Can I still apply surcharges?

27.09.2019 - We constantly update the contents of this document. You should expect new information to surface anytime, as specifics about the implementation of the new directive are still being worked on.

Overview

Your right to apply surcharges may vary accordingly by the payment method and the customer’s country. Please note that, even though the PSD2 regulation concerns the whole European Economic Area, states can decide invidually on certain aspects of the new directive. You should always check what rules are applicable in the country your business is registered. In the Netherlands, the body charged with the PSD2 oversight is the Authority for Consumers & Markets (ACM). According to the Dutch National Bank, you should always contact ACM for inquiries. Moreover, each payment method is likely to implement its own provisions in addition to these regulations.

What is NOT allowed?

For the majority of payment transactions, retailers are no longer allowed to charge fees for using specific payment methods.

Surcharges are banned for:

  • All VISA and Mastercard transactions when the consumer’s bank or card issuer and the payment provider of the merchant are both located in a European Economic Area (EEA) state
  • Debit Card transactions (for both individuals and business customers)
  • Standard Bank Transfers (for both individuals and business customers)
  • Direct Debit (for both individuals and business customers).

What is allowed?

Certain payment methods do not fall under the surcharge prohibition, as follows:

  • For PayPal or iDEAL, retailers are only allowed to charge consumers the actual costs incurred by them when using these payment methods and MAY NEVER exceed them

  • For pay-after-delivery (post-payment) payments, such as Klarna or AfterPay, retailers are only allowed to charge consumers the actual costs incurred by them when using these payment methods and MAY NEVER exceed them

  • Credit card transactions paid with a card issued outside the EU/EEA can still be surcharged (e.g. an overseas tourist with a credit card issued in India)

  • Business/Corporate credit cards do not fall under this category either and therefore surcharges can still be applied (e.g. Visa World Card Business, Mastercard Business, etc)

  • American Express and Diners Club are exceptions from the rule, too. Surcharges for these cards can still be applied regardless.

Please note that for hybrid card schemes such as American Express and Diners Club, it is up to each country to decide whether or not surcharging is allowed. Dutch law does not prohibit it, but other countries such as France, Belgium and the United Kingdom might deal with this differently.

B2C and B2B payments

Whereas the new PSD2 is mostly concerned with Business-to-Consumer (B2C) payments, Business-to-Business (B2B) payments are also sometimes affected.

To what concerns B2B payments, credit card payments done by corporate/business customers (corporate/business credit cards) are protected from the ban and can still be surcharged. However, surcharging for direct debit, standard bank transfers and debit card transactions, even if carried out by business customers, are all banned under PSD2.


Disclaimer: the information in this article has a general informative purpose. Given the changing nature of the law, rules, regulations and information in general, as well as the risk related to electronic communication, there could be delays, omissions or inaccuracies in the information contained in this article. As a result, the information in this article should not be used in place of a consultation with a professional consultant. We recommend that you consult the competent authority before taking any decision or action. While we have taken the greatest possible care in compiling the information released in the article, MultiSafepay can not guarantee the completeness, timeliness and / or accuracy of the information. As a result, MultiSafepay accepts no responsibility for direct or consequential damages resulting from the use of, reliance on or actions taken based on information provided in this article.