On 29 October 2025, the Department of Finance published an outcome statement (Outcome Statement) following its public consultation held earlier in the year regarding EU Directive 2023/2673 (the Directive).

The Directive – A Brief Recap

The Directive focuses on consumer financial services contracts concluded at a distance. It repeals Directive 2002/65/EC concerning the distance marketing of consumer financial services and amends the 2011 Consumer Rights Directive (2011 CRD) by implementing provisions specific to the distance marketing of consumer financial services contracts.

The Directive aims to bolster protection for consumers who purchase financial services at a distance through:

• modernising pre-contractual information provided to consumers;
• extending the right of withdrawal in the 2011 CRD to financial services contracts and introducing a withdrawal function; and
• facilitating online fairness through (i) the right to request and obtain human intervention in certain circumstances and (ii) implementing protection against dark patterns.

For further information on the key features of the Directive, please see our previous article here.

Outcome Statement – National Discretions Explained

Under the Directive, Member States have the option to exercise national discretion in five specific areas during the implementation process. The Outcome Statement addresses five of these areas which provides clarity on which of these Ireland intends to apply discretion and how this will be reflected in the forthcoming implementing legislation.

Discretions Not Being Exercised

Ireland has confirmed that its transposing legislation will not go beyond the requirements of the Directive in three key areas:

• Language: No additional language requirements for pre-contractual information will be introduced.
• Pre-Contractual Information: Ireland will not adopt stricter rules on the content or format of pre-contractual disclosures.
• Dark Patterns: No enhanced provisions beyond those in the Directive will be implemented to address dark patterns.

The decision not to “gold-plate” these provisions reflects the fact that existing Irish law and regulation, such as the Central Bank of Ireland’s revised Consumer Protection Code (CPC) and the updated Consumer Credit Directive, already provide protections for consumers entering into distance contracts concluded via digital platforms.

The Outcome Statement also highlights that the CPC obliges financial firms to secure consumers’ interests and to inform consumers effectively, irrespective of the platform or technology used. Additionally, the Central Bank’s Guidance on Securing Customers’ Interests explicitly states that the use of dark patterns is inconsistent with CPC requirements.

Discretions to be Exercised

The Department has confirmed that it will apply two linked national discretions under the Directive:

• Extending the right of withdrawal for certain credit agreements that fall outside the scope of both the Mortgage Credit Directive and the Consumer Credit Directive.

This approach ensures consistency for consumers across financial products. Whether a mortgage or credit agreement falls within or outside the scope of these directives, the withdrawal period will remain aligned, creating a uniform standard and reducing complexity for both firms and consumers.

 Discretions not Addressed

 The Outcome Statement does not address two national discretions, namely:

• Whether Ireland will provide that consumers cannot be required to pay any amount for withdrawing from an insurance contract; and
• Whether Ireland will specify the manner and extent to which adequate explanations will be given.

Ireland’s approach to these two national discretions remains to be seen.

Date and Method of Transposition

Member States must transpose the Directive into national law by 19 December 2025, with implementing measures taking effect from 19 June 2026.

Whether Ireland will meet this deadline remains uncertain. The Outcome Statement indicates that the Directive will primarily be implemented through amendments to the Consumer Protection Act 2022, with possible changes to other legislation, including those governing the Mortgage Credit Directive and the Consumer Credit Directive.

At the time of writing, no draft legislation has been scheduled or published by the Oireachtas.

If you wish to discuss this topic in more detail, please contact any member of our Insurance or Fintech teams.

Contributed by James O’Brien, Conor Forde, Martha Ní Dhochartaigh