On Friday, 11th October, 2019, at ANCR annual congress, Christophe NOBILET addressed the ANCR members: he reminded the reasons why it is essential for ANCR to keep its influence at the FENCA, and gave news about the GDPR code of conduct and the accountability of debtors across Europe.
"The work of FENCA is key to the protection of our industry in France".
For the 26th annual congress of FENCA, 300 experts from 28 countries gathered in Lisbon to exchange actions and ideas for the promotion of the debt collection industry in Europe.
Christophe NOBILET reaffirmed that “FENCA is of paramount importance and its action in a context whereby the laws that directly impact our profession in France are being more and more systematically prepared in Brussels; this is why our European Federation is the natural extension of all the actions that ANCR for the protection of our industry takes in France” .
"We have been and are particularly vigilant that the Code of Conduct considers the specifics of all the companies of our industry: the large ones, the med sized ones, as well as the small ones".
FENCA has been working for about three years on the establishment of a GDPR Code of Conduct for the debt collection sector.
Christophe NOBILET said that “when this Code of Conduct will be approved by Europe, more specifically by the European Data Protection Board, the European equivalent of our French CNIL, it will become the GDPR reference specific to our business and it will therefore enable an appropriate application of the European rule".
He also reminded that "ANCR has been very active in this work since its launch" and that "we should soon see the benefits".
Finally, he said that ANCR has worked to ensure that this code "is representative of our business diversity (mandate, buy-out, B2C or B2B claims ...) and that it is as simple as possible to be manageable by all our companies (large, medium, small) because many of us do not have a service or a person dedicated to GDPR compliance".
"FENCA now seems determined to open this project on the debtor’s accountability, especially under the ANCR constant influence"
On the sensitive topic of debtors’ accountability, Christophe NOBILET reminded “the great disparity of regulations for B2B and B2C debt collection across the EU countries”.
He took the example of France where "in B2C, it is prohibited to add collection costs on top of the debt, but amicable damages can be claimed from debtors under specific conditions", while in Germany, "it is legal to claim additional flat-costs to B2C debtors to make them contribute to pay for the collection costs supported by their creditor as a result of their late payment"; another example in Czech Republic: “the creditors can charge what they want to the B2C debtor on top of their debt; the principle is that the debtors shall pay for the costs of the prejudice they caused”.
While the impacts of unpaid bills heavily weigh on the French economy, he warned about "the global pressure of consumer associations in all EU countries, that are very effectively lobbying in Brussels, and clearly aim at putting a brake, or even an end, to any form of debtors’ accountability vis a vis their creditors".
Christophe NOBILET concluded that “it is of course out of question to add overwhelm already fragile debtors, but we need to make debtors more homogeneously accountable across the UE ; if we don’t do this it is very likely that the debtors’ accountability will be further reduced, especially in B2C, and this will be to te detriment of the economy, as well as to the detriment of cross-border trade and debt collection, even within the EU itself”.
FENCA brings together the national debt collection associations of the European Union countries, the so-called "full members", as well as the national associations of non-EU countries or even the companies that want to be direct members, those are called “affiliate members”.
FENCA was created in 1993 by 4 founding countries: Norway, Germany, Italy and France. For France, ANCR was the FENCA founding member and it has remained a very active and influential member ever since then.
To find out more: www.fenca.eu