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The JC Guidelines are addressed to authorities competent in their jurisdictions for supervising complaints-handling by firms, which in the banking sector include credit institutions, payment institutions and electronic money institutions, as defined in the Capital Requirements Directive (CRD), the PSD2 and the Electronic Money Directive (EMD) respectively.
The scope of the application of the JC Guidelines will be extended as of 1 May 2019 to the authorities competent for supervising complaints-handling by:
In the specific case of AISPs, which provide only account information services, but no other payment services, the EBA, in line with related requirements set out in the PSD2, confirmed that the Guidelines will apply only to security-related complaints.
The EBA also clarified that all credit intermediaries should inform consumers about the procedures for submitting a complaint, although competent authorities should consider a general proportionality principle when applying the JC Guideline to credit intermediaries that are sole traders. In relation to the specific case of credit intermediaries that are tied to, or work exclusively for, one creditor, the EBA further clarified that these intermediaries can either handle complaints themselves or rely on the complaints-handling procedure of the creditor.