Coverage depends on the business's legal role
The Directive distinguishes the credit agreement from the entities involved in offering it. Article 3 defines a creditor by the grant or promise of credit in the course of trade, business or profession. A credit intermediary has a distinct definition tied to activities such as presenting or offering agreements, assisting with pre-contractual administration or concluding agreements on behalf of a creditor, under the conditions of the Directive. A bank, licensed non-bank lender, merchant or digital platform can carry out one or more relevant functions. A commercial brand may not be the creditor named in the agreement. Determine the identity and role of every legal entity before allocating responsibility. Scope of a particular agreement remains a separate question.
Banks and non-bank lenders
Banks and specialist lenders offering consumer credit may be creditors under CCD2 when they grant or promise covered agreements. The Directive's consumer-credit rules concern relevant conduct and contractual duties; separate prudential or banking authorisation frameworks can also apply. A bank cannot assume its status as a bank replaces the need to meet consumer-credit obligations, and a non-bank lender should not assume it is excluded simply because it does not take deposits. Identify the legal entity extending the finance, country in which the activity occurs, customer purpose, product terms and any applicable exclusion. The competent national authority and implementation measure determine the relevant national permissions and enforcement arrangements.
Credit brokers and digital intermediaries
Credit intermediaries may introduce products, assist with pre-contractual steps or conclude agreements on a creditor's behalf. Whether a comparison website, retailer or digital application platform fits the legal definition depends on what it actually does and the terms of its commercial relationship. CCD2 contains requirements involving intermediaries as well as creditors, but their duties are not interchangeable. A broker may control marketing and information screens even when another firm conducts the creditworthiness assessment and signs the agreement. The operational task allocation should be documented without treating a commercial outsourcing agreement as a replacement for statutory duties. National law may impose additional permissions, supervision or sanctions within the applicable legal framework.
Retailers and deferred-payment providers
A merchant can supply goods on ordinary payment terms, grant consumer credit itself or facilitate finance provided by another entity. CCD2 distinguishes certain supplier deferred-payment arrangements from third-party BNPL credit. The Article 2 exclusion for specified supplier arrangements depends on conditions such as absence of third-party credit, charges and the required payment period; particular rules apply to some large online suppliers. A product described as pay later can therefore have different treatment from another product with identical marketing wording. Retailers should record who is contractually granting credit, whether any third party purchases or provides the credit and how customer information is presented. The assessment should be repeated if finance partners or terms change.
Servicers, debt purchasers and outsourced providers
Credit servicing, collections and outsourcing may be subject to other legal instruments and national requirements. A technology provider operating an application screen is not necessarily a creditor or credit intermediary merely because its software is used. Conversely, outsourced execution of a legally significant activity cannot automatically remove an accountable creditor's duties. The analysis should identify rights exercised, customer-facing representations, control of decisions and contracts between participants. Purchasing receivables after origination may raise different questions from initially granting a credit agreement. Do not conclude that every servicer is covered by every CCD2 creditor provision, or that an entity outside the creditor definition faces no other regulatory obligations.
Exclusions, small enterprises and national measures
Article 2 contains scope rules and exclusions that have to be considered with Article 3 definitions. Certain microenterprises may qualify for particular treatment under the Directive, including options for Member States in relation to some obligations concerning credit intermediaries. A business should verify the national choice before claiming an exemption. Product amount, repayment term, purpose and structure can also change the classification. The national competent authority and applicable permission regime matter, but a firm's licence or registration alone is not proof that all of its credit agreements are covered. Maintain a separate assessment for different products and legal entities, particularly where a merchant introduces customers to several financing partners.
A practical role-and-obligation matrix
Prepare one row for each creditor, broker, merchant, servicing entity and technology partner in the customer journey. Record the exact activity, statutory definition considered, credit agreement, country, operative national rule, applicable obligation and operational owner. Separate required consumer information, assessment decisions, contracting, servicing and complaint responsibilities. Mark uncertain cases for further review with official sources rather than forcing them into a creditor or broker category. For November 2026 transition work, identify the agreements and business activities affected by the national CCD2 measures and any relevant legacy arrangements. The purpose is to demonstrate which legal entity does what, under which source, from which date.
Frequently asked questions
Does CCD2 apply automatically to every loan?
No. Article 2 exclusions, Article 3 definitions and national implementing measures determine the scope of a specific transaction.
When do the new implementing requirements apply?
From 20 November 2026, subject to Article 47 transitional rules for existing agreements.
Does a commercial label determine coverage?
No. Review the borrower, agreement, provider, actual activities and relevant legal definitions.
Primary sources
Directive (EU) 2023/2225 ↗Directive 2008/48/EC ↗European Commission consumer credit overview ↗Read the source in its current version. National implementing measures and product-specific applicability may require additional research.