Microenterprises: greater protection in payment services

Royal Decree Law (RDL) 19/2018Abre en ventana nueva (link to Spanish version) extends to microenterprises protection insofar as the following are concerned: transparency of conditions and information requirements applicable to payment services; resolution and amendment of the framework agreement; and rights and obligations regarding the provision and use of payment services. 

In other words, if you are a microenterprise, you should know that the RDL regulates

  • The information to be provided by banks
  • The way in which they inform you of the terms and conditions
  • Whether or not they can charge for the information provided
  • How and when you can terminate your contract 

In addition, it will be for the bank to prove that it has satisfied the information requirements listed above.

In the case of direct debits, although the general rule establishes the right to claim a refund of a previously authorised payment within a period of eight weeks, microenterprises are exempt. This exception seeks to ensure that the credit risk that would be borne by the payment service providers during this period does not harm the microenterprise.

Lastly, in the case of claims relating to payment services, banks must respond within 15 working days.

 

What is a microenterprise? Microenterprises are firms employing fewer than ten people and with annual turnover or overall annual balance sheet of €2,000,000 or less.

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