This is the commercial policy of the entity

24/06/2025

We often think that financial institutions are bound to certain things in their relationship with us. Although the financial sector is highly regulated, there are not always rules that refer to every aspect of banking operations. In our country contractual relations are based on the principle of freedom of contract between the parties.

The commercial policy of an entity is precisely the set of internal rules that define the general strategy of its business and establish the terms under which it manages the relationship with its customers, which is often directly related to its risk-taking policy.

Since entities, in the same way as customers, have freedom of contract, it may happen that entities base on their commercial policy the adoption of certain business decisions such as not entering into a relationship with a potential client.

By way of example, an entity may rely on its commercial policy to:

• Do not offer us a certain product or service, such as a specific type of account or a certain credit card that we would like to obtain. However, they could not justify by commercial policy denying us a basic payment account if we meet the requirements because in this regard they are bound by a rule.
• Set the price of your products. The interest rate you offer us for a deposit or charge us for a loan will depend, in addition to the market, on your commercial policy. Of course, the cost of some services is fixed or limited by law.
• Refuse to carry out certain operations such as a reunification of debts, provided that it does not fall within the scope of the application of the measures to support mortgage debtorsAbre en ventana nueva in difficulty in the scope of the Codes of Good Practice, if we comply with the requirements
• Refusing to grant financing or credit despite meeting certain requirements.
• The decision whether or not to charge a fee for certain services, such as issuing a certificate.
• Establish a limited time to attend the payment by window of non-domiciled receipts.
• Authorize or not that you exceed the limit agreed on your credit card.

Remember that the incidents that may arise with entities in relation to their commercial policy cannot be resolved by the Banco de España, since they fall on aspects that by their nature fall within the scope of the entity's freedom of operational operation and risk-taking.

However, institutions must comply with general regulations aimed at protecting customers who may be considered as vulnerable persons and at promoting equal treatment. Thus:

• Law 4/2022Abre en ventana nueva, establishes a plan of measures to promote the financial inclusion of the most vulnerable people, especially the elderly.
• Law 15/2022Abre en ventana nueva, recognizes the right of everyone to equal treatment and non-discrimination, regardless of their nationality, their status as a minor or adult or whether or not they enjoy legal residence.
• Royal Decree 193/2023Abre en ventana nueva when it comes to banking services, establishes the duty for entities to guide and support customers with disabilities, if they ask for it, in certain matters such as filling out forms or reading documents. 

Therefore, entities in the conduct of their activities should establish trade policy taking into account compliance with those and similar standards.

“Disclaimer: Please note that this is a translation of the original in Spanish that has been obtained using eTranslation (the machine translation tool provided by the European Commission), with the intention of giving you a basic idea of the content in English until a human translation becomes available. The Banco de España accepts no liability whatsoever in connection with this translation.”