Consumer Protection in Electronic Payment Transactions

Can Consumers Be Charged Extra Fees for Electronic Payments?

Can Consumers Be Charged Extra Fees for Electronic Payments?

With the significant expansion in the use of bank payment cards, digital wallets, and electronic payment methods in the UAE, many consumers are surprised when completing a purchase to find additional amounts added under names such as 'payment gateway fees' or 'bank card fees' or 'processing fees'. This issue gains special legal importance in light of the UAE legislator's commitment to consumer protection, ensuring price transparency, and preventing practices that impose undisclosed or unjustified costs on consumers.

With the significant expansion in the use of bank payment cards and digital wallets,

Is it permissible to charge consumers electronic payment gateway fees in the UAE? A legal reading in light of the Consumer Protection Law.

What are electronic payment gateway fees?

Electronic payment gateway fees are the amounts charged by banks or payment service providers to merchants for processing card payments or other electronic means. These fees are essentially part of the merchant's operational costs and are not a burden imposed on the consumer.

  • Bank card processing fees
  • Global payment network commissions
  • Electronic payment service provider fees
  • Electronic collection fees

Is it permissible for merchants to charge consumers these fees?

In principle, consumers are obligated to pay the advertised price of the goods or services, and merchants should bear the operational costs associated with their activities, including the costs of accepting electronic payment methods.

The principles of consumer protection in the United Arab Emirates are based on transparency and clarity, and on not imposing undisclosed fees or costs on the consumer. Therefore, adding an extra amount simply because the consumer chose to pay by bank card may raise serious legal issues related to consumer protection and price disclosure according to Federal Decree-Law No. (15) of 2020.

The difference between payment fees and service fees

It is important to distinguish between two completely different cases in terms of their nature and legal assessment:

Fees imposed due to the payment method

Amounts added solely because the consumer chose to pay by card or an electronic method. They do not reflect any independent service and are exclusively related to the payment method, making them more likely to raise legal issues.

Independent declared service fees

Amounts for an actual independent service that are clearly disclosed to the consumer before the contract is finalized. This case is not related to the payment method but rather to the nature of the service provided, and its legal assessment differs.

The importance of prior price disclosure

One of the fundamental principles of consumer protection is that the price should be clear and known before the contract or purchase is finalized, and that the consumer should be able to know the full actual cost without being surprised by additional fees at the moment of payment.

BehaviorJudgment in terms of disclosure
Announcing the total price including all fees before paymentIn line with transparency principles
Displaying additional fees only on the payment pageMay constitute a violation of disclosure requirements
Adding fees after the transaction is completed without prior notificationA clear violation of consumer protection principles
Mentioning fees in the terms and conditions in small, inconspicuous printA point of dispute that requires legal assessment

Merchant obligations towards the consumer

The merchant is obligated to a set of legal requirements related to transparency and disclosure according to the consumer protection system:

01
Clarity in price presentation
The final price must include all costs associated with the transaction before completing the purchase
02
Prior disclosure of fees
Any additional fees must be announced in a way that enables the consumer to make their decision before completing the contract
03
Accuracy of the information provided
The information provided to the consumer must be correct, accurate, and not misleading in any way

What are the consumer's rights when undisclosed fees are imposed?

If the consumer believes they have been charged undisclosed or unjustified fees, they can take the following steps:

01
Document the incident immediately
Keep the invoice and payment receipt, screenshots of the electronic payment process, and any messages or terms presented before payment.
02
Request clarification from the merchant
Contact the merchant and request a written explanation of the nature of the imposed fees and their legal and contractual basis.
03
Contact the bank
If unauthorized fees are added in a card transaction, the consumer has the right to contact their bank to dispute the transaction.
04
File a complaint with the relevant authorities
The consumer has the right to file a complaint with the consumer protection authority when there are unjustified or undisclosed fees, after documenting the facts and necessary documents.

Documents to be kept

In any dispute related to electronic payment fees, these documents are important elements in proving the facts:

  • Invoices and payment receipts
  • Screenshots of the electronic payment page
  • Terms and conditions presented before payment
  • Text messages or emails
  • Bank statements
  • Any correspondence with the merchant regarding the fees

Important legal advice for the consumer

  • Read the full price details before confirming the payment process and check for the absence of any unexpected additional fees
  • Inquire about any additional amount that appears during the payment process before completing it
  • Always keep invoices and payment receipts and screenshots of what you actually paid
  • Do not rely solely on verbal information — request written confirmation for any fees
  • Document any additional fees that appear without prior notice and communicate with the merchant in writing
  • Seek legal advice when there is a dispute regarding large amounts or recurring practices

Most common questions about electronic payment fees in the UAE

Is it permissible to add fees due to payment by bank card?
It depends on the nature of the fees, the regulating entity of the activity, and the extent of disclosure to the consumer before completing the transaction. Adding undisclosed fees may constitute a violation of consumer protection principles.
Should fees be disclosed before payment?
Yes. A fundamental principle in the UAE Consumer Protection Law is the necessity of clarity and full disclosure of prices and costs before completing the contract or payment.
Does the consumer have the right to dispute fees they were unaware of?
If the fees were not clearly disclosed before completing the contract or payment, the consumer may have the right to dispute and request clarification or file a complaint with the relevant authorities.
Do the rules differ between different sectors?
Yes. Some activities are subject to specific regulations or additional instructions issued by specialized regulatory bodies, which may affect the nature of permissible fees and the method of disclosure.
What is the difference between service fees and payment method fees?
Service fees are for an actual independent service disclosed in advance. Payment method fees are related only to the choice of payment method without a real service fee, and the latter is the most problematic legally.
Does the merchant have the right to impose any fees they deem appropriate?
No. Fees must comply with applicable laws and regulations and be clearly disclosed to the consumer before completing the transaction.
Can fees imposed without the consumer's knowledge be refunded?
It depends on the circumstances of each case and the nature of the fees and available documents. Legal consultation helps in determining the available options and the possibility of recovery.
When is it preferable to seek legal advice?
When there are large amounts involved, frequent practices by the merchant, lack of clarity regarding the nature of the fees, or the merchant's refusal to respond to the objection.

Conclusion

Transparency and clear disclosure of prices and fees are fundamental principles underlying the consumer protection system in the UAE. Therefore, consumer awareness of their rights and the merchant's obligation to fully disclose costs contribute to enhancing trust in commercial transactions and reducing disputes.

It remains essential to review each case according to its specific circumstances, especially in activities subject to special regulations that may affect the nature of the permissible fees and their collection mechanisms.

Specialized legal consultation

Have you been charged an electronic payment fee that you were unaware of?

Whether you are a consumer seeking to know your rights or a merchant wanting to verify the compliance of your practices with the law, the team at Awad Al-Muhairi Law Office and Legal Consultations studies your case and provides you with specialized legal opinion.

01
Assessment of the Legitimacy of Fees
We examine the nature of the imposed fees and their compliance with consumer protection law and electronic payment regulations.
02
Review of Disclosure Requirements
We review the mechanisms for announcing prices and conditions and determine the extent of compliance with legal transparency requirements.
03
Representation and Claiming
We represent you before the relevant authorities and file the necessary complaints to recover your rights when applicable.


Small fees may seem trivial — but knowing your rights prevents you from paying what you don't need.