On 15 April 2025, the Ministry of Finance issued a consultation on the Dutch Implementation Act which introduces certain significant changes to Dutch legislation by implementing the Revised Consumer Credit Directive (Directive (EU) 2023/2225) (CCD II).  In this note we briefly cover four of these changes and the next steps.

1. Scope of deferred payment services

The definition of ‘credit’ in Article 1:1 of the Act on the Financial Supervision (AFS) is expanded to explicitly include deferred payment. As a result, the following services will be in scope of the AFS:

1. The current exception included in the AFS for credit agreements requiring repayment within three months with only insignificant costs is abolished. Consequently, all ‘buy now, pay later’ services (BNPL) will generally fall within the scope of the AFS.
2. Similarly, due to the abolition of the above exception, providers of deferred debit cards (e.g. credit cards) will also fall under the AFS. CCD II allows Member States to exempt deferred debit cards, but the Dutch government has chosen not to implement this option.
3. The scope of the AFS is extended to include:
   • lease or rental agreements with a (written) option to purchase the item to which the agreement relates; and
   • lease or rental agreements where the parties intend to transfer ownership at the end.

These types lease or rental of agreements are not explicitly within the scope of CCD II but are included under the AFS via the proposed Implementation Act.

4. Any form of deferred payment on a platform, whether for platform-owned products or third-party items, will generally fall within the scope of the AFS. Examples include a:
   • platform selling products from its own stock with deferred payment; or
   • publisher selling products through a platform offering deferred payment.

This provision on platforms goes beyond the CCD II requirements, as Article 2(2)(h) CCD II exempts the first situation from the definition of deferred payment.

As a result, providers of (a) BNPL-services, (b) deferred debit cards, (c) lease and rental products with a purchase option or intention, (d) and platforms offering deferred payment, will in principle require a licence from the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM).

In addition, Article 1:77q AFS grants the AFM product intervention powers to ban or restrict specific credit practices if these pose serious consumer protection concerns.

The proposed Implementation Act also contains a few new exceptions:

1. The first exception will be implemented in Article 7:58 (3)(d) of the Dutch Civil Code (DCC) and applies in situations where the supplier of movable items (roerende zaken) or the service provider is a micro, small, and medium-sized enterprise within the meaning of the European Commission Recommendation concerning the definition of micro, small, and medium-sized enterprises (OJ EU 2003, C 1422) (SME) or if the agreement is not a service of the information society within the meaning of Article 1(1)(b) of Directive (EU) 2015/1535 concluded at a distance (Information Society Service). This includes either physical stores or service providers such as dentists, or small or medium-sized online suppliers or service providers. The credit agreement does not fall within the scope of the AFS if the following three conditions are met:
   • the supplier or service provider of the relevant good or service grants the deferred payment itself (without the intervention of a third party, unless it is a platform);
   • no interest or costs are charged except for limited costs due to payment arrears; and
   • payment must be made in full within 50 days (or 14 days for large enterprises).
2. The second exception will be implemented in Article 7:58(3)(e) of the DCC and imposes stricter additional requirements if the supplier of movable items or the service provider is not an SME and if the agreement is an Information Society Service. This for instance applies to large online suppliers or service providers, such as large online web shops. The credit agreement does not fall within the scope of the AFS if the following three conditions are met:
   • there is no third-party offering or purchasing the credit, nor is there a platform involved
   • the payment is made in full within 14 days after delivery; and
   • the purchase price is interest- and fee-free, except limited late payment costs per national law.

2. Member State option for SME intermediaries and providers of credit

The CCD II allows Member States to exempt credit intermediaries and credit providers who:

1. are suppliers of movable items or service providers; and
2. are classified as SMEs.

The Dutch government has opted for this exception, excluding such SMEs who act as credit intermediaries on a secondary basis from the licensing or registration requirement. However, if a company is not an SME, a registration (not a licence) will be required.

The Dutch government does not apply this exception when SMEs themselves provide credit as a secondary activity. For example, a kitchen store offering >50-day deferred payment without a third party falls within scope of the AFS.

3. Customer care

Credit providers, intermediaries, and advisers will be subject to Part 4 of the AFS. Key additions include:

• Credit providers are required to join a credit registration system. This means that they must both register credits with the Dutch BKR (Bureau Krediet Registratie) and consult BKR before granting credit. Article 4:32(2) is amended to require informing the consumer, free of charge and without delay, of:
  • the result of the consultation;
  • the consulted registry; and
  • categories of data used if a credit application is denied.
• Article 4:34 AFS adds an exemption to creditworthiness checks for amendments aimed at helping consumers in financial difficulty, provided no significant increase in credit occurs.
• Article 4:34b AFS introduces the prohibition on entering into credit agreements, with a minor consumer unless there is consent from the legal representative. However, deferred payment credit is always prohibited for minors. Providers must have adequate processes to determine the consumer’s age.  
• Article 4:35a AFS requires the credit provider to take forbearance measures where appropriate, such as reducing the interest rate or extending the duration of the agreement.
• Article 4:35b AFS will stipulate that providers must detect payment issues early and refer consumers to debt counselling services.
• Article 4:35c AFS introduces a specific prohibition for providers to accept or request a fee or compensation from the consumer before the conclusion of a credit agreement.

4. Member State option for the information obligation

The CCD II allows Member States to exempt certain agreements from information requirements. The Dutch government applies this to:

1. credit agreements where credit is provided without interest or other costs, or
2. credit agreements where credit must be repaid within three months with only insignificant costs.

Under these, providers (e.g., BNPL or deferred debit) are exempt from pre-contractual disclosures, such as:

• profiling-based pricing disclosures,
• information on complaints procedures.

However, credit agreements under €200 are not exempt, as the Dutch government chose not to apply that option.

5. Next steps

Interested parties may respond to the Implementation Act consultation by 13 May 2025. The CCD II must be transposed by 20 November 2025, and the Implementation Act applies as of 20 November 2026.

The proposed Implementation Act applies to credit agreements concluded after that date. Existing agreements remain under current rules. For open-ended agreements existing on 20 November 2026, a transitional regime applies per Article 47 of the CCD II.

We note that the Dutch government mentioned in the consultation that they are considering regulating private lease agreements without an option or obligation to purchase. Although this is not part of the Implementation Act, the Dutch government also requests interested parties to respond on this consideration in the consultation.