A proposal for a Directive on a consumer credit has been recently issued, which repeals and replaces Directive 2008/48/EC on consumer credit agreements.
The proposal takes into account the increased digitalisation that informs consumer credit, whereby new players offer credit products and services to consumers through faster and simplified procedures. Consumer protection is the ultimate goal of the proposed Directive, which promotes responsible and transparent practices by all stakeholders, raising the level of financial education and advice on debt, as well as regulating the assessment of consumers’ ability to repay or not repay credit.
In submitting its opinion to the proposed Directive, the Council of the EU has proposed to:
- exclude from its scope direct crowdfunding, deferred debit payments and debit cards, rental or leasing contracts without obligation or option to purchase the underlying assets;
- standardise the pre-contractual information forms provided to consumers to allow them to properly compare the various offers in the market;
- define a maximum term in which the right of withdrawal can be exercised; and
- enivisage an obligation to protect consumers from excessively high interest rates.
Proposal for a Directive of the Parliament and of the Council on consumer credit of 30 June 2021 no. 2021/0171