§ 2-6. Ban on fees for card payments

The Financial Contracts Act·LOV-2020-12-18-146

Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська

The text of the law (unofficial translation)

§ 2-6. Ban on charging a fee for the payer's use of a card

(1) A payee (betalingsmottaker) cannot charge a fee for the use of a payment instrument (betalingsinstrument) covered by Chapter II of Regulation (EU) 2015/751 on interchange fees for card-based payment transactions (betalingstransaksjoner), or for payment services (betalingstjenester) covered by Regulation (EU) No 260/2012 establishing technical and business requirements for credit transfers and direct debits in euro.
(2) The first paragraph applies only if both the payer's (betaler) and the payee's payment service provider (betalingstjenesteyter), or the sole payment service provider involved in the payment transaction, are established within the EEA (EØS).
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 2-6

What does this mean?

The section prohibits the payee from charging the payer a fee for certain payment methods. The ban applies to payment cards that fall under the EU regulation on interchange fees for card-based payments, and to euro payments covered by the EU regulation on credit transfers and direct debits (direktebelastning).

The ban applies only when both payment service providers, or the only one involved, are established in the EEA. So if the payment instrument is covered, the payee may not charge a fee at all. By comparison, § 2-4 allows fees, with a cap for consumers (forbrukere). The rule is in Chapter 2 on payment settlement.

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