1. Pillar 1: Right to a Bank Account – No Financial Exclusion

EU – Payment Account Directive 2014/92/EU -> Spain RD 19/2017

The directive establishes that this type of payment account is provided by a number of credit institutions in each Member State for European consumers, microenterprises and asylum seekers, irrespective of the consumers' financial circumstances, such as employment status, level of income, credit history or personal bankruptcy.

Spain transposed it late:

On 24 November 2017, the Spanish Council of Ministers approved Royal Decree-law 19/2017 on basic payment accounts, account switching and comparability of payment account fees. The RD transposes Directive 2014/92/EU

In 2017 European Commission started infringement against Spain for not guaranteeing access to basic bank account – Spain will have to explain to the Court of Justice why it has not yet implemented the directive on payment accounts.

What it mandates:

• Any EU resident legally, including homeless, asylum seekers, no fixed address, can open Cuenta de Pago Básica
• Fees: max €3/month or free for vulnerable (Spain: IPREM threshold)
• Services: deposit, withdrawal, direct debits, credit transfers, card payments, online access – fully comparable to regular payment accounts
• Banks cannot deny based on income, employment, credit history

Case Law:

• CJEU Case C-... Agence Europe (Spain PAD infringement 2017) – Spain breach of EU law for late transposition.
• Refugee Account Cases (Syria, Germany, Spain 2023-24): Under 2014 EU Payment Accounts Directive, legal residents are entitled to a "basic payment account" – banks regularly fail to adhere and discriminate against Syrians. Migration Policy Institute reported non-compliance as of Dec 2023. Courts in Madrid and Berlin ordered BBVA and Deutsche Bank to open accounts.

2. Pillar 2: Digital Accessibility – Banks Must Work for Disabled

This is the biggest change since June 28, 2025.

European Accessibility Act (EAA) – Directive EU 2019/882

The European Accessibility Act establishes a legal requirement for banks operating in the European Union to ensure that their digital services are accessible to all users, including people with disabilities. At its core, the EAA is grounded in the principle that digital services must be perceivable, operable, understandable, and robust.

And:

Starting in June 2025, all banks and financial institutions offering digital products and services within the European Union will be required to comply with the EAA. This law mandates accessibility for people with disabilities across websites, apps, terminals, online banking services, and more.

Scope: websites, apps, ATMs, POS terminals, online banking, documents (statements, contracts), customer support.

Requirements: WCAG 2.1 AA + EN 301 549 – tactile keys on ATMs, voice guidance, screen-reader compatibility, color contrast, more than one sensory channel.

Fines:

• Germany up to €100,000 per product, up to €600,000 in some countries
• Spain Ley 11/2023 transposing EAA: fines from €30,000 to €600,000 per violation. Online shops may also face legal action
• Products and services such as computers, transport, banking services and e-commerce must comply from 28 June 2025 – exceptions for disproportionate burden, non-compliance may result in fines up to €44,891.81. Existing facilities have until 2030

Case Law:

EU:

• No confirmed EAA fines issued specifically as of June 2026 yet, but enforcement activity grew after June 2025 deadline. Irish regulator already audits pilar banks: AIB, Bank of Ireland, PTSB – ATMs must meet Annex I requirements.

US – ADA – Precedent for EU:

• Robles v. Domino's Pizza, 2019 – US Supreme Court denies cert. The Supreme Court decided not to hear appeal brought by Domino's which sought to overturn Ninth Circuit decision that entities selling online must make websites and apps accessible to people with disabilities. Ninth Circuit ruled ADA applies to website despite absence of specific statutory guidelines. This is cited as major win for disability advocates.
• National Federation of the Blind v. Chase Bank USA: Court found Chase Bank's website was not in compliance with ADA, thereby creating undue burden for visually impaired users. Bank required to add alt-text, improve contrast, work with assistive technologies.
• This line is now imported into EAA – US banks spent 2019-2024 settling thousands of web accessibility cases; EU banks face same wave.

India – Supreme Court:

Supreme Court Mandates Barrier-free Banking for Disabled Persons; RBI Issues Compliance Circular – Landmark 2024-2025 judgment:

Financial inclusion, the Court said, is a fundamental part of social inclusion and the right to open and operate a bank account is integral to the dignity and independence of persons with disabilities. Following the judgement, RBI issued a circular to all regulated entities instructing them to immediately review and modify their KYC policies in line with Supreme Court's directions.

Holding in Pragya Prasun & Ors v. Union of India (W.P. Civil 289/2023):

• Video KYC must have sign language, screen reader compatible
• ATMs must be talking ATMs with Braille
• No denial of account due to inability to provide thumb impression – alternative must be offered
• RBI must audit.

3. Pillar 3: Affordable Inclusion & Literacy Mandates

US – Community Reinvestment Act (CRA) 1977, reformed 2023: Banks must serve low-income neighborhoods, including digital delivery. Failure = merger denial. Case: Several banks denied expansion in 2022-23 for closing branches without digital alternative.

India – PM Jan Dhan Yojana + Supreme Court Puttaswamy link:

Jan Dhan is India's largest financial inclusion policy where bank account of all people linked through Aadhaar. But Supreme Court in Puttaswamy (2017/2018) struck down Section 57 of Aadhaar Act which gave power to private bodies like telecom and bank to use Aadhaar for any purpose.

Result: Aadhaar eKYC for Jan Dhan accounts allowed only voluntarily – Supreme Court interim order permitted use for Jan Dhan Yojana, MGNREGS, pension payments. Direct Benefit Transfer to get boost after RBI clarifies – Supreme Court permitted use for Jan Dhan.

Spain/EU: Law requires financial education and non-discriminatory conditions. Royal Decree 19/2017: banks must publish fees in comparable format, offer account switching service free.

Summary Table of Mandates