On Jun. 10, 2026, AUT MoJ published Federal Act repealing Consumer Credit Act, enacting Consumer Credit Act 2026, amending Brokerage Act, Consumer Protection Act, Consumer Authorities Cooperation Act and Banking Act (Consumer Credit Law Amendment Act 36/2026 - VerKRAG 36/2026), partially transposing Dir 2023/2225.
Consumer Credit Act - VKrG 28/2010, as last amended by Law 6/2025, will expire on Nov. 19, 2026, but will continue to apply to credit agreements and credit arrangements concluded or granted before Nov. 20, 2026.
Act will come into force on Nov. 20, 2026; unless art 45(3) provides otherwise, this act only applies to credit agreements and loans concluded or granted after Nov. 19, 2026.
Sections 24, 27, 28, 30, 33, 34, 35, and last sentence of s37(1), (2) and (3), also apply to loan agreements and credit arrangements concluded for an indefinite period that were concluded or granted before Nov. 20, 2026, still in force on Nov. 20, 2026.
In Jul. 2026, AUT FMA consulted on draft regulation amending MiKaNa, see #306210.
On Feb. 12, AUT MoJ consulted on draft consumer credit law act 2026.
AUT MoJ put under review Draft Federal Act repealing Consumer Credit Act, enacting Consumer Credit Act 2026, amending Brokerage Act, Consumer Protection Act and Consumer Authorities Cooperation Act (Consumer Credit Law Amendment Act 2026 – VerKRÄG 2026); explanatory notes; a text comparison and impact assessment issued.
Draft federal law, repeals Consumer Credit Act, enacts Consumer Credit Act 2026, and amends Brokerage Act, Consumer Protection Act and Consumer Authority Cooperation Act, in implementation of Dir 2023/2225 on consumer credit agreements.
Implementation requires in particular a comprehensive renewal of consumer credit law by repealing the old Consumer Credit Act, which was enacted in implementation of Directive 2008/48/EC, and enacting a new Consumer Credit Act 2026 (VKrG 2026).
By expanding its scope, consumer credit law gains enormous practical significance beyond classic consumer credit business; in future, it will generally cover all payment deferrals and financing assistance, in particular buy now, pay later business model.
Draft legislation maintains existing structure of current Consumer Credit Act and thus classic credit agreement as defined in s988 of Austrian Civil Code (ABGB) (loan of money for consideration) as the standard case.
Other types of credit covered by the Directive are addressed in separate sections.
New aspects include prohibition of discrimination/granting unsolicited credit, regs tailored to digital financial products; and provision for leniency measures in consumer payment difficulties cases (special rules for overdraft facilities/overdrawn accounts).
In addition to implementing civil law framework in draft of new Consumer Credit Act 2026, draft also contains necessary accompanying regulations in Brokerage Act, which had to be adapted to new Consumer Credit Act, in Consumer Authority Cooperation Act and in Consumer Protection Act, where implementation of new Dir leads to elimination of corresponding special conflict of laws rule in s13a of Consumer Protection Act.
Effectiveness
Review period ends on Mar. 20, 2026.
Feb. 26, 2026 AUT FMA Statement
On Feb. 26, 2026, AUT FMA issued a statement responding to the Consumer Credit Act 2026 consultation issued by AUT MoJ, including various recommendations for changes.
It considers concept of addressing supervisory aspect of collective consumer protection through a general conduct of business obligation, in light of the obligations arising from the civil law implementation of EU Directive 2023/2225, to be extremely successful.
However, AUT FMA, suggested amendments to Banking Act (BWG) addressed in the draft, specifically regarding Section 3 Paragraph 9 BWG-E (Special responsibility of AUT FMA for on-site inspections), be expanded to include all conduct of business provisions.
Also regarding Section 33a Paragraph 1 Item 1 BWG-E (general duty of good conduct for consumer loans), welcoming inclusion of a general conduct of business obligation.
On Section 33a Paragraph 1 Item 3 BWG-E (special due diligence obligations), it also suggested provision, in accordance with Article 32(2) of the Directive, be limited to the due diligence obligation and no misunderstandings be created beyond Directive scope.
Finally, under Section 33a Paragraph 3 BWG-E (Exchange of confidential information), AUT FMA was concerned about restrictive application of rules relating to distribution of confidential information obtained in the performance of duties, and potential effects.
Apr. 2026 AUT PRL Dossier
On Apr. 22, 2026, AUT PRL issued dossier on Consumer Credit Law Amendment 2026.
I.e. Federal Act repealing Consumer Credit Act, enacting Consumer Credit Act 2026, amending Brokerage Act, Consumer Protection Act, Consumer Authorities Cooperation Act and Banking Act (Consumer Credit Law Amendment Act 2026 – VerKRÄG 2026).
The bill 473 expands information obligations and adapts the legal framework to new digital credit products; Art 1 repeals Consumer Credit Act; Art 2 enacts new Consumer Credit Act 2026; Art 3 amends Brokerage Act; Art 4 amends Consumer Protection Act.
Art 5 amends Consumer Authorities Cooperation Act, Art 6 does same to Banking Act.
Apr. 29, 2026 Bill Introduced in Justice Committee
On Apr. 29, 2026, AUT PRL announced bill was newly introduced in Justice Committee, aiming to treat all payment deferrals and financing assistance, even short-term or free of charge, under the consumer credit regime, with certain exceptions.
Document dated Apr. 29, 2026, received from AUT PRL May 8, summarized May. 11.
Expansion of application scope will broaden range of credit arrangements covered by regulations; €200 minimum threshold be eliminated/interest-free contracts included.
The aim is to ensure that consumers are comprehensively and appropriately protected even in these increasingly popular business models.
New information obligations being added regarding overdraft facilities and overdrafts.
Requirements for creditworthiness assessments are to be significantly expanded; ban on granting loans in event of a negative creditworthiness assessment is also planned.
May 2026 Bill Passed Justice Committee
On May 12, 2026, AUT PRL notified legislative package on consumer microloans passed Justice Committee; report on directives in judiciary to be further discussed in plenary session.
Document dated May 12, 2026, received from AUT PRL May 16, summarized May 19.
May 21, 2026 Package Passed
On May 21, 2026, AUT PRL said National Council approved a package to protect small consumer loans under Consumer Credit Law Amendment Act 2026 VerKRÄG 2026.
Payment deferrals/finance assistance will be subject to consumer credit regime, even if for short periods or free of charge; mainly apply to models such as buy now pay later.
Legislation implements new EU Consumer Credit Directive, repeals existing Consumer Credit Act, introduces a new Consumer Credit Act in 2026, amends other areas of law.
Includes stricter requirements on consumer declaration of intent, a ban on granting credit for negative credit ratings; in advertising, technical limitations of devices such as mobile phones must be taken into account when displaying standard information.
Jun. 2026 Act Officially Published
On Jun. 10, 2026, AUT MoJ published Federal Act repealing Consumer Credit Act, enacting Consumer Credit Act 2026, amending Brokerage Act, Consumer Protection Act, Consumer Authorities Cooperation Act and Banking Act (Consumer Credit Law Amendment Act 36/2026 - VerKRAG 36/2026), partially transposing Dir 2023/2225.
Consumer Credit Act - VKrG 28/2010, as last amended by Law 6/2025, will expire on Nov. 19, 2026, but will continue to apply to credit agreements and credit arrangements concluded or granted before Nov. 20, 2026.
Act will come into force on Nov. 20, 2026; unless art 45(3) provides otherwise, this act only applies to credit agreements and loans concluded or granted after Nov. 19, 2026.
Sections 24, 27, 28, 30, 33, 34, 35, and last sentence of s37(1), (2) and (3), also apply to loan agreements and credit arrangements concluded for an indefinite period that were concluded or granted before Nov. 20, 2026, still in force on Nov. 20, 2026.
In Jul. 2026, AUT FMA consulted on draft regulation amending MiKaNa, see #306210.
Regulators
AUT MoJ; AUT PRL
Entity Types
Bank; CNSM; CU; IB; MG Orig; MSB
Reference
OG BGBl. I, VerKRAG 36/2026, 6/10/2026; PR 451, 5/21/2026; PR, 5/12/2026; PR, 4/29/2026; Bill 473, PR, 4/22/2026; Rsp GZ FMA-LE0001.220/0003-INT/2026, 2/26/2026; CP 2/12/2026; CCD II Dir 2023/2225; BWG-E (AUT);
