Record the product and all contractual participants
Begin with a factual description, not a marketing label. Record whether the consumer pays later in one instalment, repays several instalments or receives a reusable credit limit. Capture price, total credit, payment dates, interest, fees, late charges, returns and cancellation mechanics. Identify the entity extending credit, the merchant, platform operator, intermediary and anyone who purchases receivables. Save the customer contract and funds-flow diagram. The same checkout branding may conceal materially different contractual structures. A compliance checklist without these facts cannot reliably identify obligations. If a merchant changes financing partner or starts assigning receivables, repeat the role assessment instead of automatically carrying forward a prior exemption.
Determine scope and applicable law for each country
Identify each customer market and the domestic law applicable to consumer credit, e-commerce and relevant consumer protections. For CCD2, Article 2 defines scope and exclusions, including constrained forms of supplier deferred payment. Do not treat all interest-free instalment products as exempt. Document whether a third party offers or purchases credit and whether timing, charges and supplier characteristics affect the classification. Distinguish current national law from new implementing measures under Directive (EU) 2023/2225. Member States had to adopt and publish those measures by 20 November 2025; they are to apply them from 20 November 2026. A cross-border strategy also needs permission and competent-authority checks. Record who approved an exclusion analysis and what would invalidate it. For example, introducing a purchaser of the receivable, changing repayment deadlines, or raising default charges can affect the conclusion. A reusable legal summary is only reliable while its underlying product facts remain unchanged.
Approve each advertisement and consumer-facing claim
Inventory the channels where BNPL appears: product pages, banners, search advertising, influencer posts, affiliate links, emails and embedded app offers. Review the complete presentation rather than a single headline. For covered credit, CCD2 Articles 7 and 8 provide standards on fair advertising, warnings, standard information and representative examples when the relevant triggers apply. Do not say a consumer is guaranteed approval, that finance has no meaningful effect, or that zero interest means there can be no other charges unless these claims are demonstrably accurate under the applicable rules. Archive the approved creative and test it on different screen sizes, languages and checkout paths.
Test disclosure delivery and the decision process
For an in-scope BNPL product, identify the appropriate pre-contract information regime and ensure material information is delivered in good time before the consumer is bound, on paper or another qualifying durable medium. Review whether Articles 10, 11 and 12 require standard forms or adequate explanations for the actual agreement. Compare the instalment amounts, dates, total amount payable and charges shown at checkout with the agreement and retained documents. Under Article 18, covered creditors must conduct the appropriate creditworthiness assessment before conclusion of the agreement. Record the information sources, policy version, result and any permissible manual review. A fast checkout should not bypass a legally required decision step. Include test cases for interrupted checkout, duplicate orders, a consumer returning from a payment redirect and a late amendment to the basket. Review whether the consumer saw the same figures in the advertisement, the disclosure and the final agreement. Assign an owner for correcting discrepancies.
Examine late-payment, difficulty and redress processes
Review every customer outcome after purchase, not just a successful repayment. Check charges and communications when an instalment is missed, a refund is delayed, goods are returned, an order is cancelled or the debt is disputed. CCD2 includes provisions on forbearance, debt advisory services and alternative dispute resolution, but national implementation determines how the requirements apply. Avoid presenting a single EU late-fee maximum as universal: the Directive permits relevant national choices. Specify which team handles complaints, how consumers can reach them and how cases are escalated to the competent national mechanism when applicable. Retain notices, case histories and outcomes without imposing an invented retention period.
Collect evidence, review change triggers and assign owners
Complete the checklist only when each relevant item has a legal source, responsible owner, actual control and verifiable evidence. Useful records include a product scope memorandum, contractual role map, country-law register, advertising approvals, disclosure test reports, creditworthiness control tests, charge schedules and complaint outcomes. Include an exception log for unresolved legal questions and changes planned before the CCD2 application date. Require reapproval when a finance partner, payment timeline, advertising claim, automated model, fee, jurisdiction or regulator guidance changes. This checklist supports internal compliance analysis; a checked box does not establish legal compliance in the absence of accurate facts, applicable national law and functioning controls.
Frequently asked questions
Does the checklist prove BNPL compliance?
No. It is an organisational aid. Compliance depends on the actual contract, national law and controls operating as intended.
Are all zero-interest BNPL products excluded?
No. Interest-free credit may still fall in scope, while some qualifying supplier deferred payments meet detailed Article 2 exclusions.
When should the checklist be reviewed?
Review after national law or regulator guidance changes and whenever credit terms, partnerships, markets or systems change.
Primary sources
Directive (EU) 2023/2225, Official Journal ↗Directive 2008/48/EC, Official Journal ↗EUR-Lex: national implementing measures for Directive (EU) 2023/2225 ↗Read the source in its current version. National implementing measures and product-specific applicability may require additional research.