The withdrawal button is coming – German draft law is ready

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.