Since 19 June 2026, every business that concludes distance contracts with consumers online in Germany must offer a withdrawal button: a function labelled “withdraw from contract” (in German “Vertrag widerrufen”), a second step labelled “confirm withdrawal” and an immediate acknowledgement of receipt showing date and time. The legal basis is the new Section 356a of the German Civil Code (BGB), which transposes EU Directive 2023/2673. The rule also covers marketplace sellers and sellers in live auctions, because the exemption for auctions does not apply online.
As of 25 September 2026. Not legal advice, see the note at the end.
More on this topic: E-Commerce & Live Commerce, with background, practice and every article in one place.
What the EU Withdrawal Button Is and Since When It Has Been Mandatory
The withdrawal button is the reverse of the buy button. If a contract can be concluded in two clicks, it should be possible to withdraw from it in two clicks. Recital 37 of Directive (EU) 2023/2673 says almost exactly that: consumers should be able to withdraw “just as easily as they can conclude” a contract. The directive adds Article 11a to the Consumer Rights Directive. Its main subject is financial services sold at a distance, but the button applies to every distance contract with a right of withdrawal, so also to buying a trading card, a sweater or an online course.
Germany missed the transposition deadline of 19 December 2025. The act amending consumer contract and insurance contract law was signed on 3 February 2026 and promulgated in the Federal Law Gazette (Bundesgesetzblatt, BGBl.) on 5 February 2026. The part covering the button took effect on time with the EU application date, 19 June 2026. There is no transition period for existing shops.
Withdrawal Button Requirements Under Section 356a BGB
What the button has to do is set out in Section 356a BGB in five paragraphs. A further change in the Introductory Act to the Civil Code (EGBGB) affects the withdrawal notice that shops must give. The table lists the obligations with their legal reference.
| Obligation | What exactly is required | Legal basis |
|---|---|---|
| Scope | Distance contract concluded via an online interface, the consumer has a right of withdrawal | s. 356a (1) sentence 1, s. 312g (1) BGB |
| Label | Clearly legible “Vertrag widerrufen” (withdraw from contract) or an equivalent unambiguous wording | s. 356a (1) sentence 2 BGB |
| Placement | Continuously available for the whole withdrawal period, prominently placed, easy to access | s. 356a (1) sentence 3 BGB |
| Details | Name, details of the contract or part of the contract, contact channel for the acknowledgement, to be entered or confirmed without effort | s. 356a (2) nos. 1 to 3 BGB |
| Second step | Confirmation function “Widerruf bestätigen” (confirm withdrawal) or equivalent | s. 356a (3) BGB |
| Acknowledgement | Without undue delay on a durable medium, such as email, with the content of the statement and the date and time of receipt | s. 356a (4) BGB |
| Meeting the deadline | A withdrawal sent through the button before the period ends is on time | s. 356a (5) BGB |
| Withdrawal notice | Information on the existence and placement of the function, new model wording in design note 3 | Art. 246a s. 1 (2) sentence 1 no. 1 EGBGB, Annex 1 |
| Penalty | Fine for widespread infringements, up to 50,000 euros or up to 4 percent of annual turnover | Art. 246e s. 1 (2) no. 14a, s. 2 EGBGB |
Two points are easy to miss when rebuilding the checkout. First, the customer may withdraw from part of a contract, so for a combined order the button must be able to offer each individual item. Second, under recital 37 of the directive, a customer who is logged in should not have to type in their details again. A form that asks for the order number while the order is displayed in the customer account meets the wording but misses the purpose.
Who the Withdrawal Button Applies To: Shops, Marketplace Sellers, Apps
The withdrawal button applies to every business that concludes contracts with consumers through a website or an app where the consumer has a right of withdrawal. Unlike Germany's cancellation button for subscriptions under Section 312k BGB, it is not limited to ongoing contracts and has no exemption for financial services. It does not affect sales between private individuals, because no right of withdrawal exists there.
Marketplaces are the tricky part. The law says the business “has to ensure” that the consumer can withdraw. That means the seller, not the platform operator. Anyone selling on Amazon, eBay, TikTok Shop or a live shopping app is therefore responsible for an interface they did not build. They have to check whether the platform offers the function and, if necessary, demand it by contract. For apps, the directive draws a clear line: someone who bought in a browser must not be forced to download an app to withdraw.
The Withdrawal Function and the Withdrawal Period: What a Mistake Costs
A missing button does not automatically extend the withdrawal period. An incomplete withdrawal notice can. Under Section 356 (3) BGB, the period only starts once the business has given the information required by Art. 246a s. 1 (2) sentence 1 no. 1 EGBGB. Since 19 June 2026, exactly that provision also requires information on the existence and placement of the withdrawal function. A business that has not updated its notice risks, on the wording of the law, that the period never starts. The right of withdrawal then only expires twelve months and 14 days after the goods were received.
| Example: goods received on Tuesday, 20 Oct 2026 | Calculation | Last day to withdraw |
|---|---|---|
| Correct notice, including the button | 14 days from the following day (s. 355 (2), s. 356 (2) no. 1 a BGB) | Tuesday, 3 Nov 2026 |
| Notice without the mandatory reference | 12 months plus 14 days (s. 356 (4) sentence 1 BGB) | Wednesday, 3 Nov 2027 |
So 14 days turn into 379 days during which a customer can return a card whose market price has long since moved. For trading cards, that is the most expensive risk, more expensive than any fine.
The fine itself is largely theoretical for small sellers. Art. 246e s. 2 EGBGB allows up to 50,000 euros, and up to 4 percent of turnover for businesses with more than 1.25 million euros in annual turnover. But the Federal Office of Justice may only impose it within a coordinated EU enforcement action by consumer protection authorities against widespread infringements. Warning letters (Abmahnungen) are the more realistic threat: in Germany, competitors and associations can send a formal cease-and-desist letter with costs. I expect missing or wrongly labelled buttons to be pursued as a breach of a market conduct rule under Section 3a of the Unfair Competition Act (UWG) as soon as they can be searched for automatically.
The Withdrawal Button for Trading Cards and Live Auctions
In live auctions, the withdrawal button applies just as it does in a shop, because the auction exemption does not work online. Section 312g (2) no. 10 BGB only exempts “publicly accessible auctions” where consumers are present in person or have the option to be. Recital 24 of the Consumer Rights Directive states explicitly that online platforms used for auctions are not covered. Germany's Federal Court of Justice (BGH) had already ruled in 2004, in an eBay case, that internet auctions by commercial sellers can be withdrawn from (VIII ZR 375/03).
For live commerce, this means: a commercial seller who auctions a card in a stream concludes a distance contract, the buyer can withdraw for 14 days, and the app needs the button for that. The speed of the format changes nothing. How the platforms in this market differ is covered in Live Shopping for Trading Cards.
Implementing the Withdrawal Button: My View as a Live Commerce Operator
I am building SLABHIT, a live commerce platform for trading cards, so the question is not abstract for me. In my view, the button belongs in the order overview of each individual auction, not on a help page. A buyer who wins five lots in one evening must be able to withdraw from each one separately, and the confirmation email with its timestamp is also the evidence the seller needs in a dispute. How we set up the auction formats is described in the post on the SLABHIT launch.
I would check three things in this order: the withdrawal notice against the new design note 3, because the period depends on it; the button itself with both labels and the automatic acknowledgement; and, on marketplaces, a written commitment from the operator. Anyone already reworking the checkout because of Germany's Accessibility Act should build the button in the same pass. More on online retail is collected under E-Commerce and Live Commerce.
Frequently Asked Questions
When did the withdrawal button become mandatory in Germany?
On 19 June 2026. Section 356a BGB took effect that day, introduced by the act of 3 February 2026 (BGBl. 2026 I no. 28). There is no transition period for existing online shops.
How must the withdrawal button be labelled?
The first step with “Vertrag widerrufen” (withdraw from contract), the second with “Widerruf bestätigen” (confirm withdrawal), or with an equivalent unambiguous wording in each case. Both must be clearly legible.
Do Amazon or eBay sellers need their own withdrawal button?
The obligation lies with the seller, not the platform. The seller has to ensure the function exists on the interface the customer bought through, and can only achieve that via the operator.
Is there a right of withdrawal for online auctions?
Yes, when a business sells to a consumer. The auction exemption in Section 312g (2) no. 10 BGB requires that bidders can be present in person. Under the EU directive, online platforms are expressly not covered.
What happens if the withdrawal button is missing?
Possible consequences are warning letters under the Unfair Competition Act and, for widespread infringements, fines of up to 50,000 euros or 4 percent of turnover. If the withdrawal notice also lacks the reference, the right of withdrawal can extend to up to twelve months and 14 days.
Do private sellers have to offer a withdrawal button?
No. There is no statutory right of withdrawal between private individuals, so Section 356a BGB does not apply. Anyone who sells regularly and systematically may, however, count as a business.
Note: This article is not legal advice. It describes the legal situation in Germany as of 25 September 2026 and simplifies: special cases such as financial services, insurance and digital content are left out, and there is no case law yet on Section 356a BGB regarding when the period starts if the notice is incomplete. For your own shop, the withdrawal notice and checkout belong with a lawyer specialising in IT or competition law.
Best,
Dennis Weidner
Note: AI tools supported me in writing this article, and some images were edited with AI. I stand behind its content and every statement with my name.
