2026-03-06 19:38
publication
2026-03-06 19:38
Clarifying the terms of free loan sanctions and the rules for examining a consumer's creditworthiness are the main changes in the draft Consumer Credit Act after consultation. Other proposed regulations, e.g. those limiting the message in consumer credit advertising, remained similar.
The need to develop a new act on consumer credit results from the obligation to implement the EU directive in this regard into the Polish legal order. The regulatory impact assessment (IAR) of the proposed regulations explains that the introduction of a new legal act is justified by the scope and number of changes. The first version of the project was published on the website of the Government Legislation Center in July last year. The new version, published on Friday, includes changes developed during inter-ministerial consultations.
The regulations prepared by the Office of Competition and Consumer Protection are intended to establish, among others: principles and procedure for concluding consumer credit agreements; obligations of the lender and credit intermediary in terms of information provided before concluding the contract, obligations of the consumer, creditor and credit intermediary in connection with the concluded contract, consumer rights resulting from the conclusion of the contract and the consequences of failure by the creditor and credit intermediary to fulfill their obligations.
Designed the regulations are to cover the entire consumer credit market, as the upper limit on the maximum loan amount, exceeding which will exclude the possibility of applying this regulation, has been abolished. At the same time, the scope of contracts that it is to regulate has changed in the new version of the draft act. For example, a consumer loan agreement, within the meaning of the proposed regulations, will not be a BNPL (buy now pay later) service.
The free loan sanction will be settled
The changes also included provisions regarding the so-called free loan sanctions (SKD). This is a form of penalty imposed as a result of failures on the part of the lender. It means that the customer does not have to repay the entire loan amount, but only the borrowed capital. He is also refunded commissions and other fees already paid.
The issue of SKD aroused the most controversy among stakeholders of the proposed regulations. The Polish Bank Association argued that SKD should be simple to apply, and the previous proposal of new regulations complicated the rules for imposing it. The Polish Bank Association also argued that currently this sanction is being instrumentally used by law firms. In turn, Karolina Pilawska, representing consumers in disputes with banks, assessed that: the lack of a strong SKD may mean that the borrower will not be able to benefit from the full sanction because the court will decide to moderate it. In her opinion, this would cause a large discrepancy in court jurisprudence.
The project significantly expands the current use of SKD. For example, when a loan was obtained without the consumer's explicit consent – in accordance with the proposed act – SKD would apply by operation of law and apply to the so-called forgiven loan. In such a case, the customer does not reimburse any loan origination costs incurred by the lender. Additionally, the currently applicable “classic” SKD would apply when the bank granted a loan without examining the consumer's creditworthiness.
A “semi-free” loan sanction was also introduced; then the consumer returns the loan with interest equal to half of the contractual interest. This sanction is to apply, among others, to: in the event of a breach of the obligation to include specific information in a consumer credit agreement.
The new project retains this differentiation of SKD, but introduces more detailed and extended conditions when the consumer is entitled to them. For example, in the context of assessing creditworthiness, the project promoter specified that this meant failure to obtain information on the consumer's income and expenses, failure to check databases and failure to document the assessment. After making arrangements for the project a definition of creditworthiness assessment was also introduced; it is intended to be an assessment of the consumer's ability to repay the total amount of the loan in accordance with the terms of the contract.
The draft provides that the examination is to be carried out on the basis of information on the consumer's income and expenses and other information regarding his or her financial and economic situation, to the extent necessary and proportionate to the nature, duration and value of the loan and the associated risks for the consumer. This information should be properly verified. If the assessment was performed automatically, the consumer should have the option of “free human intervention”. Its aim is to provide a clear and understandable explanation of the assessment, e.g. the logic and risks considered during the assessment.
The lender should warn you that taking out a loan involves costs
Another change concerns the information provided in consumer credit advertisements. The lender should warn you that taking out a loan involves costs. Advertisements suggesting that a loan improves a customer's financial situation or that a customer's outstanding liabilities have no impact on the assessment of his or her loan application will be banned. It will also not be possible to claim that the loan is a form of saving money.
Pre-contractual information is to be simplified to make it more consumer-friendly; the most relevant information about the loan will be on the first pages of the information form. The lender will have to inform about the consumer's right to withdraw from the contract (within 1 to 7 days after its conclusion) when the customer received pre-contractual information less than a day before concluding the contract.
The lender – under the draft – would be obliged to provide free explanations regarding proposed contracts before their conclusion and separately from pre-contractual information, which would enable the consumer to assess whether the loan is suited to his needs and financial situation. At the same time, the so-called presumption is to be prohibited. tacit consent to the conclusion of a consumer credit or additional service agreement. (PAP)
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