On 3 December 2025, the Dutch Ministry of Finance published the draft implementation decree on financial services contracts concluded at a distance (the Draft Decree) for consultation and amends the rules on the provision of information to consumers by financial service providers, investment firms, fund managers, crypto-asset service providers and crowdfunding service providers.
The Draft Decree aims to implement the Directive on financial services contracts concluded at a distance (Directive (EU) 2023/2673, the Directive). The draft act implementing this directive was published for consultation earlier this year. For further background, please be referred to our previous blog (link).
The Draft Decree implements the requirements from the Directive in the Decree Conduct of business supervision financial undertakings Act on the Financial Supervision (Besluit Gedragstoezicht financiële ondernemingen Wft, BGfo).
The key changes include:
- Information requirements
The requirements relating to information that a financial service provider must provide to the consumer prior to concluding a contract at a distance have been modernized and made future-proof. It is determined which information may be presented in a “layered format”, which means that the provider can include pre-contractual information at different levels, with the most important or essential information presented in the first layer and more detailed information available in deeper layers (e.g., by using expandable headings). This improves readability on, for instance, mobile phones.
- Language and communication
Consumers will have the right to communicate with a person in the same language as the pre-contractual information, so if the pre-contractual information is provided in the Dutch language, the consumer should also be able to communicate with the financial service provider in Dutch. In certain cases, the consumer must also have the possibility to communicate with a person in that language after the distance contract has been concluded. Such cases include contract renewal, financial problems, or amendments to contractual terms.
- Crypto-asset services and crowdfunding services
Currently, crypto-asset services and crowdfunding services are not in scope of the rules on financial contracts concluded at a distance. The Draft Decree applies certain requirements to crypto-asset service providers and crowdfunding service providers.
- Online interfaces: not misleading
Financial service providers, investment firms, fund managers and crypto-asset or crowdfunding service providers have to design online interfaces that are not misleading. They must avoid ‘nudging’ consumers toward unfavorable choices, prevent repeated requests for decisions already made, and ensure that terminating a contract is not more difficult than concluding one.
Market parties are invited to respond to the Draft Decree by 15 January 2026.