Showing posts with label payment accounts. Show all posts
Showing posts with label payment accounts. Show all posts

Wednesday, 10 September 2025

Financial inlcusion and access to payment accounts with basic features: the current state of play in the EU

Financial inclusion, or access to affordable and useful financial services, is essential for our modern-day living. Access to payment accounts or bank accounts is a cornerstone of financial inclusion. It enables access to other essential services, such as receiving salary or pensions, social benefits, paying rent, making purchases at more favourable rates, paying bills, and accessing other financial services, including credit. Basic bank accounts move consumers from unbanked to banked.

The importance of basic bank accounts is recognised by the EU. Directive 2014/92 on the comparability of fees related to payment accounts provides a right to access payment accounts with basic features (Article 16), laying down minimal rules for Member States on providing access, ensuring affordability and raising awareness. 

While the objective of the Directive is to facilitate access to basic bank accounts across the EU, the 2023 Report from the European Commission on the application of Directive 2014/92 and the 2024 report from Finance Watch on Breaking down barriers to basic payment accounts suggest the Directive falls short of meeting its objective. 

The Finance Watch study relied on mystery shopping to provide a real picture of what is happening in the EU, based on examples of selected Member States, Spain, Germany and Romania. It has been found that:

  • Basic bank accounts are often not affordable, e.g. in Germany, fees can reach up to £150, and in Spain, basic bank accounts are more expensive than standard accounts;
  • These accounts are frequently not accessible; e.g. banks often impose documentary requirements such as a work contract, which then leaves out the unemployed, a poof of address that prevents homeless people from accessing these accounts. Often, these accounts cannot be opened online, and banks fail to offer them proactively; instead, consumers are pushed to ask for these accounts, explaining their own vulnerability;
  • Perhaps most shockingly, the study shows little awareness of basic payment accounts. Bank staff are often unaware of these accounts or their eligibility, and there is little and hard-to-access information that consumers can access themselves.

Ten years after the adoption of the Directive, many, often the most vulnerable groups, are prevented from accessing these accounts.  According to the World Bank Findex (which has no data for Luxembourg), in 2021, 3.6% of Europe’s population were financially excluded. The highest number is recorded in Romania, where 30.9% of the population aged 15 or more did not own a bank account. They are followed by Bulgaria (16%), Hungary (11.8%), Croatia (8.2%), Portugal (7.4%), Cyprus (6.87%), the Czech Republic (5.6%), etc. 

These recent results signal the need for a more robust European legal regulatory framework that strengthens the above duties of access, affordability and awareness, and a need for better enforcement of the existing national rules.

Monday, 29 April 2019

Recent update on consumer protection in financial services

At the end of March I had a pleasure to present at the Consumer Protection in Financial Services conference organized by the Academy of European Law (ERA). The conference tackled the themes of cross-border payments, consumer and mortgage credit and financial digitization and innovation raising many theoretically interesting and practically relevant questions. Without discussing these, our readers might be interested in the current and upcoming initiatives of the EU Commission.

Cross border payments 
The review of Regulation 942/2009 has ended and the amending regulation is about to be published (see the Proposal here). The basic changes to the current regime will be the extension of the basic principle of having no difference in charges for domestic and international payments to non-euro countries, and there will be enhanced transparency requirements for currency conversion services.

Payment services
The most important development in the progress of applying Directive 2015/2366 (PSD2) is the entry into force of Regulation 2018/389 supplementing PSD2 with Regulatory Technical Standards on Strong Customer Authentication and Common and Secure Communication in September 2019. In addition, since the entry into force of PSD2 several Application Programme Interfaces (APIs) have been developed (such as the Open Banking in the UK) and the working of which is being actively monitored by European Banking Authority and the EU Commission. 

Payment accounts
The review of Directive 2014/92/EU has started with the study being awarded that will cover the update of the list of services part of the payment account with basic features, assessing the need for additional measures for price comparison websites. The review will also cover new aspects not included into the scope of the Directive such as  the feasibility of cross-border account switching, and the EU-wide portability of IBAN numbers.

Mortgage credit
Directive 2014/17/EC is due for review in 2020 and the Commission is currently preparing to award the study for the review. The study will cover the use and consumer understanding of ESIS and the cross-border success of the Directive. It will also cover new areas not currently included into the scope of the Directive such as the need for supervision of credit registers, the impact of digitization on mortgage credit and the need for additional post-contractual rights for consumers.

Consumer credit
Directive 2008/48/EC is currently being evaluated, the EU Commission has just closed the public consultation. After gathering all the information from the evaluation the EU Commission will decide whether or not review the Directive. Some new issues under consideration are similar as with the Directive 2014/17/EC and extend to the need to regulate/supervise credit registers and the impact of digitization on consumer credit.

Unfair contract terms
Directive 1993/13/EC was also discussed especially in the context of mortgage credit, and it has been noted that the Commission is currently working on a guide for applying the Directive in the light of the rich case-law that significantly advanced the level of protection provided by the Directive (and which we have discussed on this blog).