Verbraucherdarlehen: Bafin konsultiert Änderungsverordnung zur Sachkunde

This implements changes to Section 18a(6) of the German Banking Act (KWG) driven by the second EU Consumer Credit Directive (CCD II). For compliance teams at German credit institutions, the practical effect is a broadening of the competency perimeter: both internal and external employees who originate or issue consumer credit will need documented evidence of competence. Firms can no longer assume that Sachkunde obligations are confined to mortgage lending staff.

Key implications: - Scope expansion: competency frameworks must now cover the full consumer lending function, including third-party and outsourced distribution channels. - Timing pressure: the underlying CCD II requirements take effect from 20 November 2026, giving limited runway to design, test, and roll out training and assessment programmes. - Consultation window: comments close 27 October 2026 (subject line 'Stellungnahme im Rahmen der Konsultation 09/2026'), so firms wanting to shape the final rules must act quickly. Recommended actions: map which roles fall within the new perimeter; review existing training, testing and record-keeping; assess external partners' competency evidence; and consider submitting a response where the draft creates ambiguity or disproportionate burden. Proactive firms that align training early will reduce remediation risk and can position strong competence assurance as a differentiator in consumer lending.