The Polish financial sector is bracing for significant legislative changes as the government moves to implement new European Union directives regarding consumer credit. The proposed legislation aims to overhaul the existing framework, introducing stricter obligations for lenders and enhanced protections for borrowers.
The draft act is designed to transpose the provisions of Directive (EU) 2023/2225 of the European Parliament and of the Council into Polish law. This directive, dated October 18, 2023, pertains to consumer credit agreements and repeals the older Directive 2008/48/EC. Additionally, the new Polish regulations will incorporate changes regarding financial service contracts concluded at a distance, aligning with Directive (EU) 2023/2673.
Following a period of public consultation and inter-ministerial arrangements that concluded with published remarks in December 2025, the legislative process is moving to the next stage. A consensus conference is scheduled for January 20-21, 2026, where stakeholders will finalize the details of the new regulatory environment.
Expanding the Scope of Consumer Credit
One of the most profound changes in the proposed legislation is the removal of the maximum amount cap for consumer credit. Under the current regulations, the Consumer Credit Act generally applies to loans up to a specific monetary threshold (historically set at PLN 255,550 or its equivalent in other currencies).
The new draft envisages abolishing this ceiling. This means that high-value financing agreements, which were previously treated as general civil law contracts or corporate-style loans, will now fall under the strict consumer protection regime. This change is expected to significantly alter the landscape of lending in Poland, as higher-value personal loans and expensive vehicle financing will require the same rigorous informational duties and consumer rights as smaller cash loans.
Mandatory Creditworthiness Assessments
The draft law places a renewed and heavier emphasis on the borrower’s ability to repay debts. While credit checks are standard practice, the new regulations introduce a distinct prohibition on granting credit in cases where the creditworthiness assessment yields a negative result.
Previously, while lending to a risky client was discouraged and potentially sanctioned by supervisory bodies, the new act aims to make the ban explicit. This provision is designed to prevent over-indebtedness and curb predatory lending practices. It will likely have the most significant impact on the non-banking sector, particularly firms offering a quick loan, where lending criteria have traditionally been more lenient than in traditional banks. Lenders will be required to adhere to more precise rules regarding how this capacity is calculated, ensuring that consumers do not take on financial commitments they cannot fulfill.
Advertising and Information Transparency
The proposed act introduces a series of changes regarding the information obligations imposed on lenders, specifically in the realm of advertising. The goal is to ensure that marketing materials for credit products are clear, not misleading, and allow consumers to easily compare offers.
This aligns with the broader EU goal of standardizing how financial products are presented across member states. Consumers can expect more prominent displays of the Annual Percentage Rate of Charge (APRC) and clearer warnings about the costs associated with borrowing.
Regulation of Non-Interest Costs
A critical technical aspect of the new bill concerns the calculation of costs. The draft proposes specific formulas and patterns for calculating the maximum height of non-interest costs for specific types of credit products.
Overdrafts and Credit Cards
The regulation specifically targets credit in savings and settlement accounts (overdrafts) and credit card agreements. By setting clear formulas for non-interest costs, the legislator aims to eliminate hidden fees that often make these revolving credit lines more expensive than they appear. Consumers utilizing a loan calculator may soon find that the projected costs of these products become more predictable and standardized across different banking institutions.
The “Sanction of Free Credit”
Perhaps the most controversial and legally complex area addressed by the draft is the modification of the “Sanction of Free Credit” (Sankcja Kredytu Darmowego – SKD). In Polish law, this mechanism allows a borrower to repay only the capital, without interest or fees, if the lender violates specific statutory obligations in the credit contract.
In recent years, SKD has become a battleground between banks and consumers, with numerous lawsuits filed over technical errors in contracts. The new legislation intends to modify these provisions. While the draft aims to maintain protection for consumers against dishonest lenders, it also seeks to clarify the conditions under which this severe penalty can be invoked, potentially reducing legal uncertainty in the banking sector.
Prepayment and Tied Credit
The modernization of the act also addresses the rights of consumers who pay off their obligations early. The draft outlines specific conditions under which a borrower is entitled to compensation for early repayment, as well as the mechanisms for reducing the total cost of the credit in such scenarios.
Furthermore, the liability of creditors in “tied credit” agreements is being revised. Tied credit refers to loans granted exclusively to finance the purchase of specific goods or services (such as buying a car or electronics on installments). The new rules will clarify the joint responsibility of the seller and the lender, offering better recourse for consumers if the goods are defective or not delivered. This is particularly relevant for the car loan market in Poland , where tied credit is the standard model of financing.
Next Steps
As the January 2026 conference approaches, legal experts and financial institutions are closely analyzing the draft. The implementation of Directive 2023/2225 represents a generational shift in Polish consumer finance law, moving from the 2011 framework to a more digital-focused, consumer-centric model mandated by Brussels.