Direct Access for Fintechs: What Poland’s New Payment Systems Amendment Means for Your Business

On January 23, 2026, the act amending certain acts related to the functioning of the financial market and the protection of its participants was passed. Currently, the amendment awaits the final decision of the President of the Republic of Poland, who has until March 6 to sign or veto it.

From the perspective of the Fintech industry, and in particular authorized payment institutions (API) and electronic money institutions (EMI), one of the most anticipated changes is opening access to the payment systems infrastructure. This act also implements EU regulations concerning instant credit transfers in euro.

Revolution in the Settlement Finality Act: Direct access for Fintechs

A key step facilitating direct access is the amendment to the Act on Settlement Finality. The legislator explicitly included payment institutions and electronic money institutions in the definition of a payment system “participant”.

The amended provisions specify the framework for this participation:

• The entity operating a given payment system independently determines the criteria and conditions for participation, taking into account the need to ensure its smooth and safe functioning.
• A similar right and obligation belong to the National Bank of Poland (NBP) regarding the systems it operates.
• NBP gains the right to demand the necessary documents from applying entities to assess whether they meet the set requirements.

Equal rules for Indirect Access

Not every entity will opt for direct inclusion in the clearing infrastructure. For those who choose the indirect model, a significant anti-monopoly mechanism has been introduced.

According to the amended Payment Services Act, if a current payment system participant allows a payment service provider (e.g., a non-participant payment institution) to transmit transfer orders through this system, it must offer the same to other authorized providers. Most importantly, such access must be provided upon request of other providers in an objective, proportionate, and non-discriminatory manner.

Strict documentation requirements (New Art. 9a)

However, the new rights come with increased responsibilities. Payment institutions and electronic money institutions applying for participation in payment systems (as well as those already participating) will be required to possess and continuously update a number of mechanisms and procedures.

Under the new legal state, the act requires the preparation of:

• A detailed description of the measures taken to safeguard users’ funds.
• A description of governance arrangements and internal control mechanisms in relation to payment services or the issuance of e-money.
• A description of solutions regarding the use of information and communication technologies (ICT).
• A liquidation plan in case of insolvency, which must be adequate to the anticipated size and business model of the entity.

Domestic institutions can, upon their request, obtain an opinion from the Polish Financial Supervision Authority (KNF) on the compliance of their activities with the above rigors, which can be a strong asset in negotiations with payment system operators.

When will the provisions enter into force?

The legislator’s significant determination is visible in the short vacatio legis. Most of the new provisions of the act enter into force just 14 days after its publication. The legislator did, however, provide for exceptions – regulations concerning, among others, the imposition of penalties by the KNF for violations related to instant transfers will enter into force with a delay, i.e., on January 9, 2027.

The domestic payment services market is at a breakthrough moment that requires strategic and well-planned regulatory decisions. If you operate as an authorized payment institution (API) or an electronic money institution (EMI) and want to gain direct access to payment systems, it is worth securing your operational model and internal documentation against the new supervisory requirements right now.

We invite you to contact our team to discuss the impact of the current legislative situation on your business and optimally prepare for verification before the amendment enters into force.