Identify the credit product and the applicable law
Begin the review with an inventory of each credit product, its legal entity, distribution channel and intended consumer. Record whether the agreement is fixed-term credit, an overdraft, open-end borrowing, purchase finance, or a BNPL arrangement. Document the credit amount, charges, duration, withdrawal treatment, early-repayment mechanism and any linked sale. Determine the Member State whose national implementing legislation governs the arrangement. This classification is the foundation of the checklist: Directive 2008/48/EC has exclusions and differentiated provisions, and the expanded scope of Directive (EU) 2023/2225 cannot simply be applied to all existing agreements before its national application date. Record the source provision and date checked for every conclusion. If the customer journey involves a merchant or intermediary, identify which actor carries each information or servicing responsibility rather than assuming that the customer-facing brand is always the creditor.
Test withdrawal notices and execution
For agreements within the present consumer-credit withdrawal framework, verify that the relevant contractual information explains the right, the applicable period, how notice is given and the consumer's payment obligations. Article 14 of Directive 2008/48/EC provides a 14-calendar-day withdrawal period calculated from conclusion or later receipt of the specified contractual information. Test the actual date calculation and the receipt of notice, including weekends, dispatch evidence and an electronic channel that becomes temporarily unavailable. The consumer ordinarily must repay the principal drawn and accrued interest under the Directive's conditions, with the relevant 30-calendar-day repayment period. Avoid presenting this as a rule that applies identically to excluded products or all national credit contracts. Retain the agreement version, notice timestamp, interest calculation and final account reconciliation, and distinguish withdrawing from credit from cancelling an underlying purchase.
Check early repayment and compensation calculations
Article 16 of Directive 2008/48/EC provides an early repayment right, in whole or in part, and a reduction in the total cost of credit for the remaining duration, within the Directive's scope. Test both full and partial repayment requests against a dated settlement quotation. Where the creditor proposes compensation, verify that the borrowing-rate and other statutory conditions are satisfied and the permitted cap is respected. The Directive generally caps qualifying compensation at 1 percent of the amount repaid if more than one year remains, or 0.5 percent if no more than one year remains, subject to its additional limitations and exceptions. Do not apply a compensation percentage automatically to every loan or overdraft. Retain the prepayment amount, rate type, outstanding duration, cost reduction, compensation calculation and customer communication. Investigate rounding, refunds and payment allocation before closing the case.
Review changes, assignment and ongoing information
Inspect how the creditor identifies changes to borrowing rates, contractual terms, lender ownership and drawdown rights. Existing EU legislation includes requirements on rate-change information and other contractual events, with national rules governing implementation. Article 17 of Directive 2008/48/EC protects consumers following assignment of a creditor's rights by preserving the ability to plead relevant defences against the assignee, subject to the Directive's conditions. Do not assume assignment creates a new agreement or removes the consumer's existing protections. Check notification obligations against the actual national law and agreement facts. Verify how periodic overdraft statements, notices about applicable changes and requests for contract copies are handled. A servicing audit should be able to reconstruct the exact rate, balance, notice date and recipient. Document both the decision to vary terms and the evidence that legally required information was given.
Examine linked credit, refunds and BNPL exceptions
Where credit finances goods or services, document whether the contracts form a legally defined linked-credit arrangement. Article 15 of Directive 2008/48/EC provides protections connected with the underlying supply contract, but national legislation determines the extent and conditions of certain creditor remedies. Test non-delivery, a partial refund, defective goods and a purchase cancellation without assuming every merchant return automatically cancels the finance agreement. For BNPL, distinguish financing by a third-party creditor from qualifying supplier deferred-payment arrangements. The revised CCD2 framework broadens coverage of several BNPL structures, subject to its particular scope conditions and exceptions. Keep product classifications and implementation dates distinct. Records should connect the purchase, credit agreement, merchant response, consumer complaint, refund allocation and final balance so that disputes can be investigated without losing the relevant transactional evidence.
Validate rejection, digital delivery and complaint pathways
A declined credit application may trigger information duties when a consulted database informed the refusal under Article 9 of Directive 2008/48/EC. Examine what database was consulted, whether the relevant legal trigger occurred and what information was given. Digital credit journeys require separate tests of pre-contract delivery, durable-medium records, contract acceptance and accessible post-contract rights channels. Automated decisions may also invoke data-protection safeguards under their own statutory conditions. Complaint handling should identify the right respondent, record the customer's disputed issue, investigate supporting documents and explain the available national out-of-court dispute-resolution route where applicable. Article 24 of Directive 2008/48/EC requires Member States to provide adequate and effective out-of-court mechanisms. Do not invent a universal EU ombudsman or a single complaint deadline. Test exceptional journeys, including inaccessible accounts, bounced notices and applications handed off between platforms.
Plan the CCD2 transition and maintain evidence
Directive (EU) 2023/2225 is adopted but its national implementing measures generally apply from 20 November 2026; the transposition deadline was 20 November 2025. Review Article 47 transitional provisions and the national implementing instrument for the relevant product and agreement population. Separate requirements already in force from changes due on the application date. Prepare a register listing each obligation, legal citation, responsible owner, system control, test evidence and next review event. Run samples covering withdrawal notices, early settlement, rate changes, assigned accounts, linked purchases, BNPL, rejected applications and complaints. Retain customer-facing text and technical evidence from the actual period under review rather than relying on the latest production template. Trigger review when national law changes, regulator guidance is published, a court interprets an obligation, or a significant product or process changes. This checklist supports structured compliance assessment but does not establish that a firm is compliant in any jurisdiction.
Frequently asked questions
Is this checklist sufficient to establish legal compliance?
No. It is an operational review aid. Product-specific national law, contractual facts and regulatory interpretations must be checked.
When do CCD2 national rules generally begin to apply?
20 November 2026, subject to transitional provisions and the applicable Member State measures.
Which evidence should a lender keep?
Relevant agreement and notice versions, calculations, decisions, customer communications, ownership records and dated reviews appropriate to the obligation.
Primary sources
Directive 2008/48/EC ↗Directive (EU) 2023/2225 ↗Read the source in its current version. National implementing measures and product-specific applicability may require additional research.