ARTICLE
3 October 2022

Buy Now Pay Later: New EU Regulation Should Close Debt Traps

SA
Schoenherr Attorneys at Law

Contributor

We are a full-service law firm with a footprint in Central and Eastern Europe providing local and international companies stellar advice. As the go-to legal advisor for complex commercial matters in the region, Schoenherr aims to use its proximity to industry leaders, in developing practical solutions for future challenges. We keep a close eye on trends and developments, which enables us to provide high quality legal advice that is straight to the point.
Until now, consumers could easily take out microloans for online purchases in instalments via providers such as Klarna and PayPal without credit checks.
Austria Consumer Protection
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Until now, consumers could easily take out microloans for online purchases in instalments via providers such as Klarna and PayPal without credit checks. This easy access naturally involves dangers for consumers. According to consumer activists, it is often not even clear to consumers that what buy now pay later offers are loans. In addition, there is a risk that consumers will carelessly conclude too many buy-now-pay-later loans and lose track. There is also a danger that they will end up buying things they cannot actually afford. In some cases, these microloans are already being used for everyday purchases.

The EU now intends to put a stop to this with a new consumer credit directive aimed at protecting consumers from such debt traps in the future. According to this directive, credit checks will also be required in the future for buy-now-pay-later offers. But what kind of directive would it be if it did not have wide-ranging exceptions? Thus, for example, no credit checks are necessary with the instalment purchase of "Internetable devices". Interest-free loans and loans without late payments are also not to be covered by the new directive.

Since this is a directive that Member States must implement into national law, it will be interesting to see which exceptions will emerge.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
3 October 2022

Buy Now Pay Later: New EU Regulation Should Close Debt Traps

Austria Consumer Protection

Contributor

We are a full-service law firm with a footprint in Central and Eastern Europe providing local and international companies stellar advice. As the go-to legal advisor for complex commercial matters in the region, Schoenherr aims to use its proximity to industry leaders, in developing practical solutions for future challenges. We keep a close eye on trends and developments, which enables us to provide high quality legal advice that is straight to the point.
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