The New Digital Withdrawal Function

Legislative Decree 209/2025 has transposed Directive (EU) 2023/2673, which amends Directive 2011/83/EU with regard to distance contracts for financial services and repeals Directive 2002/65/EC. The legislative intervention primarily amended the Italian Consumer Code while also coordinating the new provisions with existing regulations governing insurance, banking, and financial services (including the provisions of the Italian Consolidated Banking Act and the Italian Private Insurance Code).

The new rules will apply starting from 19 June 2026 and to contracts concluded after that date, thereby ensuring a transitional period to allow operators to adjust their systems and procedures.

Among the main innovations introduced by the decree, particular attention should be given to the new Article 54-bis of the Italian Consumer Code, which introduces the obligation to implement a digital withdrawal functionality for contracts concluded via an online interface (e.g., websites and apps). This tool is designed to simplify and make the exercise of this right more immediate for consumers.

Traders will therefore be required to provide a digital method that allows consumers to withdraw directly online, structured in a way that facilitates the entry of essential information such as the consumer’s name, identifying elements of the contract, and contact details for receiving confirmation of the withdrawal.

This withdrawal function must be clearly visible and easily accessible to consumers on a continuous basis throughout the withdrawal period, and must be marked in a clearly readable way with wording such as “withdraw from contract here” (or an equally clear equivalent). Once the consumer has completed the withdrawal declaration, a “confirm withdrawal” feature must also be provided.

After the consumer activates the confirmation function, the trader will be required to send, without undue delay, an acknowledgment of receipt of the withdrawal on a durable medium, including its content and the date and time of transmission.

The decree has also amended Article 49(1)(h) of the Italian Consumer Code, expanding the trader’s pre-contractual information obligations. The trader must now inform the consumer not only about the conditions, terms, and procedures for exercising the right of withdrawal, but also about the existence and location of the withdrawal function within the online interface.

The obligation to make available the other existing methods for exercising the right of withdrawal, such as the model withdrawal form in Annex I, Part B of the Italian Consumer Code, will remain in force.

In light of the new provisions, companies engaged in e-commerce activities will need to adjust their online interfaces, implementing digital withdrawal mechanisms that comply with the requirements set out in Article 54-bis. It will also be necessary to update pre-contractual information and general terms and conditions regarding the new withdrawal functionality.

Our professionals from the Retail & Consumer team are available to assist you in implementing the new withdrawal functionality and in updating the relevant consumer information and communications.