The updated rules for distance marketing of consumer financial services were published in the Official Journal this morning (Directive (EU) 2023/2673).
As expected, the new rules will come into force from 19 June 2026. Ireland and other EU Member States must publish their transposing legislation by 19 December 2025.
As regards the transposing legislation, in addition to setting out details on administrative penalties, some national discretions are available to Member States. These include the option to provide that consumers cannot be required to pay for withdrawing from an insurance contract, and the manner and extent to which adequate explanations are provided. Member States have also been "...encouraged to take account of the specific needs of micro, small and medium-sized enterprises in the application of the rules transposing this Directive" – it remains to be seen whether this is something that will be addressed as part of the Irish transposing legislation or any public consultation on national discretions that may precede that.
For details on the key aspects of the updated rules, which cover requirements on pre-contractual information, withdrawal functionality, the right to request human intervention and preventing the use of dark patterns, read our recent briefing here: Distance Marketing: Reforms finalised (likely to apply mid-2026).
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.