Distinguish who provides the credit
Separate third-party BNPL credit from payment time granted by a supplier for its own goods or services. Article 2(2)(h) contains a supplier deferred-payment exclusion with conditions concerning third-party involvement, interest and charges, and full payment within 50 days. Certain non-SME online suppliers face additional conditions, including a 14-day period and no third party offering or purchasing credit. Read the full provision and national implementation before applying an exclusion.
Describe the transaction rather than the brand
Create a transaction diagram identifying the supplier, borrower, creditor and any purchaser of the receivable. Add a timeline from delivery or service provision to each payment. State who bears non-payment risk and who receives each fee. This record helps a reviewer understand an arrangement that may be marketed using the same BNPL terminology as a legally different product. Collect the actual contracts rather than relying on a marketing description.
Review fees and product changes
List normal charges and late-payment charges separately. Capture the conditions that trigger each charge, the party collecting it and the wording shown to the borrower. Review optional payment extensions, subscription features and changes to the repayment schedule. If the product can operate in several configurations, research each configuration rather than treating the most favourable example as representative of every transaction.
Maintain a scope memo
A scope memo should record the legal question, product facts, source provision, national position and reviewer decision. Keep missing facts visible. For example, a reviewer may need to establish whether a third party purchases credit, whether a supplier falls within a particular enterprise category or which repayment deadline applies. Member State options may affect the treatment of some products. This research method supports legal assessment without pretending that a label or one numerical test supplies a definitive answer.
Primary sources
Directive (EU) 2023/2225: Article 2 ↗Read the source in its current version. National implementing measures and product-specific applicability may require additional research.