Abstract

In 2015, the Polish legislator decided to lay down a procedure for handling complaints by financial market entities in the generally binding provisions of internal law, which should be considered as another important element of building a system for protection of consumer rights. The abovementioned act also covers payment institutions and payment service providers. It seems to confirm the growing importance of this type of activity (payment services) for the entire financial market in Poland. Along with the amendments to the Act concerning the complaint handling procedure by financial service providers and the Financial Ombudsman as well as adding small payment institutions to the catalogue of payment services providers as a result of the entry into force of the Act of 10 May 2018 on amendments to the Act on payment services and certain other acts [which constitutes implementation of PSD2 to the Polish legal order], the model of handling users’ objections to services provided by payment service providers, which also included small payment institutions, has undergone very significant changes. The main purpose of this article is to analyse legal aspects of this matter. Due to the fact that it concerns small payment institutions, further considerations will focus on the obligations of this type of providers, though they can also be considered in the context of other payment service providers. The article also contains comparative elements and a proposal for a practical solution of the problem of two overlapping legal regimes with regard to small payment institutions as well as payment service providers in general.