TITLE: India's Reserve Bank Issues Second Amendment Directions on Commercial Bank Responsible Business Conduct
BODY:
On June 15, 2026, the Reserve Bank of India (RBI) issued the Reserve Bank of India (Commercial Banks – Responsible Business Conduct) Second Amendment Directions, 2026, establishing comprehensive instructions on advertising, marketing, and sale of financial products and services by commercial banks. The directions apply to all commercial banks except Small Finance Banks, Payments Banks, Regional Rural Banks, and Local Area Banks.
The amendment introduces new definitions and regulatory requirements designed to protect consumers from deceptive practices. Key definitions include "dark patterns" (deceptive design practices that mislead users), "compulsory bundling" (making one product conditional on purchasing another), "mis-selling" (selling unsuitable products or without proper consent), and "explicit consent" (specific, informed indication of choice). The RBI also defines Direct Selling Agents (DSAs) and Direct Marketing Agents (DMAs) to establish clearer accountability for third-party sales representatives.
The directions establish stringent requirements for customer protection. Banks must develop comprehensive policies covering suitability assessments, feedback mechanisms, and compensation procedures for mis-selling cases. Banks must maintain updated lists of engaged DSAs and DMAs on their websites, ensure all sales personnel possess required qualifications, and implement codes of conduct applicable to employees, agents, and third-party representatives. The amendment prohibits compulsory bundling, requires explicit customer consent for each product or service, and mandates prominent disclosure of key features, fees, and risks. Banks must establish feedback mechanisms within 30 days of sale and provide compensation for losses arising from mis-selling. The directions include an illustrative list of 11 dark patterns, ranging from false urgency and basket sneaking to subscription traps and trick wording, with specific examples relevant to banking services.
The directions become effective on January 1, 2027, providing banks six months to implement compliance measures. The RBI exercised its powers under Section 35A of the Banking Regulation Act, 1949, to issue these amendments.