{"id":12201,"date":"2026-08-07T12:50:28","date_gmt":"2026-08-07T10:50:28","guid":{"rendered":"https:\/\/becobra.be\/nieuwe-regels-voor-financiele-diensten-op-afstand\/"},"modified":"2026-09-01T13:17:38","modified_gmt":"2026-09-01T11:17:38","slug":"new-rules-on-distance-financial-services","status":"publish","type":"post","link":"https:\/\/becobra.be\/en\/new-rules-on-distance-financial-services\/","title":{"rendered":"New rules on distance financial services"},"content":{"rendered":"\n

The Law of 19 July 2026, published in the Belgian Official Gazette on 4 August, transposes Directive (EU) 2023\/2673 concerning financial services contracts concluded at a distance (DMFSD \u2013 Distance Marketing of Consumer Financial Services<\/em>) into Belgian law.<\/p>\n\n\n\n

The new framework applies to financial services provided to consumers at a distance, including insurance. In transposing the Directive, Belgium did not introduce additional stricter national rules.<\/p>\n\n\n\n

The existing framework for distance financial services is primarily being adapted to the further digitalisation of financial services. In addition to changes to information and withdrawal requirements, the new framework includes rules on adequate explanations, human intervention, protection against dark patterns<\/em> and an online withdrawal function.<\/p>\n\n\n\n

For insurance, the lex specialis principle is key: where sector-specific EU legislation governs the same matter, that legislation takes precedence. The new rules therefore operate as a safety net and are not automatically cumulative with existing IDD requirements.<\/p>\n\n\n\n

When is a contract concluded at a distance?<\/strong><\/strong><\/h2>\n\n\n\n

The use of email, telephone, Teams or a website does not in itself constitute distance selling. Two conditions must be met cumulatively:<\/p>\n\n\n\n

    \n
  1. up to and including the conclusion of the contract, one or more means of distance communication are used exclusively; and<\/li>\n\n\n\n
  2. the contract is concluded under an organised distance sales or service-provision scheme, without the simultaneous physical presence of the undertaking and the consumer.<\/li>\n<\/ol>\n\n\n\n

    A physical meeting followed by digital processing of the file therefore does not fall within this definition. Nor is an occasional contract concluded entirely by telephone or email sufficient: the conclusion of distance contracts must take place within an organised scheme.<\/p>\n\n\n\n

    The framework applies to B2C contracts. Pure B2B insurance activities fall outside its scope.<\/p>\n\n\n\n

    Key considerations for insurance distribution<\/strong><\/h2>\n\n\n\n

    1. Pre-contractual information: IDD remains the starting point<\/strong><\/strong><\/h3>\n\n\n\n

    The general pre-contractual information requirements for distance financial services are expanded. For insurance distribution, however, this expansion is limited by the lex specialis principle.<\/p>\n\n\n\n

    Where sector-specific EU legislation governs pre-contractual information requirements, those specific rules apply. The general list of information requirements is therefore not cumulative with the existing IDD information requirements.<\/p>\n\n\n\n

    Specific attention remains necessary in relation to information on the right of withdrawal: its existence, the applicable period and the arrangements for exercising it and, where relevant, the amount that may be payable where performance has already begun.<\/p>\n\n\n\n

    2. Adequate explanations<\/strong><\/strong><\/h3>\n\n\n\n

    The new framework requires consumers to be provided with adequate explanations enabling them to assess whether the proposed financial service is adapted to their needs and financial situation. These explanations include, among other things, the essential characteristics of the contract and any ancillary services, as well as the consequences of failure to comply with contractual obligations.<\/p>\n\n\n\n

    The lex specialis principle also applies here. For insurance, this requirement must be read in conjunction with the existing IDD rules on product information, demands and needs, and advice.<\/p>\n\n\n\n

    3. Right of withdrawal: existing right, revised framework<\/strong><\/strong><\/h3>\n\n\n\n

    For distance financial services, the withdrawal period is in principle 14 calendar days. For individual life insurance contracts, the sector-specific 30-calendar-day period continues to apply. There is no right of withdrawal for, among others, travel and baggage insurance policies or similar short-term insurance policies with a duration of less than one month.<\/p>\n\n\n\n

    Where, at the consumer\u2019s request, performance has already begun during the withdrawal period and the consumer subsequently exercises the right of withdrawal, a proportionate amount may be charged for the service already provided. For insurance, this will in principle be a pro-rata premium for the period during which cover was provided, provided that the consumer was informed of this in advance.<\/p>\n\n\n\n

    4. Online withdrawal function<\/strong><\/strong><\/h3>\n\n\n\n

    For contracts concluded by means of an online interface and for which a right of withdrawal exists, an online withdrawal function becomes mandatory.<\/p>\n\n\n\n

    The function must be easy to find, continuously available and clearly visible throughout the withdrawal period. It must enable the consumer to identify the relevant contract and notify the decision to withdraw, after which confirmation must be provided on a durable medium.<\/p>\n\n\n\n

    This does not necessarily require a specific graphical ‘withdrawal button’; what matters is compliance with the functionality and accessibility requirements laid down by law.<\/p>\n\n\n\n

    5. Human intervention<\/strong><\/strong><\/h3>\n\n\n\n

    Where online tools are used to provide consumers with information or adequate explanations, consumers must, under the conditions laid down by law, be able to request human intervention.<\/p>\n\n\n\n

    This is particularly relevant for chatbots and other automated applications forming part of the digital information or explanation process.van het digitale informatie- of toelichtingsproces.<\/p>\n\n\n\n

    6. Protection against dark patterns<\/em><\/strong><\/strong><\/h3>\n\n\n\n

    The new framework also regulates the design of online interfaces. They may not deceive or manipulate consumers or impair their ability to make free and informed decisions.<\/p>\n\n\n\n

    This includes, among other things, interfaces that give disproportionate prominence to certain choices, repeatedly prompt consumers to reconsider a decision already made, or make terminating a service more difficult than signing up for it.<\/p>\n\n\n\n

    In practice<\/strong><\/strong><\/h2>\n\n\n\n

    For insurance brokers, the first question is whether B2C insurance contracts are concluded entirely at a distance within an organised scheme. Where this is the case, the relevant processes should be reviewed against the new framework, with particular attention to the withdrawal process, the online withdrawal function, automated information and explanations, and the design of the digital customer journey.<\/p>\n","protected":false},"excerpt":{"rendered":"

    The Law of 19 July 2026, published in the Belgian Official Gazette on 4 August, transposes Directive (EU) 2023\/2673 concerning financial services contracts concluded at a distance (DMFSD \u2013 Distance Marketing of Consumer Financial Services) into Belgian law. The new framework applies to financial services provided to consumers at a distance, including insurance. In transposing […]<\/p>\n","protected":false},"author":3,"featured_media":12198,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[44,45,46,50],"tags":[83,91],"rol":[81],"class_list":["post-12201","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-affairs-and-compliance","category-life-insurance","category-non-life-insurance","category-systems-and-operations","tag-private","tag-slotje","rol-standaard-lid"],"acf":[],"_links":{"self":[{"href":"https:\/\/becobra.be\/en\/wp-json\/wp\/v2\/posts\/12201","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/becobra.be\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/becobra.be\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/becobra.be\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/becobra.be\/en\/wp-json\/wp\/v2\/comments?post=12201"}],"version-history":[{"count":2,"href":"https:\/\/becobra.be\/en\/wp-json\/wp\/v2\/posts\/12201\/revisions"}],"predecessor-version":[{"id":12208,"href":"https:\/\/becobra.be\/en\/wp-json\/wp\/v2\/posts\/12201\/revisions\/12208"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/becobra.be\/en\/wp-json\/wp\/v2\/media\/12198"}],"wp:attachment":[{"href":"https:\/\/becobra.be\/en\/wp-json\/wp\/v2\/media?parent=12201"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/becobra.be\/en\/wp-json\/wp\/v2\/categories?post=12201"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/becobra.be\/en\/wp-json\/wp\/v2\/tags?post=12201"},{"taxonomy":"rol","embeddable":true,"href":"https:\/\/becobra.be\/en\/wp-json\/wp\/v2\/rol?post=12201"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}