Management Lifecycle

Consumers’ financial data is a valuable target for cybercrime. As such, compliance with the Payment Card Industry (PCI) regulatory frameworks, like the PCI Data Security Standard (PCI DSS) and Payment Application Data Security Standard (PA DSS), is required for most companies that process credit card payments. But what happens for companies who don’t comply? And who enforces PCI compliance penalties? 

This guide answers those questions and more.

 

Who Enforces PCI Compliance?

Despite the importance of compliance, a staggering number of businesses fail to comply each year. Per Verizon’s 2020 Payment Security Report, under 50 percent of companies have fully complied in eight of the last ten years, with a nadir of just 11.1 percent in 2012. Most of these companies have met with severe consequences.

This guide will break down everything you need to know into three main categories:

Let’s start with a close look at who’s who in the Security Standards Council (SSC).

 

Understanding the Key PCI Stakeholders

In 2006, five of the biggest credit card companies came together to form the PCI SSC: Visa, MasterCard, American Express (AmEx), JCB International, and Discover. In addition to the Founding Members at the top, essential governance of PCI SSC includes the following stakeholders:

Collectively, these bodies develop and maintain the PCI frameworks, including but not limited to the PCI and PA DSS. 

But the enforcement of the frameworks is not their responsibility.

 

Who is Directly Responsible for Enforcement?

Counterintuitively, the SSC itself does not enforce its own compliance regulations. Instead, the responsibility falls to the five vendors from above: Visa, Mastercard, AmEx, JCB, and Discover.

Enforcement is administered by individual stakeholders, always acting in their own interests. For this reason, enforcement can sometimes seem fraudulent, and there are many legal disputes leveraged against SSC stakeholders. For example, small shoe retailer Genesco sued Visa and won (9 million dollars) for Visa’s overreach in enforcement in response to a hack from 2010.

Aside from the fines that these institutions can enforce, which we’ll detail below, the most significant impact they have stemmed from their position as payment card vendors and processors.

One of the worst consequences they can enforce is freezing your merchant account or adding you to the Terminated Merchant List. The list is typically reserved for perpetrators of fraud and other crimes, but non-compliance can land you on it, too. This can lead to irreversible damage to your reputation and banks refusing to do business with you for years (usually five at minimum).

 

Who Needs to Maintain PCI Compliance?

All companies that store, process, or otherwise come in contact with cardholder data need to comply with differing extents of verification. As detailed above, one of the leading compliance stakeholders is Visa. Visa also determines metrics for who needs to comply with PCI standards and to what extent across four levels. Per Visa’s PCI compliance support guide, these include:

Counterintuitively, these levels’ respective thresholds scale down as the level itself scales upward. These correspond to validation requirements scaling up to their most intense at level 1, which we’ll cover below. But first, let’s take a close look at the requirements for compliance. 


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Securing Full PCI / PA DSS Compliance

To avoid PCI-enforced penalties and other hidden costs of noncompliance, you’ll need to verify the continuous implementation of practices up to your level’s standard. In practice, there are 26 total requirements to follow for most companies: 12 in PCI DSS and 14 in PA DSS.

The PA DSS, formerly known as Payment Application Best Practices, extends the protections required by PCI DSS to other payment models that involve new digital platforms rather than the conventional physical payment card infrastructure. These requirements overlap with PCI DSS, and there are workarounds involving apps approved by PCI SSC for immediate adoption.

The following sections will detail both sets of requirements, linking to PCI SSC resources for further information about the implementation of both, beginning with the more prominent PCI DSS.

 

 

PCI DSS: 12 Main PCI Compliance Requirements

There are 12 core requirements that make up the PCI DSS, distributed across six groups. Each requirement also breaks down further into several sub-requirements, each subject to one or more testing procedures. With guidance for each sub-requirement, a tabulated matrix is detailed on pages 19-155 of the PCI DSS v.3.2.1

Here is a brief synopsis of the requirements:

Importantly, implementing the 12 requirements and all applicable sub-requirements for your level may not be enough for full PCI compliance. You may need to implement PA DSS, as well.

 

PA DSS: 14 Other PCI Compliance Requirements

To protect cardholder data as used in payment applications, the PA DSS adds another 14 core requirements to follow. Like their analogs in PCI DSS, these also break down into multiple sub-requirements and testing procedures for each. These and guidance are tabulated in a matrix spanning pages 14 through 74 of PA DSS v.3.2

The following is a synopsis of each:

These 14 requirements overlap with the PCI DSS considerably. Nevertheless, it’s imperative to implement all 26 requirements. The PCI SSC maintains a list of verified PA DSS compliant platforms, but it changes regularly, so it’s essential to hold all applications you use accountable.

 

Avoiding PCI Non-Compliance Costs

Ultimately, steering clear of enforcement and other costs incurred by non-compliance requires implementation and verification of all applicable PCI and PA DSS requirements. Depending on the level your company is at (per Visa’s PCI compliance guide, detailed above), this includes annual submission of internal reporting, external auditing, or some combination of both:

Independently of verification, compliance is the same for all levels. And, regardless of level, all companies need to contract with third parties for compliance. Namely, quarterly vulnerability scanning by approved scanning vendors (ASV) is required by PCI DSS requirement 11.2.2.

 

Short- and Long-Term Savings of Compliance

The most immediate impact of compliance on your company is savings in terms of both penalties and hidden costs within non-compliance. In the short term, applicable fines include:

While these penalties can add up over time, they pale compared to the damage an actual cyberattack can do. According to a comparative study from CSO Online, a data breach costs a company 3.86 million dollars, on average, which is up to ten percent over the last five years. The figure is higher for companies in the US, who can expect to pay 8.19 million dollars for a breach.

 

How Third-Party Advisory Services Can Help

To help your company avoid the penalties Visa, Mastercard, AmEx, JCB, and Discover can enforce, RSI Security offers a suite of PCI DSS services to keep you safe and compliant. The following is a preview of our offerings, which our PCI DSS Data Sheet breaks down in detail:

With a strong understanding of who enforces PCI compliance and the real consequences non-compliance can have for your business, it’s imperative to start your PCI journey as soon as possible. To see how powerful your cyber defenses can be, contact RSI Security today!


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