The digitalization of the financial sector has transformed the way customers handle their accounts, but it has also raised new questions about basic rights. One of the issues that most divides opinions is simple: can a bank refuse to withdraw money over the counter and force the customer to use the Multibanco? The answer is not immediate and involves contractual rules, internal policies and information obligations.
According to the Spanish economic press, which cites the Bank of Spain’s Bank Customer Portal, as well as the Noticias Trabajo portal, a Spanish website specializing in legal and labor matters, this topic has been the reason for frequent complaints, to the point that the banking supervisor felt the need to clarify what is and is not permitted. Logic is also useful for understanding what is happening in Portugal.
According to these publications, the Bank of Spain recalls that no entity can force a customer to withdraw money exclusively from an ATM, unless this limitation is expressly included in the contract or has been communicated in advance with the legally required advance notice of at least two months. The central issue is, therefore, contractual: it is not an absolute right of the bank, but a condition that can only be imposed if it has been previously accepted or duly notified.
How does this work in practice?
The Bank of Spain explains that the so-called cash service, which includes cash withdrawals and deposits, is within the sphere of internal organization of each institution. This means that banks can define how they provide this, for example, favoring the use of ATMs, but if they want to restrict cash withdrawals over the counter, they have to include this limitation in the account contract or communicate it individually to customers two months in advance, so that they can decide whether they want to maintain the relationship or change banks.
This obligation of transparency is essential, especially when the operation in question may involve additional costs. In Spain, many ATM withdrawals from different entities can generate commissions, which reinforces the importance of prior information. Bank of Spain guidelines determine that the customer is alerted on the screen before completing the operation, indicating the value of the commission, and can withdraw if they do not agree with the cost.
Digitization as an argument, but not as an imposition
The financial sector has insisted on channeling customers to self-service machines, justifying the change with efficiency, speed and reduction of queues. However, according to the same sources, the Spanish supervisor has been clear in stating that technological convenience does not replace the duty to guarantee access to cash, especially for elderly people, vulnerable customers or anyone who depends on face-to-face interaction.
The situation becomes more important in a country like Portugal, where many customers continue to prefer over-the-counter service and where the successive closure of branches has limited options. If a Portuguese bank tries to impose, subsequently, the obligation to only use Multibanco for certain withdrawals, it will be subject to similar rules: this change must be provided for in the account contract or be communicated to the customer at least two months in advance. Until then, the customer retains the right to use the means of movement stated in the contract and, in traditional accounts, this generally includes in-person service at the counter.
The importance of reviewing the contract
The Spanish examples emphasize that the key is always in the agreement signed with the client. This may contain limitations on cash service or an indication that only certain branches carry out cash transactions. If nothing is written and no change has been communicated, the customer cannot be forced to exclusively use Multibanco to withdraw money.
For many consumers, this information is decisive. The bank can recommend, encourage or suggest the use of Multibanco, but cannot impose it outside of contractual rules. If in doubt, the solution is simple: ask for an updated copy of the contract and check exactly what means of movement are provided and the applicable conditions.
And in Portugal?
In Portugal, the law does not prevent banks from restricting the way they provide cash services, but there are clear limits. The Bank of Portugal, through , clarifies that financial institutions have the autonomy to define the characteristics of the account and associated services, including the means of movement (branch, ATMs, home banking), as long as these conditions are set out in the account contract.
Any relevant changes, such as limiting counter service or changes in commissions, must be communicated to the customer at least two months in advance, giving them the possibility to accept or terminate the contract free of charge.
In terms of commissions, the Portuguese framework is even more restrictive in the case of debit withdrawals: Banco de Portugal recalls that, in Portugal and in the European Economic Area, credit institutions are prohibited from charging commissions for ATM withdrawals when the operation is carried out using a debit card. In credit withdrawals (for example, on credit cards or in specific modalities) there may be commissions, which must be included in the price list and clearly communicated to the customer.
In practice, this means that a Portuguese bank can encourage or direct customers to Multibanco and digital channels, and can even limit the number of over-the-counter withdrawals in certain types of accounts (as is the case with the base account, where access to transactions includes ATMs, home banking and branches, and a monthly limit on in-person withdrawals may be imposed.
But you cannot refuse an over-the-counter withdrawal or eliminate this service in traditional accounts if this limitation is not formally provided for in the contract or has not been communicated with legal notice.
And even when there are commissions associated with certain ATM operations, for example, credit withdrawals, these commissions must be indicated in advance, allowing the customer to decide whether or not they want to proceed with the operation.
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