The government has approved a draft amendment to the Consumer Credit Act, which was submitted to it by the Minister of Finance. The amendment transposes the requirements of Directive (EU) 2023/2225 of the European Parliament and of the Council of October 18, 2023, on consumer credit agreements and repealing Directive 2008/48/EC (hereinafter “CCD2”). The draft is expected to take effect at the end of 2026.
A key change is the scope of the Act. The regulation will now apply, at least in part, to loans that were previously outside this legal framework, such as interest-free loans, certain forms of deferred payments (e.g., the “buy now pay later” model), or the sale of goods on installment. Providers and intermediaries of these services will be required to obtain authorization to operate under this Act.
A significant new feature is the explicit setting of a cap on loan costs (interest rates). A distinction will be made between standard loans, where the annual percentage rate of charge (APR) will be capped, and smaller or short-term loans, where a cap on the total cost of the loan is set. In this regard, according to its proposer, the proposal was inspired by case law on the issue of compliance with good morals (specifically, the explanatory memorandum refers to Supreme Court judgments case no. 21 Cdo 1484/2004 and case no. 33 Odo 236/2005). The resulting cap for smaller loans thus corresponds to three times the standard lending rate, which is approximately 50 % per annum.
Another significant area of change concerns the pre-contractual information obligations of credit providers. The amendment expands the scope of information that must be provided to consumers prior to the conclusion of a contract; specifically, it includes the obligation to inform consumers about the option of resolving disputes through a financial arbitrator, the repayment schedule, and the use of automated decision-making in determining credit terms.
The amendment also strengthens consumer protection during the actual negotiation of a loan. It introduces a requirement for the consumer’s active consent to the conclusion of a contract or the provision of an ancillary service, thereby eliminating the practice of pre-checked boxes and automatic loan arrangements. This approach shifts the legal framework toward the “opt-in” principle and addresses practices where consumers unknowingly entered into credit relationships, for example, during online purchases.
The proposal also includes amendments to the rules governing the assessment of a consumer’s creditworthiness. The fundamental objective of the legislation remains to ensure that loans are not granted to individuals who are not realistically able to repay them. However, rather than the previous focus on the formal correctness of the provider’s procedure, the amendment places greater emphasis on the substantive aspect of the matter – that is, the consumer’s actual economic situation.
The decisive factor is the situation at the time the loan is granted. If, given the circumstances, it demonstrably should not have been granted, the loan agreement will be invalid, and the consumer will not be obligated to pay interest or other costs but will only repay the principal, to the extent possible.
Nicméně opačně to v praxi znamená i to, že i kdyby poskytovatel úvěru vůbec neprověřil úvěruschopnost spotřebitele, na platnost smlouvy by to nemělo žádný vliv, pokud finanční poměry dlužníka v době uzavření smlouvy umožňovaly úvěr splácet. Tato změna se dle předkladatelky opírá o nejnovější judikaturu v této oblasti ( According to the proposer, this change is based on the latest case law in this area (specifically the Supreme Court judgments, case no. 33 Cdo 1819/2023, Case No. 33 Cdo 2105/2024, and Case No. 33 Cdo 1056/2025 from January 2026.) The proposal does not alter the fundamental concept of regulation; its sole aim is to establish clearer and more predictable rules for the provision of loans and to find a compromise that protects consumers while maintaining the availability of legal loans.
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