BGK is of the opinion that the scope of the regulation should be limited only to institutions offering banking products and providing banking services to consumers/individuals, without the possibility of its extension to persons who are not consumers within the meaning of the Guidelines. In our opinion, the fragment introducing such a possibility should be deleted (2. Subject matter, scope and definitions, point 8: Competent authorities may wish to consider applying these guidelines in relation to persons other than consumers as defined in paragraph , such as micro-enterprises and small and medium-sized enterprises (SMEs) ).
Individual customer service and products available to individuals varies from customer service for SMEs. In consequence uniform solutions and practices for remunerating employees serving these sectors would be difficult to implement. In case of natural persons a concern may occur that they do not have sufficient financial knowledge to make fully rational decisions related to financing – and thus the mechanisms for their special protection are introduced. This assumption seems to be unjustified as far as entities engaged in business activity are considered as financial management is an essential part of their activity. The extension of such requirements on a group of SME clients would be a significant and unreasonable burden imposed on financial institutions, undermining in particular those institutions that focus on providing access to finance for small- and medium-sized enterprises.
Guidelines should apply only to consumers as the directive does.