The CCD2 Directive expands lenders' obligations regarding the assessment of consumers' creditworthiness. The new regulations may require a redesign of lending processes, increase the costs of administering them, and, in the case of certain financial products, affect their availability and profitability.
Konrad Trzaskowski , attorney at law, and Tomasz Majkrzak, attorney at law, senior associates at KKG Legal working in the Banking, Finance, and Business Insurance Practice, analyze the implications of the new rules. Their article, “Creditworthiness Assessment According to CCD2—New Standards and Their Impact on Lenders’ Operations,” appeared in the July–August issue of “The Banking Law Monitor.”
How does CCD2 change the assessment of consumers' creditworthiness?
Directive 2023/2225, known as CCD2, places greater emphasis on the principle of responsible lending. In its legislation, the EU legislator is guided primarily by the principle that creditworthiness assessments should be conducted in the consumer’s best interest, in order to prevent irresponsible lending and excessive debt.
The new standards include, among other things, the scope of information regarding the consumer’s financial and economic situation, the sources of that data, and the requirement to document and retain the information used in the assessment. The lender may grant credit only if the assessment indicates that the consumer is likely to fulfill the obligations under the credit agreement as required by that agreement.
CCD2 also regulates the use of automated data processing in the creditworthiness assessment process. If the assessment is conducted in this manner, the consumer will be able to request an explanation of the result, present their position, and request a human review. A reassessment of creditworthiness will also be required before a significant increase in the total amount of credit.
How might the implementation of CCD2 affect lenders’ risk exposure?
The scope of lenders’ new obligations and legal risks will depend not only on the CCD2 requirements, but also on how they are transposed into Polish law. The authors analyze the latest draft of the new consumer credit bill prepared by the Office of Competition and Consumer Protection (UOKiK), dated April 17, 2026. In some areas, it provided for solutions that were more stringent or went further than the standard adopted by the EU legislature.
The authors' concerns centered in particular on vaguely defined obligations and multi-tiered penalties for failures in creditworthiness assessments. The bill provided, among other things, for restrictions on the collection and sale of receivables, as well as the possibility of imposing the sanction of free credit.
According to the authors, combining vague requirements with severe penalties could increase the risk of litigation and the costs of operating in the consumer credit market. At the same time, potential recommendations from the Polish Financial Supervision Authority (KNF) would not necessarily eliminate the risk arising from unclear statutory provisions entirely.
Work on the Office of Competition and Consumer Protection (UOKiK) draft under review was discontinued after this article was written. The final form of the Polish law implementing CCD2 is therefore not yet determined.
Which financial products are likely to be most affected by the new requirements?
Regardless of the form the national law takes, the implementation of CCD2 will require lenders to adapt their procedures, systems, and documentation. It may also be necessary to identify high-risk groups and restrict access to financing for certain consumers.
The new rules may particularly affect products based on a fast and simplified decision-making process, including:
- installment purchases;
- BNPL services, or “buy now, pay later”;
- express loans.
A comprehensive creditworthiness assessment may lengthen the time required to provide such financing and increase the costs of the process. For some products, it may be necessary to make significant changes and reassess their market viability.
Member States are required to apply the provisions implementing CCD2 as of November 20, 2026. For lenders, this means they must carry out compliance work within a limited timeframe and without knowing the final form of the Polish regulations.
The full article by Tomasz Majkrzak and Konrad Trzaskowski is available to subscribers of “The Banking Law Monitor” on the publisher’s website.