Which websites are affected
In addition to orders for goods, the obligation can also affect digital subscriptions and services concluded online. The prerequisite is that a distance contract with a consumer is concluded via an online interface and a statutory right of withdrawal exists.
A pure company website or a contact form for non-binding enquiries is not sufficient for this. Contracts concluded exclusively between businesses also do not fall under this consumer protection provision. Overview by the European Consumer Centre
Important for tourism and event offerings: for accommodation services and certain leisure offerings with a fixed date or period, there is regularly no statutory right of withdrawal. An online booking alone therefore does not yet give rise to an obligation to provide a withdrawal button. Whether the respective exception applies must be checked on the basis of the specific offering. Section 312g BGB
Financial services can also be affected. For insurance contracts, Section 8 VVG expressly refers to the electronic withdrawal function; the respective special provisions must be taken into account here. Section 8 VVG
How the withdrawal function must be structured
Section 356a BGB provides for a clear procedure:
- Entry point: a clearly legible button “Vertrag widerrufen” (withdraw from contract) or an equivalent unambiguous wording leads to the withdrawal function. It must be permanently available during the withdrawal period, prominently placed and easily accessible.
- Information: consumers provide or confirm their name, information identifying the contract or the relevant part of the contract, and an electronic contact channel for the confirmation of receipt.
- Sending: the declaration is transmitted via a further button “Widerruf bestätigen” (confirm withdrawal) or an equivalent unambiguous wording.
- Confirmation of receipt: a confirmation must then be transmitted without delay on a durable medium, for example by e-mail. It contains at least the content of the declaration as well as the date and time of its receipt.
The requirements in Section 356a BGB
Anyone who was able to conclude a contract without a customer account must also be able to use the function without an additional account. The confirmation of receipt documents the receipt of the declaration; it does not automatically confirm its legal validity. Other permissible ways of withdrawal remain possible. Notes from the European Consumer Centre
Withdrawal is not termination
The withdrawal button serves to exercise an existing right of withdrawal within the corresponding period. The termination button, on the other hand, concerns the ending of certain ongoing contracts. Depending on the offering, both functions may be required; they do not replace each other. Section 312k BGB
What companies should check
First, it should be clarified which contracts are concluded via the website or a connected booking platform and whether a right of withdrawal exists.
If a withdrawal function is required, the implementation includes not only the visible entry point but also the transmission, the confirmation of receipt and the internal assignment of the declaration. Withdrawal instructions and legal requirements should be coordinated with the legal advisers.
We support the technical implementation and integration into existing processes.
This article provides general orientation and does not replace legal advice.
