---
title: "Surcharge compliance guide"
description: "Comply with general and regional requirements for applying surcharges."
url: "https://docs.adyen.com/development-resources/surcharge-compliance"
source_url: "https://docs.adyen.com/development-resources/surcharge-compliance.md"
canonical: "https://docs.adyen.com/development-resources/surcharge-compliance"
last_modified: "2026-06-01T15:33:16+02:00"
language: "en"
---

# Surcharge compliance guide

Comply with general and regional requirements for applying surcharges.

[View source](/development-resources/surcharge-compliance.md)

The information in this page does **not** constitute legal advice. It only provides an overview of general and regional compliance guidelines for surcharges. You should consult your own legal advisors on compliance with regulatory requirements and review the card network rules for the latest information.

This page provides high-level global guidelines for surcharging, as well as high-level guidelines for surcharging in different regions.

It is important to understand that the Adyen surcharge feature does not enforce compliance with card network requirements and local regulations. It remains your responsibility to ensure compliance with the requirements and regulations that apply to you as a merchant or to the users of your platform. As a rule of thumb, local regulations supersede requirements from the card networks.

## Informing the card schemes

A requirement from the card schemes is that the surcharge amount is reported to them. Adyen takes care of this reporting requirement on your behalf, but to be able to do that we need to get the details from you.

* For ecommerce payments, the surcharge feature is only supported with an API only integration. In your `/payments` request, you must specify the surcharge amount in the `surcharge` object, and the `amount.value` field must be the sum of the original transaction amount and the surcharge amount.

* With an in-person payments integration, the payment terminal or Mobile SDK calculates the surcharge based on how you configured surcharges. Your Terminal API payment request only needs to contain the original transaction amount, and we get the surcharge details through the terminal or SDK.

## Disclosure and signage

If surcharges are applied, this must be disclosed to customers beforehand.

You should:

* Inform the customer that a surcharge is calculated and applied to the transaction.
* Inform the customer of the surcharge amount or rate.
* Not describe the surcharge in any way (in writing or verbally) as calculated and applied by a specific card network or a financial institution.
* Clearly show or communicate the surcharge disclosure (the ["signage"](#signage)) in the transaction environment or process, including (if there is a physical point of sale) at the payment terminal or cashier’s desk.

### Signage

Card networks require posting clear signs both at entry points and at the points of sale or interaction:

* Entry points: at the outside of the location, for example, on or near the doors.
* Points of sale or interaction: next to the cash register, on the menu, on the ordering kiosk or online ordering website, and so on.

These signs must inform customers about the payment methods that are subject to surcharges, and the related costs such as the surcharge percentage.

The Adyen surcharge feature does not include signage and disclosure templates. It is your responsibility to obtain signage materials and show these correctly, and to ensure that the signage is relevant for your country or region and complies with local regulations.

On their websites, the card networks provide dedicated surcharge pages with guidance and signage templates, such as Visa's [page](https://usa.visa.com/support/small-business/regulations-fees.html) and [template](https://usa.visa.com/content/dam/VCOM/download/merchants/sample-surcharge-disclosure-signage.pdf) for the US.

Here are some example disclosure statements from the card networks:

> *We impose a surcharge on credit cards that is not greater than our cost of acceptance.*
>
> *We impose a surcharge of \_\_ % on the total transaction amount on {card network brand} credit card products, which is not greater than our cost of acceptance. We do not surcharge Debit {card network brand} cards.*

You can mention multiple card networks or card network products in such statements.

## Acceptance or cancellation

Customers must have the option to cancel their purchase, or choose an alternative payment method (such as cash or a different type of card) before the surcharge is applied.

## Receipts

Customer receipts must include a separate line item that represents the surcharge and specifies the surcharge amount. Depending on local regulations, additional or different requirements for disclosing surcharges on the receipt may apply.

## Fines for non-compliance

Through mystery shopping, card networks check if surcharges are applied in accordance with regulations. In case of non-compliance, the card network imposes a fine, which Adyen passes on to the responsible merchant or platform. Platforms are liable for fines incurred by their users, and thus the fines can accumulate if multiple users are found to be non-compliant.

Here are some examples of non-compliance that can incur a fine. In all cases the initial fine assessment can range from $1,000 to $25,000 per merchant or platform user, depending on the card network. All non-compliance fines are passed on to the merchant or platform.

* Correct signage to disclose surcharging has not been set up.

* Receipt is not compliant.\
  In case of a platform user, note that usually the platform determines the receipt configuration.

* Wrong card type is surcharged.\
  This violation can have regulatory implications and fines.

* Surcharge caps are exceeded.\
  This violation can have regulatory implications and fines. In case of a platform, exceeding surcharge caps can be due to an incorrect configuration on the platform side, or to platform users being allowed to set their own surcharges even when those exceed the relevant caps.

## Australia and New Zealand

These are the regulations from the card networks for Australia and New Zealand:

* Both debit and credit cards can be surcharged. However, if the "reasonable cost of acceptance" differs between debit and credit transactions, the surcharge amount must reflect this difference.

* Businesses can charge a surcharge for paying by card, but the surcharge must not be more than what it costs the business to use that payment type.

* Businesses must be able to prove the costs that the surcharge is based on.

* If there is no way for a consumer to pay without paying a surcharge, businesses must include the surcharge in the displayed price.

* EftPOS also allows surcharging.

The Reserve Bank of Australia (RBA) has announced a ban on surcharging effective 1 October 2026. From this date, you will no longer be able to surcharge EftPOS, Visa, and Mastercard debit, credit, and prepaid cards in Australia. American Express is exempted at this time, subject to a review set to occur mid-year 2026.

### Surcharging caps

Businesses can charge a surcharge for paying by card, but the surcharge must not be more than what it costs the business to use that payment type.

### Local regulations

Surcharging regulations can include state-specific caps or other requirements. Adyen strongly recommends that you contact your legal counsel to ensure compliance with all applicable laws including state requirements.

## Canada

These are the regulations from the card networks for Canada:

* Surcharging is only allowed on Visa, Mastercard, and Discover credit cards.
* Debit cards or prepaid cards cannot be subjected to surcharges under any circumstances. This includes payments with a debit or prepaid card that are processed as a credit transaction because a signature was used instead of a PIN.\
  The Adyen surcharge feature does not automatically decline attempts to apply a surcharge to debit or prepaid card payments. It is your responsibility to provide the correct surcharge settings.
* If you choose to add a surcharge to credit card payments, you must apply the same surcharge rate uniformly across all the credit card brands you accept. Additionally, the terms of the surcharge must be consistent for all credit cards.
* It is not allowed to apply surcharges on **Interac** transactions because of Canada's regulatory prohibition of debit card surcharging.

Also refer to the [Visa surcharge FAQ](https://www.visa.ca/content/dam/VCOM/regional/na/canada/Support/Documents/surcharging-faq-consumers-en.pdf) and the [Mastercard surcharge information](https://www.mastercard.ca/en-ca/business/overview/get-support/merchant-surcharge-rules.html) for Canada.

### Surcharging caps

Surcharges are capped at the current discount rate charged by the card network (for example the blend rate) or at the percentage cap for the card network, whichever is lower.

* Mastercard caps surcharges at 2.4%.
* Visa caps surcharges at 3%.
* For Discover the amount of the surcharge must not exceed the merchant fee paid to Discover for the card transaction.

The Adyen surcharge feature does not automatically decline attempts to apply surcharges that exceed these caps. It is your responsibility to provide the correct surcharge settings.

### Notification requirements

Mastercard requires that you/your platform's users notify Mastercard of the intent to implement surcharging at least 30 days before starting to apply surcharges to transactions. If you are a platform, meeting this requirement is your responsibility. To notify Mastercard, use the [Mastercard Surcharge Disclosure Form](https://www.mastercard.ca/en-ca/surcharge-disclosure-webform.html).

### Local regulations

In addition to card network regulations, you/your platform's users must comply with:

* Federal and state laws related to surcharging and avoiding deceptive disclosures. These laws differ per state and frequently change.
* Province-specific regulations related to caps or other surcharging requirements.

Ensure you/your platform's users understand, stay up to date, and comply with all surcharging regulations including regional nuances. Adyen strongly recommends that you contact your legal counsel to ensure compliance with all applicable laws.

## Europe

These are the regulations from the card networks for the European Economic Area (EEA):

* Cards issued outside of the EEA: no restrictions with regard to surcharging.
* Consumer cards issued in the EEA: surcharging is prohibited.
* Commercial cards issued in the EEA: regulations vary depending on the country.
* SEPA transactions: surcharging is prohibited.

### Local regulations

Surcharging regulations can include country-specific caps or other requirements. Adyen strongly recommends that you contact your legal counsel to ensure compliance with all applicable laws.

## United States

These are the regulations from the card networks for the US:

* Debit cards or prepaid cards cannot be subjected to surcharges under any circumstances. This includes payments with a debit or prepaid card that are processed as a credit transaction because a signature was used instead of a PIN.

  The Adyen surcharge feature does not automatically decline attempts to apply a surcharge to debit or prepaid card payments. It is your responsibility to provide the correct surcharge settings.

* If you choose to add a surcharge to credit card payments, you must apply the same surcharge rate uniformly across all the credit card brands you accept. Additionally, the terms of the surcharge must be consistent for all credit cards.

Also refer to the [Visa Surcharge Q & A](https://usa.visa.com/content/dam/VCOM/global/support-legal/documents/merchant-surcharging-qa-for-web.pdf) and the [Mastercard Surcharge FAQ](https://www.mastercard.us/content/dam/public/mastercardcom/na/us/en/documents/Merchant_Surcharge_FAQ.pdf) for more information.

### Surcharging caps

Surcharges are capped at the current discount rate charged by the card network (for example the blend rate) or at the percentage cap for the card network, whichever is lower.

* Mastercard caps surcharges at 4%.
* Visa caps surcharges at 3%.
* For Discover the amount of the surcharge cannot be greater than the Cost of Acceptance.

The Adyen surcharge feature does not automatically decline attempts to apply surcharges that exceed these caps. It is your responsibility to provide the correct surcharge settings.

### Notification requirements

You currently do not have to register your intent to surcharge credit cards using the [Mastercard Surcharge Disclosure Form](https://www.mastercard.us/en-us/surcharge-disclosure-webform.html). Mastercard is in the process of updating its rules around surcharging. We will update this page when the new rules are announced later in 2026.

Mastercard requires that you/your platform's users notify Mastercard of the intent to implement surcharging at least 30 days before starting to apply surcharges to transactions. If you are a platform, meeting this requirement is your responsibility. To notify Mastercard, use the [Mastercard Surcharge Disclosure Form](https://www.mastercard.us/en-us/surcharge-disclosure-webform.html).

To meet card network requirements, some platforms may need to provide Adyen with quarterly reports assessing the surcharges applied by their users. Whether this is required depends on the platform setup.

### Local regulations

In addition to card network regulations, you/your platform's users must comply with federal and state laws related to surcharging and avoiding deceptive disclosures. These laws differ per state and frequently change.

Surcharging is prohibited in several states, and regulations can include state-specific caps or other requirements. For example, in specific states it is not allowed to apply surcharges to gratuities.

Also, state-specific or other laws with different or additional **disclosure rules** may apply. For example, it may be required to include surcharges in how pricing is shown.

Ensure you/your platform's users understand, stay up to date, and comply with all surcharging regulations. Adyen strongly recommends that you contact your legal counsel to ensure compliance with all applicable laws.

## See also

* [Surcharge feature for in-person payments](/point-of-sale/surcharge)
* [Surcharge feature for platform in-person payments](/platforms/in-person-payments/surcharge)
