On September 11, 2026, the Chamber of Deputies approved an amendment to the Consumer Credit Act. Its primary objective is the transposition of the European Directive CCD2 (Directive (EU) 2023/2225 of the European Parliament and of the Council on consumer credit agreements and repealing Directive 2008/48/EC). However, the enacted legislation goes beyond merely implementing European regulations. The Czech legislature utilized the discretion granted to Member States under the Directive to adopt several bespoke national measures, extending beyond the European framework by regulating loan cost caps and the statutory consequences of defective creditworthiness assessments.
Statutory Price Caps on Loan Costs
One of the most significant changes is the introduction of a statutory cap on consumer credit costs:
- Standard Consumer Loans: The total cost indicator may not exceed four times the two-week repo rate plus eight percentage points.
- Short-Term Microloans: For short-term loans up to CZK 20,000 with a maturity of no more than 12 months, a special regulatory regime applies based on capping total borrowing costs. Concurrently, rules were adopted to restrict the rolling over (řetězení) of microloans.
Consequences of Defective Creditworthiness Assessments
The approved amendment also modifies the consequences of an improper creditworthiness assessment. The provision stipulates that the sanction of contract invalidity will not apply if the consumer would have qualified for the loan even under a proper credit assessment. This change codifies existing Supreme Court case law, which requires examining not only procedural errors in verifying creditworthiness, but also the consumer's actual financial capacity to repay the debt.
Furthermore, several adopted amendments introduce a rebuttable presumption of creditworthiness. Under specific conditions, a consumer is presumed to have been creditworthy at the time the loan was extended. The law ties this presumption primarily to the full repayment of a consumer loan or a proven history of long-term, compliant performance on residential mortgage loans.
Stricter Advertising and Pre-Contractual Requirements
The amendment imposes tighter restrictions on consumer credit advertising and marketing communications:
- Advertising must avoid misleading claims and feature a clear warning stating that borrowing incurs a financial cost.
- Lenders will be obligated to provide more detailed pre-contractual information.
- Consumers will hold the right to request a human explanation and review of automated credit decisioning systems.
Remote Contracting and Next Steps
The final text explicitly confirms the option to cancel a consumer credit agreement concluded online using a dedicated withdrawal button (tlačítko pro odstoupení), strengthening legal certainty in remote sales channels.
Although the primary goal of the amendment is the transposition of the CCD2 Directive, its practical impact extends beyond European baseline requirements in key operational areas. Lenders should proactively evaluate how these changes will affect their product offerings, underwriting workflows, IT systems, and contractual documentation.
Legislative Status: The bill has not yet completed the full legislative process and has now moved to the Senate for review.
This text was translated by AI.
