Custom legal document

Drafting PSD2 Exemption Statement

Have it drafted immediately by our in-house counsel
SME Lawyers

Do not hastily put this document together yourself — a false sense of security is harmful.
Have a specialist screen it and be in a stronger position when it matters.

  • Truly Tailor-Made Legal Solutions
  • Fixed rates
  • Pay later after draft
  • Free adjustment round
  • Delivered within 5 working days
  • Express delivery possible
  • Available in Dutch and English

How does it work?
Our services include a free, no-obligation consultation, an assessment, and a statement.

Experience with legal services for entrepreneurs since 2001
Lawyers and legal professionals.Direct contact with a specialist who thinks practically.
Fixed rates.Where possible, clarity regarding costs in advance.
Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

We worked for, among others:

An incorrect document often provides a false sense of security.
You think everything is taken care of, but only discover whether the document actually works during a conflict or claim.

1

Free intake

We discuss your company, the purpose of the document, and the key risks.

2

Draft or check

We draft a custom document or review your existing document legally.

3

Final version

You will receive a final version with instructions on correct usage.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

A legal document must not only be legally correct. Above all, it must align with how the entrepreneur will actually use the document

  • Lawyers and in-house counsel
  • Active since 2001
  • Affordable custom legal services
  • Always focused on practical use

Choose Tailored Legal Solutions

Choose whether you want to have the document drafted, checked, or modified. Prices and options vary per document.

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About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year
  • Customization
  • About us

About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year

Reviews (21)

Hanane

The consultation provided immediate clarity. We received an excellent explanation regarding the implications of applicable law in our international contracts. Everything was delivered neatly and on time.

Lina

We were looking for certainty and received it immediately in the first meeting. The translation of our wishes into watertight legal provisions was impressive. Everything was delivered neatly and on time.

Caroline

From the very first moment, we felt heard. The guidance during the drafting of the general terms and conditions was invaluable. It is clear that they have a passion for entrepreneurship.

Abdel

The approachability of this firm is a real plus. The lawyer managed to strike exactly the right balance between legal precision and readability. The document was accepted flawlessly by our investors.

Nizar

It immediately felt like a partnership rather than a simple service. The process was entirely digital and frictionless, which saved us a lot of time. It is clear that they have a passion for entrepreneurship.

Vincent

A breath of fresh air to speak with lawyers who speak our language. They pointed out tax risks in the contract that we hadn't considered at all. A reliable partner who strives for perfection in their documents.

Anne

We were looking for certainty and received it immediately in the first meeting. The fee structure was transparent, so we knew exactly where we stood during the process. A party that delivers on what it promises on its website.

Anas

The intake felt like a genuine consultation rather than a sales pitch. The agreements were properly honored. The service was professional and personal.

Soufian

The nuances of our business operations were listened to carefully. The setup of the cooperation agreement was logical and very well structured. It is clear that they have a passion for entrepreneurship.

Ronald

The intake felt like a real consultation rather than a sales pitch. They provided fantastic input on how we could keep the document commercially friendly. A reliable partner striving for perfection in their documents.

Nawal

It was great that we could immediately brainstorm about the best approach. It felt like we had an in-house corporate counsel for the duration of the project. The end result aligns 100% with our high standards.

Moad

We were immediately reassured after a worrying situation. The proactive attitude while waiting for feedback from our counterparty was very pleasant. The quality fully met our expectations.

Ilham

The document aligned well with our wishes. They flawlessly managed to expose the pain points in our current contract. The quality fully met our expectations.

Fouad

I couldn't see the wood for the trees, but the first meeting immediately provided clarity. The corrections were implemented lightning-fast in the new version every time. The document was accepted flawlessly by our investors.

Demi

The intake was personal and concrete. They flawlessly managed to expose the pain points in our current contract. Fantastic value for money for this level of expertise.

Niels

The lawyer took the time to explain everything thoroughly. The content was a good fit for our company. A party that delivers on what they promise on their website.

Nikki

Quick response and clear explanation. The contact was approachable and professional. It is clear that they have a passion for entrepreneurship.

Sophie

The start of the collaboration was exceptionally smooth. The language in the contract was modern and clear, without archaic terms. Fantastic value for money for this level of expertise.

Sofiane

We were given the space to tell our entire story without being interrupted. The proactive approach went beyond just the legal framework; the business side was also addressed. Our business partners were impressed by the professionalism of the contracts.

Can

We required a tailored approach, and that was handled well. The sharpness in the negotiations with our opposing counsel was impressive. A reliable partner striving for perfection in their documents.

Ibrahim

We really appreciated the transparency regarding the costs upfront. The aftercare and the opportunity to ask brief questions were perfectly arranged. A reliable partner that strives for perfection in their documents.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The correct declaration depends on your cash flows and the grounds on which you believe you are exempt. These choices determine the substantiation you require.

Choice or question Why this matters legally
Do you hold third-party funds at any time? As soon as you hold funds for others or pay them on, a payment service quickly comes into view and the grounds for exemption become more critical.
Do you fall under the commercial agent exception? This applies only if you negotiate or conclude the sale or purchase on behalf of the payer or beneficiary by means of an agreement; verify that you are genuinely fulfilling that role.
Do you work with a limited network or a limited assortment? The exception for a limited network applies only within a limited circle of accepting parties or a limited range of goods and services.
Who is the statement intended for? A bank, platform, or contract partner imposes different requirements on the substantiation than a notification or contact with DNB.
Can your situation change or grow? The exception may lapse in the event of volume growth or network expansion; specify when a reassessment is required.
Clauses and provisions

Which components belong in a PSD2 exemption statement?

A PSD2 exemption statement substantiates why your company falls outside the licensing regime for payment services. These are the elements that are decisive in practice, with the legal focus our legal experts pay attention to for each element.

Provision Relevant to Legal point of attention
Description of your activities and cash flows Always Describe in concrete terms how funds are received, held, and paid out; this determines whether it qualifies as a payment service under the Wft.
Selected ground for exception Always Explicitly state the legal basis, such as the commercial agent exception or the limited network exception, and justify why it applies.
Justification of the exception Always Substantiate, for each condition of the chosen exception, how your situation meets it; a mere reference without facts is insufficient.
Delineation: what is not included Always Indicate which activities you specifically do not perform (for example, holding funds for third parties), so that the scope of the declaration is clear.
Statement to the party Depending on usage Tailor the statement to the recipient (bank, platform, contract partner, or DNB), including the purpose for which they use the statement.
Validity period and update Always Specify the date from which the declaration is valid and that it expires or must be revised in the event of a change in your activities.
Disclaimer and responsibility Recommended Make clear that the statement is based on the factual situation as stated by you and does not replace a license or commitment decision by DNB.
Signature by authorized person Always Have the declaration signed by an authorized director so that it legally binds the company.
Use in practice

How do you use this document correctly?

The declaration works only if the facts are correct and the exception actually applies. Please note the following.

Situation What should you do? Point of attention
Prior First, factually assess whether your activities constitute a payment service under the Wft A declaration is of no help if you are substantively subject to a licensing requirement; in that case, enforcement by DNB is the risk.
When drafting Substantiate the chosen exception with concrete facts and figures A general reference without substantiation fails to convince either the bank or the regulator.
When used towards third parties Issue the statement only to the parties for whom it is intended Reuse in a different context may create false expectations and make you liable.
In case of changes Reassess the statement as soon as your activities or volumes change An exception that once applied may cease to apply due to growth or new services.
Common mistakes

Common mistakes

We see these errors most frequently in practice, and the consequences are far-reaching, particularly with payment services.

Wrong Consequence Better approach
Accepting an exception without a factual assessment Unjustified exemption and risk of enforcement by DNB First assess whether the activities constitute a paid service, and only then substantiate the exception.
Interpreting the commercial agent exception too broadly The exception turns out not to apply, resulting in a permit requirement Strictly assess the conditions: you must negotiate or conclude the transaction on behalf of a party.
Holding third-party funds without collateral Qualification as a payment service provider and potentially prohibited activity Structuring cash flows in such a way that you do not hold funds for third parties or face a licensing requirement.
Do not update declaration upon growth An expired exception that you still use Schedule a reassessment in the event of changes to volumes, network, or services.
Presenting the statement as a permit Incorrect expectations on the part of banks and partners, and liability Make clear that the statement is a substantiated position and not a decision or license from DNB.
Risk profile

What is your situation and what do you pay attention to?

The emphasis varies depending on the situation. If you recognize your situation, you know where the focus should lie.

Risk profile Example Focus in the document
Platform that facilitates payments between parties You receive or route funds between buyer and seller Assess whether you hold third-party funds; that makes an exception difficult to sustain.
Commercial agent who sells on behalf of a party You conclude or negotiate transactions on behalf of the payer or beneficiary Verify whether you truly meet the commercial agent exception and establish the agent role.
Gift card or loyalty card within own chain Payment is only possible within a limited network or assortment Check whether you remain within the limits of the exception for a restricted network.
Recurring or growing cash flows Volumes and circle of parties are increasing Schedule periodic reassessment; in the event of growth, a previously valid exemption may lapse.
Additional documents

When is this document not enough?

The statement substantiates why you fall outside the permit regime. In these situations, you require an additional or different document or advice.

Situation Supplementary document Why
You share sensitive business information or payment details with a partner Confidentiality Agreement For the protection of confidential information that you exchange in this context.
You work structurally with a platform or partner regarding payments Cooperation Agreement The mutual roles, responsibilities, and financial flows belong in a separate agreement.
You process personal data when handling payments Data Processing Agreement When processing payment data on behalf of another party, a data processing agreement is required (Article 28 GDPR).
Explanation of this document

Drafting a PSD2 Exemption Statement, why?

Not every entrepreneur knows exactly what a PSD2 exemption declaration is, when you need one, and which risks they must cover. That is why we explain below what this document entails, what you should look out for, and why customized legal solutions are important.

What is a PSD2 exemption statement?
A PSD2 exemption declaration is the document by which an undertaking providing payment services claims one of the exemptions under the revised Payment Services Directive (PSD2), implemented in the Netherlands via the Financial Supervision Act (Wft). In principle, PSD2 requires a license from De Nederlandsche Bank (DNB) for the provision of payment services. However, a number of activities are exempt from the licensing requirement — such as providing payment services within a restricted network or providing services as a commercial intermediary. The exemption declaration documents that the undertaking's activities fall within the exemption and reduces the compliance burden. Our lawyers assess whether your activities qualify for a PSD2 exemption, draft the exemption documentation, and advise you on the boundary between exempt and licensed activities.
What exemptions exist under PSD2?
PSD2 includes a number of exemptions relevant to SMEs. The limited network exemption: payment instruments used solely for the purchase of goods or services within a limited network of suppliers, from a single specific supplier, or for a limited range of products. The trading intermediary exemption: when an intermediary facilitates payment transactions on behalf of a buyer or seller but is never the holder of the funds themselves. The exemptions are substantively limited and the boundaries are strict — an overly broad interpretation of an exemption without legal substantiation will lead to action by the DNB. Our lawyers assess the classification of your activities and prepare the necessary exemption documentation.
How does it work at MKBjuristen?
After a brief intake regarding your payment activities, our lawyers assess whether a PSD2 exemption applies, prepare the exemption documentation, and advise you on the boundary between exempt and licensed activities.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Custom solutions per industry and company

Every business operates differently and faces different legal risks. Therefore, we tailor the document to your industry, customers, agreements, and way of working.

Webshops & e-commerce

Focus on online sales, delivery, returns, complaints, payment, digital products, and consumer regulations.

Business services

Attention to the assignment, additional work, liability, payment, termination, and reliance on client information.

Construction, installation & execution

Attention to planning, delivery, warranties, additional work, materials, delays, and liability risks.

Software, SaaS & digital services

Attention to licenses, availability, support, updates, data, intellectual property, and limitation of liability.

Trade, supply & wholesale

Attention to delivery, transport, payment, retention of title, warranties, delivery times, and international agreements.

Consultants, freelancers & advisors

Attention to scope, best efforts obligations, cancellation, payment, liability, and confidential information.


A legal document only has value if it suits your practice. That is why we look not only at the text, but also at how you use the document in your business.

Common mistakes with legal documents

A legal document often seems simple, but small errors can have major consequences later on. In practice, we see that entrepreneurs run the greatest risk when a document does not align well with their business, agreements, or way of working.

  • Using a standard document that does not suit the company
  • Forgot important agreements regarding payment, delivery, liability, or termination
  • Have a document generated without legal review
  • Continuing to use old documents while the company has changed
  • Not knowing how the document should be used correctly in practice

A legal document only prevents problems if it suits your situation. That is why we look not only at the text, but also at your company, agreements, and risks.

Why is a standard document often not enough?

Because a standard document does not take into account your industry, customers, risks, and specific agreements, important provisions may be missing or not align well with your practice.

Can I create a legal document myself using AI?

AI can assist in creating text, but does not independently assess whether the document is legally appropriate, complete, and usable for your business. Legal review therefore remains important.

When do I need to have my document checked?

Have your document checked if your business has changed, you have new customers or services, you have doubts about existing agreements, or the document has not been updated for a long time.

Will I also receive an explanation about the use of the document?

Yes. We explain how to use the document in practice, what to look out for, and which steps are important to prevent disputes afterwards.

Contact us

Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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