Pitfalls for E-Commerce – How the new EU withdrawal button (“Widerrufsbutton”) will affect online B2C contracts in Germany

A reform of EU consumer law introduces changes for e-commerce that businesses with B2C contracts in Germany must take a close look at, and adapt their systems to. From 19 June 2026, a new electronic withdrawal function (“Widerrufsbutton”) will be required for online B2C distance contracts under German law. The obligation applies across goods, services, digital content and financial services – and it interacts with two existing German “button-regimes” (“Bestell- and Kündigungsbutton”) in ways that merit careful attention. Notably, the new requirements apply equally to businesses established outside Germany, provided that their online B2C contracts are governed by German law.

Scope

Based on  Directive (EU) 2023/2673, the established Consumer Rights Directive now comprises a new Article 11a. It requires that “the trader (definition in Art. 2(2) Directive (EU) 2011/83) shall ensure that the consumer can also withdraw from the contract by using a withdrawal function”. Germany implemented Article 11a through a new Section 356a of the German Civil Code (“BGB”), complemented by an extension of the withdrawal function also to insurance distance contracts concluded via an online interface (Section 8(1) sentence 3 of the German Insurance Contract Act).

In particular, traders need to provide for a withdrawal function where a B2C distance contract (i) carries a statutory withdrawal right and (ii) is concluded via an online interface (“Online-Benutzeroberfläche”). Distance contracts concluded by telephone, e-mail or post are therefore not in scope. Where no statutory withdrawal right exists – e.g. bespoke goods, perishable goods or certain financial services – the function is not required. However, a mixed-portfolio online shop must still provide the function as long as at least some offerings are withdrawable.

Prominent display and permanent visibility

The function must be prominently displayed, easily accessible, continuously available throughout the withdrawal period, and labelled “Vertrag widerrufen” or an unambiguous equivalent. It must be reachable from every sub-page and visually distinguished from standard links. Requiring consumers to register as precondition for exercising their right of withdrawal is not permissible unless the contract itself necessitates a customer account. Still, neither the Directive nor Section 356a BGB require an HTML button; a clearly labelled link suffices.

The process for withdrawal is two-step. First, the consumer provides name, contract identification and an electronic address for confirmation (additional mandatory fields are impermissible). Second, the consumer submits the withdrawal via a separate confirmation function labelled “Widerruf bestätigen”. Upon submission, the trader must send an acknowledgement without undue delay on a durable medium, reproducing the declaration’s content, date and time. The acknowledgement must confirm receipt only, not the withdrawal’s legal effectiveness.

Although withdrawal periods remain individualised, a permanently visible function is considered sufficient for practical reasons. However, the withdrawal button does not extend statutory withdrawal periods. The regular 14-day period applies, extended by up to 12 months only where the trader has not properly informed the consumer of the right to withdraw. Only for financial services, this limit may not apply if the consumer was never informed about their right to withdraw.

Considering the above, traders need to review the content of their pre-contractual information given to consumers. In order not to risk the effective start of the withdrawal period, information must be aligned to the new standards.

Non-compliance risks and legal consequences

Failure to comply constitutes an “infringement of consumer interests” under Article 246e of the German Introductory Act to the Civil Code (EGBGB). Default fines can reach up to EUR 50,000; for traders with EU turnover exceeding EUR 1.25 million, the cap increases to 4% of turnover in the affected Member States (or EUR 2 million if turnover cannot be estimated). Beyond regulatory fines and extended withdrawal periods, non-compliance might also expose traders to the risk of cease-and-desist letters and injunctive actions.

Practical Steps

Businesses should immediately scrutinize their distribution channels and identify which channels qualify as online interfaces. It is important to note that even when a marketplace operator controls the interface, the legal obligation remains with the contracting trader. The coexistence of order, cancellation and withdrawal buttons demands clear differentiation of labels and flows. Dark patterns – burying the function in menus, overlaying it with pop-ups, coupling it with retention offers – risk challenge under the amended CRD and unfair commercial practices law. In addition, considerable effort should be spent on checking the validity of the withdrawal, as the permanent visibility of the option is expected to result in a large number of late withdrawals. 

Backend integration with order management, billing, and customer relationship management systems is essential, as is GDPR-compliant time-stamping and archiving. It is to be expected that formal implementation errors will be pursued shortly after 19 June 2026.