Buy Now Pay Later Regulation To Start In July

Finally we have a date for the extension of consumer credit protection to certain 'buy now pay later' agreements. There has been a long delayed consultation process, which I've covered on this blog, resulting in a final Policy Statement issued today. As is typical, the FCA has made a few, fairly minor, changes to the approach that it consulted on in July 2025. Firms that aren't already regulated will be able to register for temporary permission between 15 May 2026 and 1 July 2026, and will have 6 months from 15 July to apply for full authorisation. If you need advice on the new regime, including whether you fall into it, please let me know. 

Broadly, BNPL is interest-free credit for a consumer's purchase of goods or services that is repayable within 12 months in no more than 12 instalments. This has benefited from an exemption from consumer credit regulation that the government has now limited to situations where the retailer or merchant ("supplier") is providing the credit directly to the customer. This means that such agreements will be regulated where a third party lender is involved ("deferred payment credit" or "DPC"). 

That market for DPC is already highly concentrated: three firms account for over 90% of the volume. But by regulating the product, the FCA thinks that other regulated firms might now offer it. I doubt it, but I suppose any unregulated firm that chooses to become regulated in order to offer DPC might decide to offer other types of regulated consumer credit.

Unlike with other forms of consumer credit (including various "exempt agreements" that do not include BNPL), the supplier will not need to be authorised as a credit broker in order to introduce the consumer to a DPC lender.

Ultimately, this is intended to benefit consumers. The FCA wants them to have fewer late payments to be treated better treatment when in financial difficulty. That means information to help them understand the risks of "deferred payment credit" as well as their rights, obligations and the protection available. This means they should have a better chance of being able to afford what they borrow, miss fewer repayments and be charged fewer late fees. Lenders should also end up being more supportive where the borrower encounters financial difficulty. 

If the impact of increased regulation of 'payday lending' is anything to go by, the extension of regulation into this space should mean fewer DPC than that aspect of the BNPL market today.

New UK Rules on Handling Data Protection Complaints

Among the recent changes to UK privacy law, UK controllers of personal data will need to update their privacy policies, processing agreements and related procedures by June this year to include a process for handling complaints about a breach of the UK's  data protection law and regulation, including by providing a complaint form which can be completed by data subjects electronically. This post is for information purposes only. Please let me know if you need any drafting or advice on how to comply.

Controllers must acknowledge receipt of a complaint within 30 days and, "without undue delay" take appropriate steps to respond and inform the complainant of the outcome. That includes making enquiries into the subject matter of the complaint, "to the extent appropriate", and informing the complainant about progress. 

The Information Commissioner has consulted on guidance on complaints handling requirements.

What if we already have a complaints procedure?

Some service providers are already required to have complaints handling policies and processes (e.g. financial services firms), and it's common for a customer to complain about more than one issue at the same time, so it's best to sweep up data protection complaints in the same process. 

Will we need to report the number of complaints received etc?

There's also the potential for the ICO to require controllers to report the number of complaints they receive in a given period, which may be in the pipeline. 

What other changes have been made?

The Information Commissioner has also issued more general guidance on the changes made under the Data (Use and Access) Act 2025, including changes relating to 'legitimate interests'.

This post is for information purposes only. Please let me know if you need any drafting or advice on how to comply.