Agentic payment is far from being as legally impossible as it can sometimes seem. In episode #147 of Alles Legal – Fintech-Recht kompakt, Frank Müller explains which opportunities businesses can already make use of, where genuine legal boundaries remain and why a more nuanced approach to risk is needed. Listen now!
Agentic Payment: What is already possible today?
For three episodes, Dana Wondra and Frank Müller have explored the legal questions that arise when AI agents shop, enter iBeitrag anzeigennto contracts and initiate payments. In this episode, they change perspective: instead of focusing on the unresolved questions, they look at what is already possible within the existing legal framework.
The central argument: not every unresolved legal question automatically stands in the way of a new product. Instead, businesses should distinguish between genuine legal prohibitions and risks that can be managed through thoughtful product design.
From legal risks to practical guardrails
Many of the building blocks required for Agentic Commerce and Agentic Payment already exist. These include legal representation, framework agreements, limits and the involvement of technical service providers. AI agents can also be technically identified, while their mandates can be limited in terms of time or transaction value.
Businesses therefore do not necessarily have to wait for comprehensive new regulation. One possible approach is to start with clearly defined, limited use cases. With an MVP, for example, users could initially be asked to confirm individual payments. As experience grows and appropriate safeguards are introduced, the agent could gradually be given greater autonomy.
Liability, however, remains an important unresolved issue. What happens if an agent acts differently from what was intended despite having a clearly defined mandate? For Agentic Payment to gain widespread acceptance, it will be crucial to establish clear responsibilities and ensure that users are not left to bear the risk alone when something goes wrong.
When payment becomes secondary
Agentic Commerce also opens up another perspective. For example, an AI agent may know what customers have bought and use this information to infer what they might want to buy next. This means that the so-called intent itself could become a valuable component of new business models.
This could reshape established customer interfaces. If agents select products, compare prices and complete purchases, traditional loyalty programmes could lose importance or change fundamentally. Banks face the question of how to maintain their customer interface in a world increasingly shaped by agents. At the same time, new opportunities could arise for merchants if their products are structured and discoverable in ways that allow AI agents to identify and consider them directly.
Frank Müller goes one step further: in Agentic Commerce, the specific payment method could increasingly become a commodity. Whether a card, direct debit, SEPA Instant or another payment method is used could ultimately be decided by the agent based on the individual transaction – for example, according to which option is the most suitable or cost-effective.
More courage within the existing legal framework?
For Europe, Frank Müller sees no reason to wait exclusively for new specialist rules on Agentic Payment. The existing regulatory framework already provides considerable room for development. Targeted adjustments could nevertheless be useful in certain areas – for example, around strong customer authentication if they help to reduce unnecessary friction.
The key question is therefore increasingly less about whether Agentic Payment is possible at all. Instead, it is about designing products in a way that keeps risks manageable while still leaving room for innovation.
Part of this discussion will continue on 4 November at the Banking Exchange in Frankfurt (our discount code for tickets: PayTechLawUndergroundCrew). The Agentic Banking panel will explore how much autonomy banks can already give their agents today – and where the crucial boundary lies between a copilot and a genuine agent.
About this podcast
Alles Legal – Fintech Recht Kompakt delivers sharp, weekly insights into legal and compliance matters in the world of banking. (in German only)
This podcast is a collaboration between Payment & Banking and PayTechLaw.
Each Wednesday, we unpack the legal developments shaping the financial world – clearly, concisely, and without the legal jargon.
Since 2021, PayTechLaw authors and Annerton attorneys have brought depth and clarity to complex topics.
Whether it’s PSD3, DORA, or FiDA – we provide the legal context you need.
In 20 minutes. No detours.
