An increasing number of businesses offer customers deferred payment options, such as buy now, pay later (BNPL), post-payment, or credit cards with delayed debiting. These options improve conversion rates and customer convenience, but under the new EU rules they may qualify as regulated financial services, triggering supervision and additional compliance obligations.

The revised EU Consumer Credit Directive (Directive (EU) 2023/2225) must be fully implemented in the Netherlands by 20 November 2026, through the Dutch Financial Supervision Act (Wft) and the Civil Code.

For many entrepreneurs, this means that existing payment models will need to be reassessed.

Why Is This Already Relevant for Your Business?

The new rules may have immediate consequences for how you allow customers to pay:

• Payment models that were previously exempt may soon require a licence.
• Minor changes—such as longer payment terms, charging fees, or targeting a different customer group—can unexpectedly bring you under AFM supervision.
• Compliance failures may lead to fines, penalty payments, reputational damage, and even blocking of payment flows.
• Many businesses will need to adapt IT systems, terms and conditions, and the customer journey (e.g. age verification, creditworthiness assessments, credit-register checks).

In short, the impact is broad and particularly affects sectors that traditionally fall outside financial supervision, such as webshops, platforms, SaaS providers, marketplaces, and franchise chains.

What Is Changing and What Does This Mean for You as an Entrepreneur?

In the coming years, more forms of deferred payment will fall under the consumer credit regime of the Wft. This may include:

• a potential licence requirement for consumer credit;
• mandatory participation in a credit register and creditworthiness assessments;
• stricter protection of minors and vulnerable consumers;
• expanded information duties and withdrawal rights;
• adjustments to documentation, processes, and the customer journey.

These changes require entrepreneurs to align commercial choices with a significantly stricter legal framework.

Practical Examples

The following examples illustrate how quickly a payment model can shift from a commercial tool to a regulated credit product.

1. Extending the payment term → unexpected licence requirement
   A webshop extends its payment term from 30 to 60 days to increase conversion.
   Even without charging interest, the SME exemption may no longer apply.
   Consequence: licence requirement, credit-register checks, and additional documentation. The AFM may take enforcement action if this is not properly implemented.
2. BNPL without age verification
   BNPL is offered without adequate age checks.
   Under the new rules, lending to minors is strictly prohibited.
   Consequence: high risk of fines and statutory violations.
3. Administration fees → credit with remuneration
   A marketplace charges a €2.50 administration fee for post-payment.
   This may qualify the model as credit with remuneration, triggering supervision and licensing requirements.
4. Franchise chain: central payment option → qualification as large enterprise
   A franchise chain offers a single deferred-payment option for all franchisees.
   Due to the combined scale, the group may be treated as a large enterprise, causing exemptions to lapse and a licence requirement to arise.
5. International webshop with EU consumers
   A Dutch webshop sells to multiple EU countries using one payment method.
   Because each EU country implements the directive differently, the provider must comply with the rules in every country where it operates.
   Consequence: potentially multiple supervisors and divergent requirements, making harmonisation of payment flows and documentation essential.

Important: The Factual Situation Is Decisive

These examples show how varied the impact can be. Ultimately, qualification always depends on the factual design of your payment model and the legal criteria applied. The name of the service is irrelevant; the factual reality is decisive.

A small change—such as a fee, a term, a process step, or scale—can lead to a completely different legal outcome. Tailored legal advice is therefore essential.

What Should You Do Now?

With the new regulatory framework approaching, early preparation is advisable:

1. Map your payment models promptly
   Identify all forms of deferred payment, associated fees, and possible exemptions.
2. Review contracts, terms, and the customer journey
   Check whether your documentation meets the new information requirements and whether the customer journey is legally correct and understandable.
3. Adjust processes and systems
   Implement reliable age verification, creditworthiness assessments, credit-register connections, logging, and internal guidelines.

Together, these steps form the foundation for timely compliance once the new rules enter into force.

Conclusion

The new consumer credit framework means that deferred payment is no longer merely a commercial choice, but a regulated product.

By analysing and adapting in time, you can avoid supervisory measures, fines, and disruption of payment processes—while protecting your customers and your reputation.

How ACG International Can Help

We assist businesses with:

• analysing payment and credit models;
• determining whether a licence requirement applies;
• adapting terms, documentation, and the customer journey;
• setting up processes and systems to ensure demonstrable compliance.

Would you like to know what the new rules mean for your business? Please feel free to contact one of our specialists.