# Directive (EU) 2023/2225 (Consumer Credit Directive, CCD2) — credit agreements for consumers URL: https://consilena.com/coverage/laws/ksrc_4830y9375wwhr1k2 - Jurisdiction: European Union - Type: Directive - Identifier: 32023L2225 - Current as of: 30 October 2023 - Provisions: 50 - Official text: https://eur-lex.europa.eu/eli/dir/2023/2225/oj > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions - **Out-of-court dispute resolution**: 1. Member States shall ensure that consumers have access to adequate, prompt and effective out-of-court dispute resolution… - **Exercise of the delegation**: 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The… - **Assignment of rights**: 1. Member States shall ensure that the consumer, in the event of assignment to a third party of the creditor’s rights under a credit… - **Calculation of the annual percentage rate of charge**: 1. The annual percentage rate of charge shall be calculated in accordance with the mathematical formula set… - **Measures to limit borrowing rates, annual percentage rates of charge or total costs of credit to the consumer**: 1. Member States shall introduce measures to… - **Inferred agreement for the conclusion of any credit agreement or the purchase of ancillary services**: 1. Member States shall ensure that creditors and credit… - **Overdraft facilities**: 1. Where a credit has been granted in the form of an overdraft facility, Member States shall require that the creditor, throughout the… - **Overrunning**: 1. In the case of an agreement to open a current account, where there is a possibility that the consumer is allowed an overrun, Member States shall… - **Penalties**: 1. Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and… - **Knowledge and competence requirements for staff**: 1. Member States shall ensure that creditors and credit intermediaries require their staff to possess and keep… - **Specific obligations for credit intermediaries**: Member States shall require that credit intermediaries: (a) indicate, in advertising and documentation intended… - **General information**: 1. Member States shall ensure that clear and comprehensible general information about credit agreements is made available to consumers by… - **Standard information to be included in advertising of credit agreements**: 1. Member States shall require that advertising concerning credit agreements include a… - **Pre-contractual information with regard to credit agreements referred to in Article 2(6) or (7)**: 1. For credit agreements referred to in Article 2 (6) or (7)… - **Pre-contractual information**: 1. Member States shall require that the creditor and, where applicable, the credit intermediary provide the consumer with the clear… - **Right of withdrawal**: 1. Member States shall ensure that the consumer may withdraw from the credit agreement without giving any reason within a period of 14… - **Form of the credit agreement**: 1. Member States shall require that credit agreements and any modifications of such agreements are drawn up on paper or another… - **Definitions**: For the purposes of this Directive, the following definitions apply: (1) ‘consumer’ means a natural person who acts for purposes which are outside… - **Review and monitoring**: 1. The Commission shall undertake, by 20 November 2029 and every four years thereafter, an evaluation of this Directive. The evaluation… - **Imperative nature of this Directive**: 1. Member States shall ensure that consumers may not waive the rights conferred on them by the national measures… - **Adequate explanations**: 1. Member States shall ensure that creditors and, where applicable, credit intermediaries are required to provide adequate explanations… - **Scope**: 1. This Directive applies to credit agreements. 2. This Directive does not apply to the following: (a) credit agreements which are secured either by a… - **Databases**: 1. Each Member State shall, in the case of cross-border credit, ensure access for creditors from other Member States to databases used in that Member… - **Non-discrimination**: Member States shall ensure that the conditions to be fulfilled for being granted a credit do not discriminate against consumers legally… - **Obligation to provide information free of charge to consumers**: Member States shall require that, when information is provided to consumers in accordance with… - **Financial education**: 1. Member States shall promote measures that support the education of consumers in relation to responsible borrowing and debt management… - **Level of harmonisation**: 1. Insofar as this Directive contains harmonised provisions, Member States may not maintain or introduce in their national law… - **Personalised offers on the basis of automated processing**: Without prejudice to Regulation (EU) 2016/679, Member States shall require that creditors and credit… - **Transposition**: 1. Member States shall adopt and publish, by 20 November 2025, the laws, regulations and administrative provisions necessary to comply with this… - **Competent authorities**: 1. Member States shall designate the national competent authorities empowered to ensure the application and enforcement of this Directive… - **Debt advisory services**: 1. Member States shall ensure that independent debt advisory services are made available to consumers who experience or might experience… - **Arrears and forbearance measures**: 1. Member States shall require creditors to exercise, where appropriate, reasonable forbearance before enforcement proceedings… - **Subject matter**: This Directive lays down a common framework for harmonisation of certain aspects of the laws, regulations and administrative provisions of the… - **Information regarding the modification of the credit agreement**: Without prejudice to other obligations provided for in this Directive, Member States shall… - **Changes in the borrowing rate**: 1. Where creditors are allowed to change borrowing rates of existing credit agreements, Member States shall require that the… - **Ban on unsolicited granting of credit**: Member States shall prohibit any granting of credit to consumers without their prior request and explicit agreement. - **Early repayment**: 1. Member States shall ensure that the consumer is at any time entitled to early repayment. In such cases, the consumer shall be entitled to a… - **Linked credit agreements**: 1. Member States shall ensure that a consumer who has exercised the right of withdrawal, based on Union law, concerning a contract for… - **Entry into force**: This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. - **Tying and bundling practices**: 1. Member States shall allow bundling practices but shall prohibit tying practices. 2. By way of derogation from paragraph 1 and… - **Open-end credit agreements**: 1. Member States shall ensure that the consumer may effect standard termination of an open-end credit agreement free of charge at… - **Conduct of business obligations when providing credit to consumers**: 1. Member States shall require that the creditor and the credit intermediary act honestly… - **Addressees**: This Directive is addressed to the Member States. - **Advertising and marketing of credit agreements**: Without prejudice to Directive 2005/29/EC, Member States shall require that any advertising and marketing… - **Admission, registration and supervision of non-credit institutions and non-payment institutions**: 1. Member States shall ensure that creditors and credit… - **Repeal and transitional provisions**: Directive 2008/48/EC is repealed with effect from 20 November 2026. Notwithstanding the first paragraph, Directive… - **Conversion of amounts expressed in euro into national currency**: 1. For the purposes of this Directive, those Member States which convert the amounts expressed… - **Obligation to assess the creditworthiness of the consumer**: 1. Member States shall require that, before concluding a credit agreement, the creditor carry out a… - **Information to be included in the credit agreement**: 1. Member States shall require that the credit agreement specify in a clear and concise manner all of the… - **Advisory services**: 1. Member States shall require that the creditor and, where applicable, the credit intermediary explicitly inform the consumer, in the… - **Calculation of the annual percentage rate of charge**: 4. In the case of credit agreements containing clauses that allow variations in the borrowing rate or… - **Early repayment**: 4. By way of derogation from paragraph 2, Member States may provide that: (a) the creditor is only entitled to the compensation referred to in… - **General information**: 2. The general information referred to in paragraph 1 shall include at least the following: (a) the identity, geographical address… - **Advisory services**: 3. Where advisory services are provided to consumers, Member States shall require that creditors and, where applicable, credit… - **Information to be included in the credit agreement**: form of an amortisation table; (j) where charges and interest are to be paid without capital amortisation, a… - **Databases**: (1) of Regulation (EU) 2016/679 and personal data processed from social networks that may be contained in databases referred to in paragraph 1 of… - **Standard information to be included in advertising of credit agreements**: 3. The standard information shall be easily legible or clearly audible, as appropriate… - **Competent authorities**: (29); or (b) authorities other than the competent authorities referred to in point (a), provided that national laws, regulations or… - **Overrunning**: 4. Member States shall require the creditor to notify the consumer in an agreed manner when the overrunning is not allowed anymore or the limit of… - **Pre-contractual information**: 2. The pre-contractual information referred to in paragraph 1 shall be provided on paper or on another durable medium chosen by the… - **Arrears and forbearance measures**: 3. Where Member States allow creditors to define and impose charges on the consumer arising from a default, those Member… - **Scope**: (1), of Regulation (EU) No 575/2013 for the purposes of allowing an investor to carry out a transaction relating to one or more of the financial… - **Right of withdrawal**: (1), first subparagraph, point (p). 3. In the case of a linked credit agreement for the purchase of a good with a return policy that… - **Exercise of the delegation**: (5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a… - **Pre-contractual information with regard to credit agreements referred to in Article 2(6) or (7)**: (3), specify all of the following elements, in a prominent way… - **Definitions**: (7) ‘annual percentage rate of charge’ or ‘APR’ means the total cost of the credit to the consumer, expressed as an annual percentage of the total… - **Obligation to assess the creditworthiness of the consumer**: 4. Member States shall require the creditor to establish procedures for the assessment referred to in… - **Conduct of business obligations when providing credit to consumers**: (3), point (a). 2. Member States shall ensure that the manner in which creditors remunerate… - **Tying and bundling practices**: 5. In order for consumers to have additional time to compare insurance offers related to credit agreements before purchasing an… - **Overdraft facilities**: 2. Where a credit has been granted in the form of an overdraft facility, Member States shall require that the creditor informs the… - **Definitions**: (12) ‘credit intermediary’ means a natural or legal person that is not acting as a creditor or notary and not merely introducing, either directly… - **Obligation to assess the creditworthiness of the consumer**: 8. Where the creditworthiness assessment involves the use of automated processing of personal data… - **Advisory services**: 4. Member States may prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms when the advisory services are being marketed and… - **Pre-contractual information**: 3. The pre-contractual information referred to in paragraph 1 shall specify all of the following elements in a prominent way in the… - **Pre-contractual information with regard to credit agreements referred to in Article 2(6) or (7)**: 3. In the event that all the elements referred to in paragraph… - **Right of withdrawal**: (1), first subparagraph, point (p), on paper or another durable medium chosen by the consumer and specified in the credit agreement within… - **Standard information to be included in advertising of credit agreements**: 6. Without prejudice to Directive 2005/29/EC, in specific and justified cases where the… - **Information to be included in the credit agreement**: (1), second subparagraph; (ii) the information referred to in Article 22; (iii) the information on the… - **Overdraft facilities**: 4. Where the overdraft facility is reduced or cancelled, Member States shall require that the creditor offer the consumer, before the… - **Scope**: (26) consisting of the conclusion of distance contracts with consumers for the sale of goods or supply of services within the meaning of Article 2, point… - **Right of withdrawal**: 8. Member States may provide that paragraphs 1 to 6 of this Article shall not apply to credit agreements which are required under national… - **Scope**: (2) and Articles 28 and 39 shall apply to all open-end credit agreements existing on 20 November 2026. 3. Notwithstanding paragraph 2, point (c), this… - **Information to be included in the credit agreement**: 2. Where paragraph 1, first subparagraph, point (i), applies, the creditor shall make available to the… - **Obligation to assess the creditworthiness of the consumer**: 11. Member States may require creditors to assess the creditworthiness of consumers on the basis of a… - **Definitions**: (17) ‘advisory services’ means personal recommendations to a consumer in respect of one or more transactions relating to credit agreements and that… - **Pre-contractual information with regard to credit agreements referred to in Article 2(6) or (7)**: (6), of the result of a database consultation carried out for… - **Advisory services**: 6. Member States shall ensure that advisory services may only be provided by creditors and, where applicable, credit intermediaries. Member… - **Pre-contractual information**: 4. In the event that all the elements referred to in paragraph 3 cannot be displayed in a prominent way on one page, they shall be… - **Scope**: (3) and Articles 23, 25 and 28 to 50 apply to credit agreements which are concluded by an organisation whose membership is restricted to persons residing… - **Pre-contractual information**: 5. The pre-contractual information referred to in paragraph 1 shall specify all of the following elements, which shall be displayed… - **Pre-contractual information with regard to credit agreements referred to in Article 2(6) or (7)**: (3), point (b), second indent, of that Directive shall include… - **Definitions**: (22) ‘debt advisory services’ means personalised assistance of a technical, legal or psychological nature provided by independent professional… - **Pre-contractual information**: the credit agreement; (h) the obligation, if any, to enter into an ancillary service contract relating to the credit agreement… - **Scope**: the exemption where they consider that they are no longer met. 7. Member States may determine that only Articles 1, 2, 3, 7, 8, 11, 19 and 20, Article 21… - **Pre-contractual information**: (6), of the result of a database consultation carried out for the purposes of assessing his or her creditworthiness; (l) the… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/ksrc_4830y9375wwhr1k2. Index of every page: https://consilena.com/llms.txt.