EBA欧洲银行-Joint-Committee-Guidelines-on-complaints-handling-28JC-2018-3529_DA_6页_251kb

Summary of Complaint Handling Guidelines in the Financial and Banking Sectors

Core Content

These guidelines, issued by ESMA and EBA, outline the requirements for complaint handling in the financial and banking sectors across the EU. The purpose is to ensure a consistent level of consumer protection and to promote transparency, clarity, and efficiency in the complaint handling process. The guidelines apply to competent authorities and financial institutions, with a focus on aligning national supervisory practices with EU regulations.

Main Objectives

The guidelines aim to:

• Clarify expectations for the organization of businesses in relation to complaint handling.
• Ensure transparency in the information provided to complainants.
• Standardize procedures for responding to complaints.
• Harmonize complaint handling systems across the EU.
• Ensure a minimum level of supervisory convergence to protect consumers throughout the EU.

Scope of Application

These guidelines apply to:

• Competent authorities responsible for supervising complaint handling in financial institutions.
• Financial institutions that provide services covered by the following EU directives:
  • MiFID (financial services)
  • AIFMD (alternative investment fund managers)
  • UCITS (collective investment in transferable securities)
  • CRD and CRR (capital requirements)
  • PSD (payment services)
  • EMD (electronic money)
  • MCD (Mortgage Credit Directive)

They do not apply to complaints regarding:

• Activities not supervised by competent authorities.
• Activities in another unit of the company where the company has no legal or administrative responsibility.

However, companies are encouraged to respond to complaints and provide information about the relevant financial institution or service provider.

Compliance and Implementation

• The guidelines are issued under Article 16 of the ESA (European Supervisory Authority) regulations.
• Competent authorities and financial institutions are expected to comply with the guidelines as much as possible.
• Competent authorities must notify ESMA and/or EBA within two months of the publication of the translated versions of the guidelines, explaining whether they comply or intend to comply.
• If a competent authority has not responded within the deadline, it will be considered as having complied.
• The guidelines apply from the date of the reporting requirement mentioned in point 7.
• For competent authorities responsible for supervising complaint handling by credit intermediaries and non-institutional credit providers, the guidelines apply from 1 May 2019.

Definitions

Key terms defined in the guidelines include:

• "Virksomhed(er)" (Business(es)): Entities that perform financial activities such as:
  • Investment services under MiFID.
  • Alternative investment fund management under AIFMD.
  • Collective investment in transferable securities under UCITS.
  • Payment services under PSD.
  • Electronic money issuance under EMD.
  • Mortgage credit activities under MCD.
• "Klage" (Complaint): A statement of dissatisfaction by a natural or legal person regarding services provided by the above-mentioned financial activities.
• "Klager" (Complainant): A natural or legal person who is presumed to be entitled to lodge a complaint and has already done so.

Key Guidelines for Complaint Handling

Guideline 1 – Complaint Handling Policy

• Financial institutions must establish a complaint handling policy, approved by senior management.
• The policy should be documented in a written document, such as part of a general fair complaint handling policy.
• All relevant employees must be informed about the policy through an appropriate internal communication channel.

Guideline 2 – Complaint Handling Function

• Financial institutions must have a dedicated complaint handling function.
• This function ensures that complaints are investigated thoroughly and any conflicts of interest are identified and managed.

Guideline 3 – Registration of Complaints

• Financial institutions must register complaints internally in accordance with national deadlines.
• Registration should be done in a secure manner, such as through an electronic system.

Guideline 4 – Reporting of Complaints

• Financial institutions must report information about complaints and their handling to competent national authorities.
• Reporting should include the number of complaints categorized by national criteria or internal criteria, if relevant.

Guideline 5 – Internal Follow-up on Complaint Handling

• Financial institutions must continuously analyze complaint data to identify recurring or systemic issues.
• They should analyze the underlying causes of complaints, consider their impact on other products or services, and take corrective actions where necessary.

Guideline 6 – Provision of Information

• Financial institutions must provide clear, accurate, and up-to-date information about their complaint handling procedures.
• This includes:
  • How to file a complaint (type of information required, contact details).
  • Details of the complaint handling process (acknowledgment time, expected resolution time, access to competent authorities, ombudsman, alternative dispute resolution mechanisms).
• Institutions must inform complainants about the further processing of their complaints.

Guideline 7 – Procedure for Responding to Complaints

• Financial institutions must collect and review all relevant documentation and information related to a complaint.
• They must communicate in clear and understandable language.
• Complaints should be responded to promptly, ideally before the national deadlines.
• If a complaint cannot be resolved within the expected time, the institution must inform the complainant of the reasons for the delay and the expected completion date.
• If a final decision is made that fully meets the complainant's request, the institution must provide a detailed explanation of its position and the complainant’s options, such as appealing to an ombudsman or using alternative dispute resolution mechanisms. This decision must be communicated in writing if required by national law.