An online contract is usually concluded with just a few clicks: product in the shopping cart, enter address and payment details and "order with obligation to pay".
Reversing the contract through withdrawal, by contrast, was often far less smooth – sometimes via email, sometimes via contact forms, somewhere in the customer account or in a PDF withdrawal notice.
This is now (largely) at an end: the Act amending consumer contract law and insurance contract law as well as treatment contract law (Federal Law Gazette I 2026 No. 28) introduces the new § 356a BGB. It obliges businesses to provide a clearly findable, standardised electronic withdrawal function for distance contracts concluded online – the "withdrawal button".
Quick overview
- From when? 19 June 2026
- For whom? For B2C distance contracts concluded via an online user interface (website/app)
- What is required? A two-step withdrawal process ("Withdraw contract" → "Confirm withdrawal") plus immediate acknowledgement of receipt with timestamp
What is new? The electronic withdrawal function under § 356a BGB
§ 356a BGB regulates an "electronic withdrawal function for distance contracts" – specifically whenever the contract was concluded via an online user interface. In concrete terms: if a consumer concludes a contract online via a website or app, the business must also enable the consumer to withdraw the contract in that same place.
The obligation to provide a means of withdrawal already existed in law – but its implementation was not uniformly regulated. In practice, withdrawal was often handled via email, contact forms, model withdrawal forms or non-standardised customer account workflows. § 356a BGB now addresses this in considerably more concrete terms – with binding interface requirements.
What does the legislator require?
The "how" – always visible, available and easily accessible
The withdrawal function must be clearly legible and labelled "Withdraw contract" or another equally unambiguous formulation. During the withdrawal period it must be
- permanently available,
- prominently placed and
- easily accessible
on the online interface.
Withdrawal process: two-step procedure
The withdrawal process is two-step:
Step 1: "Withdraw contract"
The withdrawal function must enable the consumer to submit the withdrawal declaration without unnecessary detours, by making available the following information that the consumer can confirm "without further ado":
- Name of the consumer
- Identification of the contract or part of the contract (e.g. order number)
- Electronic means of communication for the acknowledgement of receipt (typically: email)
Step 2: "Confirm withdrawal"
Once the information has been provided and confirmed, the business must offer a confirmation function through which the consumer finally transmits the withdrawal and their details.
This two-step process is designed not only to speed up and simplify the withdrawal process, but also to create clarity and traceability – and to prevent consumers from withdrawing "accidentally" or businesses from hiding the withdrawal option in unclear forms.
Immediate acknowledgement of receipt with timestamp
After activation of the confirmation function, an acknowledgement of receipt must be transmitted without delay on a durable medium (in practice by email). The confirmation must contain at minimum:
- Content of the withdrawal declaration (including the details) and
- Date and time of receipt
This gives consumers evidence-proof proof with a timestamp.
Favourable deadline rule for consumers
Particularly relevant in practice: a withdrawal is deemed to have been received in time if the consumer sent it before the deadline expired via the withdrawal function.
Compliance advantages beyond consumer protection?
The purpose of the new § 356a BGB is to enable the effective exercise of the right of withdrawal. Practices that hinder withdrawal through findability barriers or unnecessary process friction are to be structurally prevented.
The regulation initially involves implementation effort (UX, development, legal texts, documentation processes). At the same time it can bring compliance advantages:
- Less room for interpretation through standardisation
- Fewer receipt disputes with clean documentation
- Competitive levelling, because all providers must meet the same minimum standard
From summer 2026, many industries will be checking not only whether a withdrawal notice is present, but whether the legally prescribed online flow is actually being complied with.
Would you like to know whether your shop meets the requirements of § 356a BGB?
Schedule free initial consultation now
FAQ
Does § 356a BGB also apply to apps?
Yes, an online user interface also includes applications, including mobile apps.
Does every online shop need to integrate a withdrawal button?
Only where a statutory right of withdrawal exists. If the right of withdrawal is exceptionally excluded (e.g. in certain cases under § 312g BGB), the obligation does not apply.
What must be included in the confirmation?
At minimum the content of the withdrawal declaration (including details) as well as date and time of receipt – and this must be provided without delay on a durable medium.
Why is the deadline rule so important?
Because timely "sending" via the withdrawal function is sufficient: the withdrawal is then deemed to have been received in time.
Is this the same as the cancellation button?
No. Withdrawal (usually 14 days, reversal of contract) and cancellation (termination of an ongoing obligation) are different instruments.