The Withdrawal Button for Online Contracts

What the withdrawal button is and since when it applies

Since 19 June 2026, traders who conclude distance contracts with consumers through a website or app must offer a withdrawal button: an electronic function that lets consumers exercise their statutory right of withdrawal as easily as they placed the order. The obligation comes from Directive (EU) 2023/2673, which inserted a new Article 11a into the Consumer Rights Directive and required Member States to apply the new rules from 19 June 2026. Germany has transposed it in § 356a of the German Civil Code (BGB), headed "electronic withdrawal function for distance contracts".

The rule applies to sales of goods, services and digital content and, because the same directive repealed the Distance Marketing of Financial Services Directive, also to financial services concluded online.

The withdrawal button complements the cancellation button for subscriptions that German law introduced in 2022 (§ 312k BGB). Where the cancellation button concerns the termination of continuing contracts, the withdrawal button concerns the 14-day right of withdrawal from distance contracts under §§ 312g and 355 BGB. Many online shops therefore need both, and they must be designed so that consumers can tell them apart. The new function does not change when the right of withdrawal exists or how long it lasts; it changes how consumers can exercise it.

Legal requirements under § 356a BGB

Section 356a BGB follows the directive closely and sets out a two-step process with a receipt at the end. Its requirements can be summarised as follows:

The pre-contractual information must also tell the consumer that the withdrawal function exists and where it can be found, as the directive amended the information requirements of the Consumer Rights Directive accordingly. Traders should update their withdrawal notices and order confirmations so that they refer to the function as well as to the traditional channels of withdrawal by letter or e-mail, which remain available to consumers.

Designing a compliant withdrawal button

The statutory requirements leave room for design choices, but several points follow from the wording. The withdrawal button must be "continuously available" throughout the withdrawal period. A function that only appears after the consumer has logged into a customer account is risky, because not all consumers order with an account and the law requires easy access. Many traders therefore place a link in the footer of every page, comparable to the cancellation button, leading to a form where the consumer identifies the order, for example by order number and e-mail address.

The form may only ask for the information the law permits: name, details identifying the contract and the electronic address for the confirmation. Asking for reasons for the withdrawal, requiring the return of goods before the statement can be submitted, or inserting retention offers between the two steps is likely to be seen as an impermissible obstacle. Optional feedback questions can be placed after submission, provided they do not create the impression that the withdrawal depends on them. The labels must be clear and unambiguous; the safest course is to use the statutory wording in German, and an equivalent in other languages where the shop is multilingual.

Interaction with returns and refund processes

Many online retailers already run returns portals that generate return labels and handle refunds. The withdrawal button does not replace these processes, but it must work independently of them. A consumer who withdraws through the function has exercised the right of withdrawal, even if the goods have not yet been returned. The usual consequences then follow: the trader must refund payments, including standard delivery costs, within 14 days of receiving the withdrawal, but may withhold the refund until it has received the goods back or the consumer has supplied proof of dispatch (§ 357 BGB).

Traders should also align their internal systems. The acknowledgement under § 356a(4) BGB must be sent without undue delay and contain the content of the withdrawal statement and the date and time of receipt. That information is evidence in any later dispute about timeliness, because § 356a(5) BGB deems a withdrawal submitted through the function before expiry of the period to have been received in time. Customer service, warehouse and payment systems should be linked so that a withdrawal triggers the right steps automatically, including the return process for goods and the refund for services.

Scope and special cases

The withdrawal button applies to distance contracts concluded through an online interface, which includes websites, apps and other software interfaces. It does not apply where no right of withdrawal exists, for example for goods made to the consumer's specifications or perishable goods under § 312g(2) BGB, although traders should consider whether they want to explain this to consumers who look for the function. For contracts concluded by telephone or post, the rule does not apply, but if a trader offers both channels, the online interface must contain the function for online orders.

Marketplaces raise particular questions. Where a third-party seller concludes the contract with the consumer through a marketplace interface, the seller is the trader responsible for the function, but in practice only the marketplace operator controls the interface. Sellers should check how the marketplace implements the function and whether their contracts with the operator allocate responsibility. Financial services providers face additional complexities, because withdrawal periods and information requirements differ, and the function must reflect the specific product. Since the new function applies to financial services as well, banks, insurers and payment providers selling online also need to adapt their customer journeys.

Implementation steps for online traders

Most companies implemented the withdrawal function in the months before June 2026, but many implementations were built quickly and deserve a second look. A structured review should cover the legal, technical and organisational sides:

1. Inventory of interfaces: list every website, app, country shop and marketplace presence through which consumer contracts are concluded, including legacy shops and white-label solutions.
2. Placement: confirm that the function is reachable from every page during the withdrawal period, without log-in, and that it is visually distinct from the cancellation button for subscriptions.
3. Form content: limit mandatory fields to the information permitted by § 356a(2) BGB and allow partial withdrawal where an order contains several items.
4. Labels and texts: use the statutory wording for both buttons, and update the withdrawal notice, the pre-contractual information and the order confirmation to refer to the function.
5. Acknowledgement: generate an automatic e-mail containing the statement, date and time, and archive it in a way that can be retrieved in disputes.
6. Back-end processes: connect the function to returns, refunds and service termination, and monitor processing times so that the 14-day refund deadline is met.
7. Testing and monitoring: test regularly on all devices and after every release, and keep screenshots as evidence of compliance at a given date.

Companies with several brands or country shops benefit from a central component that is reused across shops, with only labels and legal texts localised. That reduces the risk that one shop falls out of step after a redesign.

Evidence, disputes and consumer communication

Disputes about withdrawals usually turn on timing and content: whether the consumer withdrew within the period, from which contract and with which consequences. The function helps both sides because it creates a structured, time-stamped record. Traders should therefore keep the log data generated by the function, including the time of submission and the content of the statement, for as long as claims can be raised under the regular limitation period of three years. Data protection law allows this storage as far as it is necessary to defend legal claims, but retention periods should be documented.

Communication with consumers also deserves attention. The acknowledgement is not the place for marketing, and messages that discourage consumers from pursuing their withdrawal could be considered an unfair commercial practice. On the other hand, clear information on the next steps, such as how to return goods and when to expect the refund, reduces enquiries and complaints. Customer service staff should be trained to recognise withdrawals made through other channels, such as e-mail, which remain effective in parallel.

Consequences of non-compliance with the withdrawal button rules

Unlike the order button, a missing withdrawal button does not prevent the contract from being concluded. The main risks lie elsewhere. Competitors and qualified associations can treat the absence or poor design of the withdrawal button as unfair competition and claim injunctions under the UWG; consumer associations can sue under the Injunctions Act (UKlaG). Defective information about the function may also affect the start of the withdrawal period, which under § 356(3) BGB depends on proper information about the right of withdrawal and can otherwise extend to twelve months and 14 days. Systematic infringements can attract the attention of consumer protection authorities in coordinated EU actions.

For businesses selling across the EU, the advantage of a harmonised rule is that one design can serve all Member States, subject to translation and national wording. Traders should nevertheless check national transposition, because Member States may specify details such as labels in their own languages.

How TRW & Co helps

We advise online retailers, subscription providers, marketplaces and financial services providers on the withdrawal button and on consumer law for online sales more broadly. We review customer journeys and returns processes, draft withdrawal notices, confirmation texts and standard terms, and coordinate implementation with IT and customer service teams. When competitors or associations send warning letters, we assess the claims and defend our clients. See our overview of consumer law for e-commerce and our work on commercial contracts and standard terms, digital platforms and retail and consumer goods. Please contact us to review your implementation. This briefing is general information and not legal advice.