On Jul. 18, 2024, NLD GVT published advice of the Council of State, dated Jun. 17, 2024, on draft implementation decree on accessibility regulations for banking services.
Advisory Division had no comments on draft decree; recommended decree be adopted.
On Sep. 16, NLD GVT issued implementing decree for bank services.
NLD GVT launched a consultation on an implementing decree for the EU Accessibility Directive for banking services, provided by any financial institution, to meet needs.
Follows EU Jun. 2022 issued directive on product, service requirements, see #147976.
Legislation Basis
EU Accessibility Directive establishes accessibility requirements for banking services so that all of those with disabilities can use these services, and make informed decisions.
The new legislation must come in force by Jun. 28, 2025, which is the day that the EU directive comes into force, covering products and services then placed on the market.
As well as implementing the requirements of the EU Accessibility Directive, this new legislation will also amend the decree on administrative fines in the financial sector.
This will allow relevant regulatory authorities to effectively supervise all of these new arrangements, and to take action if they identify any breaches or violations of the law.
Legislation Scope
The legislation applies to credit providers, banks, investment firms, payment service providers, electronic money institutions, regulators, and all persons with disabilities.
Effectiveness
All responses to the consultation are required by Oct. 14, 2022.
Oct. 2022 NLD BAC Response
On Oct. 14, 2022, NLD BAC and Dutch Payments Association issued joint response to consultation on implementing decress for EU Accessibity Directive for banking services.
Noted lack of clarity on whether all banking services should be offered electronically.
Said enable electronic signature statement suggested mandatory introduction of electronic signature methods; obligation not present in proposed art. 32ac or directive.
Suggested amendment to clarify obligation to implement electronic signing methods.
Jul. 2024 Decree Issued
On Jul. 4, 2024, NLD GVT issued Decree of Jun. 19, 2024 on implementation of accessibility directive (Implementation decree on accessibility regulations for banking).
Amending Decree on supervision of financial enterprises under the Wft, and Decree on administrative fines in the financial sector, re implementation of Dir 2019/882.
Passage in explanatory memorandum to Art. 32ac regarding electronic signature has been adjusted to clarify that there is no obligation to introduce electronic signatures.
Decree will enter into force on Jun. 28, 2025.
Jul. 2024 Council of State Advice
On Jul. 18, 2024, NLD GVT published advice of the Council of State, dated Jun. 17, 2024, on draft implementation decree on accessibility regulations for banking services.
Advisory Division had no comments on draft decree; recommended decree be adopted.
Regulators
NLD GVT
Entity Types
Bank; CNSM; IA; Inv Co; MSB
Reference
OG 23464, 7/18/2024; OG 204, 7/4/2024; Decree 6/19/2024; PR, Rsp, 10/14/2022; CP, PR 9/16/2022; Dir 2019/882
