The EU has amended the Consumer Rights Directive (Directive 2011/83/EU) to simplify the exercise of withdrawal rights in online transactions. Going forward, where a consumer concludes a distance contract via an online user interface and has a statutory right of withdrawal, that right must also be exercisable through a dedicated electronic withdrawal function – commonly referred to as the “withdrawal button”. The underlying principle is straightforward: withdrawing from a contract should not be more burdensome than entering into it. Member States were required to transpose the new rules by December 19, 2025, with application as of June 19, 2026. In Germany, these requirements are implemented, inter alia, through a new provision in the German Civil Code (Section 356a BGB).
Scope and Multi-Step Process
Similar to the existing “cancellation button” under Section 312k of the German Civil Code (BGB), the new withdrawal function involves a multi-step process. First, an easily visible “initial button” to the withdrawal function must be displayed on the online user interface. After clicking the “initial button”, the consumer must be taken to a page where they can enter or confirm the information required for the withdrawal. Subsequently, a confirmation function must allow the consumer to submit the withdrawal declaration. Once the confirmation function has been activated, the business must promptly send the consumer an acknowledgment of receipt on a durable medium, including the content of the declaration and the date and time of receipt.
Key Requirements for Businesses
The withdrawal function must be labelled “Vertrag widerrufen” (withdraw from contract) or use an equivalent, unambiguous wording. It must be prominently placed, easily accessible, and continuously available on the online user interface throughout the withdrawal period. Alternative labels such as “Hier widerrufen” (withdraw here) may be permissible, although “Vertrag widerrufen” remains the safest choice as it is explicitly mentioned in the legal text. The same applies to the wording for the confirmation function “Widerruf bestätigen” (confirm withdrawal).
Practical Issues
The legislative materials clarify that consumers shall generally not be required to register, log in, or download an application to access the withdrawal function, unless the contract itself could only be concluded through that specific channel. As a general rule, the withdrawal button should be visibly accessible on the business’s main website to ensure that guest orders can be withdrawn as easily as they were placed.
Legal Implications and Recommendations
Companies that sell products or services via online user interfaces – particularly in the B2C sector – should ensure that their online platforms comply with the new requirements by June 19, 2026. This includes implementing the withdrawal button, ensuring its visibility without requiring a login, and preparing the necessary confirmation and acknowledgment mechanisms.
A breach of the obligation to provide the withdrawal function will be classified as an infringement of consumer interests and thus as an administrative offence under Art. 246e Section 2(2) No. 14a of the Introductory Act to the German Civil Code (EGBGB). Violations may result in fines of up to four percent of annual turnover, provided the business generated at least EUR 1.25 million in turnover in the previous year.
Article published by SZA Schilling, Zutt & Anschütz
