Starting in June 2026, online retailers will have to offer an electronic withdrawal function, known as the withdrawal button. The aim is to strengthen consumer rights. But what does this mean for businesses?
Withdrawal button: consumer-friendly innovation or new risk for businesses?
With the implementation of the amended EU Consumer Rights Directive 2023/2673, German lawmakers plan to introduce an electronic withdrawal function, according to a current draft bill. The draft was debated in the Bundestag on October 17 in its first reading and is now making its way through the parliamentary process.
In the future, consumers will be able to withdrawal contracts just as easily as they concluded them online – by clicking on a so-called withdrawal button.
What is being heralded as progress in digital consumer protection turns out, on closer inspection, to be a complex undertaking with numerous legal uncertainties for businesses.
The requirements for the design, placement, and technical implementation of the button are high – and the consequences of non-compliance are significant.
New obligation for all online providers
According to the draft law, a new Section 356a BGB is to be introduced.
Entrepreneurs who conclude distance contracts via an online user interface must provide an electronic withdrawal function. This must be easily legible, continously available throughout the withdrawald period, easily accessible, and prominently displayed on the online interface.
But what exactly do these requirements mean? Is a text link in the footer sufficient? Does it have to be a button? Does the function have to be displayed even if the withdrawal period has long since expired? Or would this even constitute misleading advertising that could result in a warning letter?
The legislator remains vague on this point – with considerable risks for business practice and competition.
If the withdrawal function is implemented incorrectly or inadequately, there is a risk of warnings from competitors and associations, fines and, under certain circumstances, an extension of the withdrawal period by up to twelve months and 14 days.
Technical implementation with legal pitfalls
The requirements go far beyond a simple “button.” Companies must also ensure, for example, that a confirmation of receipt is sent immediately and that the communication of the withdrawal can be documented in a traceable manner.
The distribution of the burden of proof is particularly problematic: the consumer must prove that they sent the revocation in good time – which can be difficult if the technical confirmation is delayed or does not take place at all.
More bureaucracy instead of real added value?
The aim of the reform is to offer consumers low-threshold access to revocation. However, it is doubtful whether this is really necessary. Consumers can already declare their withdrawal informally, for example by email, and the high return rates of online retailers show that consumers are well aware of how to declare their withdrawal.
Instead of a real simplification, this creates a considerable bureaucratic and technical burden for companies – especially since many providers have long since established customer-friendly return processes via their online shops.
The German government’s cost assumptions, according to which implementation will only cost around €240 per company, are therefore hardly realistic. In addition to technical implementation, there are legal reviews, legal advice, and adjustments to all information requirements.
Adjustment of the withdrawal policy
The introduction of the electronic withdrawal function will (of course) also result in an adjustment of the withdrawal policy. Once again, legal texts must be adapted and the changes closely monitored to ensure that no errors occur. This means that companies have a lot of work to do in the area of the right of withdrawal.
Need for action and outlook
The national regulations must come into force by December 19, 2025, and will apply from June 19, 2026, provided that implementation is completed on time. Companies should use the remaining time to adapt their systems in good time and examine the legal implications.
That’s still a long way off…
June 19, 2026 sounds like a long way off. However, since new functions will have to be established on the website and possibly even linked to customer accounts, the implementation is likely to involve a great deal of IT work. Adapting the legal texts is likely to be the least of the challenges.
The adjustments should therefore be planned into existing or new projects at an early stage.
Essay on details
Martin Rätze has described in detail in the journal Wettbewerb in Recht und Praxis WRP (Competition in Law and Practice) what effects the law introducing the withdrawal button will have in practice and which questions are still open.
You can download the essay here (in German only)
Conclusion
The electronic withdrawal function is coming, that much is certain. The draft law is now available. In terms of content, little to nothing is likely to change during the parliamentary process, so this can be used as a basis for fundamental preparation. However, the final details will only be known once the Bundestag has passed the law.
We would be happy to assist you in implementing the new legal requirements in your shop. Please feel free to contact us.
Update: List of currently responsible state authorities added
The Accessibility Enhancement Act (BFSG) will come into force on June 28, 2025. From this date onwards, various products and websites must be made accessible. There is currently a great deal of misunderstanding regarding the content of the “accessibility statement” that companies are required to provide. We explain the details.
Accessibility Enhancement Act – New obligations for companies
In our detailed article on the Accessibility Enhancement Act (BFSG), you can learn the basics, in particular who the law applies to.
We have also created a guide entitled “FAQ – Accessible Websites”, in which we explain the implementation of the BFSG from a technical perspective.
Accessibility statement in accordance with the BFSG
In addition to technical implementation, the BFSG also requires the provision of information in accordance with Annex 3 to the law. In recent weeks, the term “accessibility statement” has become established for this purpose.
This is somewhat unfortunate, as this term is actually already “reserved” for another statement, which leads to many misunderstandings in connection with the BFSG.
The BFSG requires service providers to
“have prepared the information in accordance with Annex 3, Number 1, and have made this information accessible to the general public in an accessible form; the provisions of the statutory order to be issued in accordance with Section 3, Paragraph 2, are decisive for making the information accessible.”
Annex to the BFSG: The accessibility statement
The law therefore refers exclusively to Annex 3, No. 1, which reads as follows:
The service provider shall indicate in its general terms and conditions or in another clearly perceptible manner how its service within the meaning of Section 1 (3) meets the accessibility requirements of the statutory order to be issued pursuant to Section 3 (2). The relevant information shall include a description of the applicable requirements and, insofar as relevant for the assessment, cover the design and implementation of the service.
In addition to the consumer information requirements under Article 246 of the Introductory Act to the Civil Code, the information shall, where applicable, include at least the following elements:
(a) a general description of the service in an accessible format;
(b) descriptions and explanations necessary for understanding the implementation of the service;
c) a description of how the service meets the relevant accessibility requirements listed in the statutory order to be issued pursuant to Section 3 (2);
d) the name of the competent market surveillance authority.
This requirement, which is relevant for the private sector, must be distinguished from the accessibility statement pursuant to Section 12b of the Disability Equality Act (BGG).
Accessibility statement in accordance with the Disability Equality Act
The BGG is a somewhat older law from 2002 that regulates the accessibility requirements that must be met by public authorities. These include, for example, federal administration offices.
The BGG does not apply to private companies.
Section 12b (1) BGG requires federal public authorities to publish an accessibility statement on their website.
The content of this statement is specified in Section 12b (2) BGG:
1. In the event that, in exceptional cases, the design is not completely accessible,
- the designation of the parts of the content that are not completely accessible,
- the reasons for the non-accessible design, and
- if applicable, a reference to accessible alternatives,
2. an immediately accessible, barrier-free option for contacting the agency electronically to report any remaining barriers and to request information on the implementation of accessibility,
3. a reference to the conciliation procedure pursuant to Section 16, which
- explains the possibility of conducting such a conciliation procedure and
- contains a link to the conciliation body.
Federal public authorities are therefore expressly obliged to identify non-accessible parts of the website content.
No listing of non-accessible parts according to BFSG
The information obligation under the BFSG does not include any obligation to list the non-accessible parts of the services (e.g., the website).
The explanatory memorandum to the BFSG expressly states:
This information to be provided by the service provider largely corresponds to the accessibility statement as provided for in Section 12b BGG. However, Directive (EU) 2019/882 does not require the service provider to also indicate in its information which parts of its service are not accessible and how the non-conformity is justified. This is not necessary because the service provider is fundamentally obliged to ensure complete accessibility.
Anyone who lists the non-accessible parts of their website in the declaration provides competitors, consumer centers, and qualified trade associations with a basis for warnings.
In addition, this publicly documents that one is violating the law and thus acting intentionally. This is likely to play a decisive role in the imposition of a possible fine.
Consequences of a non-accessible website
The law provides for several (simultaneous) obligations if the service does not comply with the requirements of the BFSG and the associated BFSGV:
- Prohibition of offering and providing the service (Section 14 (1) No. 1 BFSG)
- Taking the necessary corrective measures to ensure the conformity of the service (Section 14 (4) sentence 1 BFSG)
- Informing the market surveillance authority(ies) that the service does not meet the requirements of the BFSGV (Section 14 (4) sentence 2 BFSG)
The authority can then initiate a multi-stage procedure which, in the worst case, can lead to a ban on the provision of the service. In the case of websites, this means that the non-accessible parts of the website must be shut down.
In addition, fines may be imposed.
Who can help with the creation of the accessibility statement?
If you have your website managed by an agency, their support is essential for creating the accessibility statement in accordance with the BFSG. This does not mean that the agency provides legal advice, but rather that it clearly states the technical means by which accessibility has been achieved.
In addition, legal advice should always be sought when creating the statement. This is because, in addition to the technical requirements, the legal requirements for the information must also be met.
Since the statement must be created on a very individual basis, particularly with regard to the description of the service offered, the description that aids understanding of the service, and the specific technical implementation of the accessibility requirements, there are unlikely to be any suitable standard templates that can be used.
Ultimately, Appendix 3 to the BFSG is the “template” that must be completed by the company.
Where should the accessibility statement be placed?
Annex 3 to the BFSG stipulates that the information must be provided either in the general terms and conditions or “in another clearly noticeable manner.”
In our opinion, the specific information relating to the BFSG does not belong in the general terms and conditions. Instead, a separate page should be provided for this purpose and linked in the footer of the website.
Update: Competent market surveillance authorities under the BFSG
The federal states have concluded a state treaty to create a central market surveillance authority in Saxony-Anhalt. However, this state treaty has not yet been ratified by all federal states, so this authority has not yet been established.
Nevertheless, some federal states have appointed their own market surveillance authorities, which are responsible for the transitional period until the central authority for surveillance under the BFSG is established.
The following overview lists the market surveillance authorities of the federal states that we were able to identify based on publications in the respective law gazettes.
Overview
| State | Competent authority | Legal basis |
| Baden-Württemberg | No competent authority found | |
| Bavaria | For the administrative districts of Lower Franconia, Upper Franconia, Middle Franconia, and Upper Palatinate, the Trade Supervisory Office at the Government of Upper Franconia in Coburg is responsible. Authority name: Government of Upper Franconia – Trade Supervisory Office For the administrative districts of Swabia, Upper Bavaria, and Lower Bavaria, the Trade Supervisory Office at the Government of Lower Bavaria in Landshut is responsible. Authority name: Government of Lower Bavaria – Trade Supervisory Office | https://www.gewerbeaufsicht.bayern.de/marktueberwachung/bfsg.htm |
| Berlin | No competent authority found | |
| Brandenburg | No competent authority found | |
| Bremen | No competent authority found | |
| Hamburg | No competent authority found | |
| Hessen | Giessen Regional Council | Regulation on responsibilities under the Barrier-Free Accessibility Act (BFSGZV) |
| Mecklenburg-Western Pomerania | No responsible authority found | |
| Lower Saxony | No responsible authority found | |
| North Rhine-Westphalia | No responsible authority found | |
| Rhineland-Palatinate | Ministry responsible for social affairs | State ordinance on responsibilities under the Accessibility Enhancement Act |
| Saarland | Ministry of Labor, Social Affairs, Women, and Health | Ordinance on responsibilities for reviewing conformity of products and services under the Accessibility Enhancement Act |
| Saxony | Saxony State Directorate | Accessibility Enhancement Competence Regulation |
| Saxony-Anhalt | Saxony-Anhalt State Office for Consumer Protection | Regulation on competences under the Accessibility Enhancement Act |
| Schleswig-Holstein | Ministry responsible for social affairs | State regulation on the determination of the market surveillance authority under the Accessibility Enhancement Act (MübBFSGVO) |
| Thuringia | No competent authority found |
Name of the competent authority
Until the state treaty on the joint market surveillance authority enters into force, the market surveillance authority responsible for the respective federal state must be named in the accessibility statement.
Conclusion
From June 28, 2025, companies must not only comply with the basic accessibility requirements. They also provide the information specified in Annex 3 – for which already the term “accessibility statement” has become established.
It is important to ensure that this declaration does not put you in the “pillory” and publicly declare that you are not complying with the law.
We are happy to assist you in preparing your accessibility statement.
In a detailed article in the trade journal WRP, we have dealt in detail with the requirements for accessible websites. You can read the full text of the article here:
Accessible websites – An overview of the effects of the BFSG (in German)
On June 28, 2025, the Accessibility Enhancement Act (BFSG) will come into force, bringing with it numerous changes, particularly for website operators. The aim of the BFSG is to improve participation for people with disabilities and to implement EU Directive 2019/882.
Who does the law affect?
The BFSG is primarily aimed at companies in the B2C sector, in particular service providers in electronic commerce – which includes not only traditional online shops but also numerous other offerings on websites.
However, such service providers are exempt if they are micro-enterprises. This means that they have fewer than ten employees and an annual turnover or balance sheet total of no more than € 2 million.
Important: Even companies that are not directly covered by the BFSG – such as agencies or IT service providers that develop websites and other digital solutions for providers of B2C services – should be aware of the requirements of the BFSG and implement them in their services.
Their customers are obliged to offer accessible solutions. In order for these “suppliers” to remain competitive and meet the requirements of their clients, they too must design their products and services to be accessible.
Why accessibility is important
Accessible websites and services enable companies to tap into new target groups. It is not exclusively about people with disabilities, but also about older people or people with temporary limitations.
In addition, accessibility increases user-friendliness (UX) and strengthens a company’s image in the long term.
What are the requirements?
Websites must be clearly structured and should be compatible with screen readers and fully operable via keyboard. High contrast, alternative text for images, and accessible forms are also essential.
In addition, an accessibility statement must be published on the website—in an accessible format, of course.
Consequences of non-compliance
Companies that do not implement the requirements face fines of up to 100,000 Euro. The new market surveillance authority of the federal states for the accessibility of products and services, will be based in Magdeburg. It will be responsible for monitoring compliance.
In addition, warnings under competition law may be issued.
Our guide
We created in collaboration with Ria Weyprecht, owner and founder of the agency stolperfrei.digital, a guide. There you can finde advices how to make your website accessible.
In 2016, the EU Commission’s ODR platform for out-of-court dispute resolution was created. Since then, online companies have been required to provide a link to this platform on their websites. This resulted in a massive wave of warning letters. Now the good news: the platform – and with it the obligation to link to it – is being abolished. What does this mean for you?
Background
The ODR platform and the underlying ODR Regulation (Regulation 524/2013) are one of the pillars of an out-of-court dispute resolution system. The second pillar is the ADR Directive (Directive 2013/11/EU), which was promulgated on the same day.
The directive lays the groundwork for EU member states to establish national arbitration bodies that consumers can turn to when they have problems with a company.
These arbitration bodies are supposed to resolve disputes quickly, efficiently and cost-effectively (for the consumer), thus making court proceedings unnecessary. This directive remains in place.
The ODR platform is intended to offer consumers the opportunity to turn to an arbitration board in the event of cross-border problems. The ODR platform itself did not carry out any arbitration. It merely forwarded incoming complaints to the respective company or the respective competent national arbitration board.
Only 2% of all complaints submitted via the platform were even forwarded to a national conciliation body – which means 200 complaints per year.
The usefulness of this platform has been criticized from the outset.
Abolition of the ODR platform on July 20, 2025
Now the ODR platform will be abolished on July 20, 2025, as regulated by Regulation 2024/3228, published on December 30, 2024. In connection with this, the obligation for online businesses to link to this platform will also be eliminated.
Complaints will no longer be accepted after March 20, 2025
Article 2 (2) of Regulation 2024/3228 stipulates that complaints will no longer be accepted on the ODR platform after March 20, 2025.
From that date onwards, consumers will no longer be able to submit complaints.
The information requirement regarding the ODR platform will remain in place until July 20, 2025
However, online businesses will still be required to provide information regarding the ODR platform until July 20, 2025. However, this information requirement will no longer provide any added value after March 20, as consumers will no longer be able to use the platform after that date.
Depending on how companies currently fulfill their information obligation, this notice would have to be adapted. If the notice explicitly states that consumers can use the ODR platform to file a complaint, this information would be incorrect as of March 20.
As of July 20, 2025, the reference to the ODR platform should be removed from the website and from the terms and conditions (and all other places).
Note on participation in conciliation proceedings must continue to be given!
The information on the OS platform is to be distinguished from the information on whether the company is willing or obliged to participate in out-of-court dispute resolution in Germany. This information requirement arises from Section 36 German Verbraucherstreitbeilegungsgesetz (VSBG) and the ADR Directive mentioned above and remains in force!
Currently, the imprint and terms and conditions often contain texts like this on German Websites:
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.”
The first sentence must therefore be removed from July 20, 2025. However, the second sentence must remain! However, changes are also pending here. The Federal Ministry of Justice has had a draft bill [only in German] since October 2024, according to which this second information requirement is also to be largely abolished. However, due to the early parliamentary elections, it is questionable whether this change will still come about.
Consider terminating cease-and-desist declarations
In the early years of the ODR platform, there were numerous written warnings on this topic, for example because the platform was not referred to at all or the link was not clickable. As a result of these written warnings, many companies issued a cease-and-desist declaration. This obliges them – to put it simply – to link to the platform for all time.
Despite the abolition of the platform, the obligation under the cease-and-desist declaration continues to apply, as this is a contract.
Companies that have issued a cease-and-desist declaration on the subject should have it checked whether it can be terminated.
Conclusion
It is to be welcomed that the ODR platform is finally being abolished. This results in the following to-do list for online companies:
- Adjusting the imprint and terms and conditions
- Checking cease-and-desist declarations
If you have issued a cease-and-desist declaration, it is essential to check whether it can be terminated. We would be happy to support you in implementing these tasks.
Consumers can conclude contracts quickly and easily online. In future, this will also apply to exercising the right of withdrawal. The withdrawal button is being created for this purpose. The EU is setting new requirements for online stores.
In November, the new Directive (EU) 2023/2673 was published in the Official Journal of the EU. The core objective of this directive is to integrate the regulations on distance contracts for financial services into the Consumer Rights Directive.
However, it also adapts the general right of withdrawal. Consumers will have a new opportunity to exercise their right of withdrawal.
NEW WITHDRAWAL FUNCTION
A withdrawal function – as stated in the directive – will take consumers to a page where they can enter several details and then send their withdrawal.
The term “withdrawal button” has already become established in reference to the German cancelation button from Section 312k BGB.
PRECISE SPECIFICATIONS FOR LABELING
The withdrawal button must be labeled with the words “withdraw from contract here” or an unambiguous corresponding formulation in an easily legible way. The button with which the withdrawal statement is then sent must be labeled with the words “confirm withdrawal” or with an unambiguous corresponding formulation.
Once the consumer activates the confirmation function, the trader shall send to the consumer an acknowledgement of receipt of the withdrawal on a durable medium, including its content and the date and time of its submission, without undue delay.
NUMEROUS UNANSWERED QUESTIONS ABOUT THE REVOCATION BUTTON
When creating the new regulations, the EU legislator unfortunately opted for a very complex regulatory regime. As a result, there are still many unanswered questions about how the revocation button should be implemented in practice.
For example, it is unclear for which contracts the withdrawal button must be offered in future. What is certain is that the button does not have to be provided for orders received by post, fax or telephone. In online stores, however, it must be embedded.
But what about orders placed by email, WhatsApp or similar means of communication?
The new function must also be “prominently displayed” on the website. How exactly this is to be implemented will probably have to be clarified by the courts. Simply including a link in the list of links in the footer of the website next to “Imprint” and “Privacy policy” is unlikely to be sufficient.
If there also has to be a cancel button on the website and the consumer wants to withdrawal but accidentally uses the cancel function, the meaning of this statement will also have to be clarified. Can the function clearly labeled as cancellation be subsequently reinterpreted as withdrawal?
These and other questions are currently still unanswered. It is to be expected that a number of court cases will first have to be conducted after the introduction of the withdrawal button in order to create legal certainty for companies.
ADAPTATION OF THE WITHDRAWAL POLICY
In addition to the technical implementation in the online store, the information concerning the exercise of the right of withdrawal must also be adapted. The statutory model withdrawal policy will be amended for this purpose.
IMPLEMENTATION OF THE NEW REQUIREMENTS
The member states still have to transpose the requirements of the directive into national law. The new legal regulations must be enacted and published by December 19, 2025. These will then apply from June 19, 2026.
CONCLUSION
It remains to be seen how the memberstates will transpose the European requirements into national law. But there is still some time until then. We will keep you up to date.
We have presented the new regulations in detail for you on versandhandelsrecht.de (only in German).
