Mandatory “Withdrawal Button” upcoming in Germany: Key Implications for Online Sellers

As of 19 June 2026, a new mandatory "withdrawal button” (Widerrufsbutton) requirement will be introduced into German law through § 356a of the German Civil Code which the German legislator presented in its legislative draft (Referentenentwurf).

This provision implements EU Directive (EU) 2023/2673 and imposes new obligations on companies engaged in business-to-consumer (B2C) online sales. It will apply in addition to the existing obligation to provide a cancellation button for online subscriptions under § 312k of the German Civil Code as we previously outlined here and here.

Scope of Application

The new requirement will apply to distance contracts for goods, services, and financial services concluded via an online user interface. An online user interface is defined as software, including websites or parts thereof, as well as applications, including mobile apps. Contracts concluded outside an online user interface—such as by telephone, email correspondence, post, or in-store—are not subject to the withdrawal button requirement.

Core Requirements of § 356a German Civil Code (Draft)

1. Online platforms must display a clearly labelled “Vertrag widerrufen” (or equivalent wording) button prominently and ensure it remains constantly accessible to consumers throughout the entire withdrawal period. Notably, the button may not be hidden behind a login requirement.
2. Clicking the withdrawal button must navigate the consumer to a confirmation page where essential information must be provided, including: the consumer’s name, details to identify the contract (e.g., order number), and the consumer's preferred electronic communication channel for receipt confirmation. Requesting the reason for withdrawal as a mandatory field is not permitted, though an optional field may be included.
3. A second, clearly labelled button (e.g., “Widerruf bestätigen”) must be provided to enable consumers to formally submit their withdrawal declaration.
4. Sellers must promptly confirm receipt of the withdrawal declaration on a durable medium (e.g., email), including the content of the declaration and the precise date and time of receipt. The withdrawal becomes legally effective and is deemed timely once the consumer clicks the confirmation button, even before the seller issues receipt confirmation. When drafting the confirmation, sellers should avoid language that could suggest the substantive validity of the withdrawal has already been assessed (e.g., phrases such as "Your withdrawal is hereby confirmed").

These design requirements mirror the established “cancellation button” framework under § 312k BGB, extending the simplified user experience from subscription cancellations to contract withdrawals.

The draft also clarifies that a violation of the obligation to provide a withdrawal button constitutes an infringement of consumer interests and can thus qualify as an administrative offense (Art. 246e § 2(2) No. 14a Introductory Code to the German Civil Code (Draft)). For companies with annual turnover exceeding EUR 1.25 million, fines of up to four percent of annual turnover may be imposed; for smaller companies, the maximum fine is EUR 50,000. Enforcement is limited to coordinated actions by competent EU authorities under Art. 21 of Regulation (EU) 2017/2394. Additionally, non-compliance may constitute a competition law violation, as the provision qualifies as a market conduct rule, potentially exposing businesses to cease-and-desist claims and warnings from competitors.

Practical challenges

The draft, while conceptually clear, leaves several practical uncertainties. One challenge is the requirement for the withdrawal button to remain visible throughout the entire withdrawal period. Since the 14-day period only begins upon receipt of goods and varies for each customer, a user-specific display would require the shop system to track individual delivery dates—creating significant technical complexity. The draft explanatory memorandum addresses this by permitting a general display of the button regardless of individual withdrawal periods, though some legal commentators see a residual risk that permanent availability could be interpreted as a voluntary extension of withdrawal rights. 

Another open issue is the allocation of responsibility in platform-based contracts: while marketplace operators are typically responsible for technical implementation, sellers may remain liable for compliance. 

The draft also does not expressly regulate partial withdrawals, though the explanatory memorandum suggests sellers must accommodate these where applicable, potentially creating complications regarding shipping cost refunds and volume discounts. The withdrawal function must also be accessible to guest customers who did not create an account. 

Finally, the scope of consumer and contract data required to identify a withdrawal remains is subject to data minimisation requirements under the GDPR.

Given that the withdrawal button requirements and potential sanctions will take effect on 19 June 2026, businesses should conduct timely audits to identify how to implement the two-step user interface in their user journeys with proper button labeling.