Consumer Protection Code Reform – Obligations to Comply with Accessibility Requirements

New Consumer Protection Code

Following a comprehensive review of the Consumer Protection Code, the Central Bank of Ireland (the “Central Bank”) published a revised version of the Consumer Protection Code, together with a feedback statement which outlines the rationale for the approach adopted by the Central Bank in updating the Consumer Protection Code.

The revised Consumer Protection Code comprises the Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Consumer Protection) Regulations 2025 (the “Consumer Protection Regulations”) and the Central Bank Reform Act 2010 (Section 17A) (Standards for Business) Regulations 2025 (the “Standards for Business Regulations”) (together, the “Revised Code”). The Central Bank has also published the following guidance to support firms in complying with their obligations under the Revised Code. These include:

(a) General Guidance on the Consumer Protection Code;

(b) Guidance on Securing Customer’s Interests; and

(c) Guidance on Protecting Consumers in Vulnerable Circumstances.

The Revised Code will take effect on 24 March 2026 following a 12-month implementation period. Until then, the existing Consumer Protection Code 2012 continues to apply to regulated firms in Ireland.

European Accessibility Act Requirements

Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (the “European Accessibility Act”) was enacted to harmonise accessibility requirements across the European Union to ensure that certain products and services are accessible to all persons, particularly those with disabilities.

The European Accessibility Act was transposed into Irish law by the European Union (Accessibility Requirements of Products and Services) Regulations 2023 (the “Irish Regulations”). The Irish Regulations shall come into force on 28 June 2025.

Consumer Protection Code Accessibility Requirements

In addition to compliance with the applicable accessibility requirements under the Irish Regulations, entities within scope of the Irish Regulations[1] are required to consider the accessibility requirements under the Revised Code when dealing with consumers and customers in Ireland.

Under the Revised Code, a consumer is defined to mean:

(a) a natural person,

(b) a group of natural persons, including a partnership, club, charity, trust or other unincorporated body, or

(c) an incorporated body, that is not –

(i) an incorporated body that had an annual turnover in excess of €5 million in the previous financial year, or

(ii) an incorporated body that is a member of a group of companies having a combined turnover greater than €5 million,

(a “CPC Consumer”).

A customer, under the Revised Code, on the other hand is defined to mean:

(a) any person to whom a regulated entity provides or offers financial services;

(b) any person who requests the provision of financial services from the regulated entity;

(c) a relevant borrower in a case where a regulated entity undertakes credit servicing in respect of the credit agreement concerned; or

(d) a hirer in a case where a regulated entity undertakes credit servicing in respect of the consumer-hire agreement or hire- purchase agreement concerned;

and shall include, where appropriate, a potential “customer” and former “customer” within the meaning above (a “CPC Customer”).

Pursuant to Regulation 4(1)(e) and 9 of the Standards for Business Regulations, a regulated entity shall at all times, ensure that all information it provides to a CPC Customer is presented in a way that informs a CPC Customer effectively, to enable them to make informed decisions to meet their financial needs. According to paragraph 2.2 of the General Guidance on the Consumer Protection Code, in order to inform a CPC Customer effectively, regulated firms should consider the following:

(a) the profile of the target audience, including a consideration of whether a CPC Customer has any accessibility needs and whether information can be presented in a way that addresses these needs. For example, firms should consider if people using assistive technologies such as voice commands can navigate the information being presented;

(b) the content of the information, taking into account the needs of a CPC Customer and their level of financial literacy and familiarity with financial concepts;

(c) the use of the ISO Plain Language Standards, National Adult Literacy Agency’s (NALA) Writing and design tips, the National Disability Authority’s (NDA) Accessibility Toolkit and the Customer Communications Toolkit for the Public Service in its communications with a CPC Customer;

(d) the use of features such as layering and bold fonts in displaying information to a CPC Customer as poor presentation of information can distort a customer’s ability to assess the benefits and risks of financial products;

(e) the use of appropriate delivery channels to communicate and deliver information to a CPC Customer. A delivery channel most appropriate for the profile of the relevant CPC Customer should be chosen;

(f) the timing of the communication to a CPC Customer as information provided at the right time increases the likelihood that customers will actively engage with it; and

(g) regular review and testing of communications with a CPC Customer to ensure that the CPC Customer is effectively informed.

Digital Platform Requirements

Pursuant to Regulation 40 of the Consumer Protection Regulations, where a regulated firm utilises a digital platform to conduct business with CPC Consumers, the firm must give clear and step-by-step guidance on how to use and navigate the digital platform. This guidance should take into account the profile of the customer base and the complexity of the platform and should align with the principles of informing effectively in the Revised Code. According to paragraph 3.5 of the General Guidance on the Consumer Protection Code, some of the ways in which firms can ensure their digital services and delivery channels are accessible include:

(a) use of the NDA’s Accessibility Toolkit in designing their digital platform;

(b) consideration of the principles contained in Directive (EU) 2016/2102 of the European Parliament and of the Council on the accessibility of the websites and mobile applications of public bodies (Web Accessibility Directive), including use of screen readers and voice commands on the digital platforms;

(c) effectively structuring and layering the information in order to ensure that the relevant information is easily identifiable and accessible by a CPC Consumer;

(d) designing digital platforms that facilitate easy navigation and encourage deeper engagement with content; and

(e) policies and procedures for advertising new products and services and for handling complaints should be accessible etc.

Consumers in Vulnerable Circumstances Requirements

In addition, pursuant to Part 3 of the Consumer Protection Regulations, a regulated entity dealing with a “consumer in vulnerable circumstances” is required to provide such consumer with on-going reasonable assistance as may be necessary to facilitate them in their dealings with the regulated entity, including:

(a) providing assistance in individual circumstances;

(b) providing appropriate training to the staff so that they can identify and respond to consumers in vulnerable circumstances;

(c) reporting concerns on financial abuse; and

(d) facilitating the nomination of a trusted contact person.

A “consumer in vulnerable circumstances” under the Revised Code is defined to mean a consumer that is a natural person and whose personal circumstances, whether permanent or temporary, make that consumer especially susceptible to harm, particularly where a regulated entity is not acting with the appropriate levels of care, and "vulnerable circumstances" should be construed accordingly. Pursuant to paragraph 3.2 of the Guidance on Protecting Consumers in Vulnerable Circumstances, persons with disabilities as defined under the European Accessibility Act should not be regarded as being inherently vulnerable as it is often the disabling barriers in society, rather than the individual’s impairment that creates the vulnerability for that person. For example, the way in which information is provided can make persons with a disability who are otherwise wholly competent and capable of conducting their own affairs, vulnerable to not having, or being able to access, the full information needed to inform their choices; or the necessary technology to be able to conduct financial services might not be designed to take into account the needs of persons with disabilities.

What can my business or organisation do now?

According to Guidance on Protecting Consumers in Vulnerable Circumstances, the requirement of the Revised Code is not for firms to identify all consumers in vulnerable circumstances or to categorise or label consumers as such, but for regulated firms to take steps to ensure that their processes and services are appropriately designed so as not to disadvantage persons with a disability when interacting with the firm.

By understanding vulnerability, meeting the requirements of the Revised Code, and reflecting a customer-focus across its business, a firm will improve the outcomes for consumers in vulnerable circumstances overall, and thereby meet the standard required by the Revised Code.