New mandatory withdrawal button for B2C webshops

Directive (EU) 2023/2673 of the European Parliament and of the Council of 22 November 2023 introduces, for the first time at EU level, prescriptive requirements governing the manner in which the right of withdrawal must be presented and exercised on online interfaces. Webshop operators selling products or services to consumers under distance contracts are now required to integrate a dedicated withdrawal function into their website, implement a standardised two-step withdrawal process, and update their pre-contractual information. With the deadline of 19 June 2026 fast approaching, companies must act promptly to review and adapt their online interfaces and internal withdrawal procedures to meet the new requirements.

Mandatory withdrawal button

The Directive's most significant innovation is the introduction of a mandatory withdrawal button: a dedicated, clearly labelled, and continuously available withdrawal function that companies must build into their online interface. 

The withdrawal function must be labelled with the words "withdraw from contract here" or an unambiguous corresponding formulation in an easily legible way. It must be continuously available throughout the withdrawal period, prominently displayed on the online interface, and easily accessible to the consumer.

This obligation applies to all distance contracts concluded via an online interface, both to financial and other services where EU-law provides for a right of withdrawal.

Two-step withdrawal process

The withdrawal function must enable the consumer to send an online withdrawal statement informing the company of the decision to withdraw, including (a) the consumer's name; (b) details identifying the contract from which they wish to withdraw; and (c) details of the electronic means by which the confirmation of withdrawal will be sent. Once the consumer has completed the online withdrawal statement, the company must enable the consumer to submit it bymeans of a confirmation function, labelled "confirm withdrawal" or an unambiguous equivalent. This two-step mechanism is designed to avoid unintentional withdrawal.

Acknowledgement of receipt

Once the consumer activates the confirmation function, the company must send 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.

Changes to the required pre-contractual information and the model withdrawal form

Article 6(1)(h) of Directive 2011/83/EU is amended to require that pre-contractual information now includes, where applicable, information about the existence and placement of the withdrawal function. In addition, the Model Withdrawal Form Instructions in Annex I are updated to include a reference to the availability of the online withdrawal function and the acknowledgement of receipt.

Period to withdraw

The time periods to withdraw from distance contracts remain unchanged in the Directive.  

• For distance contracts covering financial services, the withdrawal period is 14 calendar days, extended to 30 calendar days in the case of personal pension operations. This period begins either on the day the contract is concluded or on the day the consumer receives the contractual terms and conditions together with the required pre-contractual information, whichever is the later. Where a consumer has not yet received those documents, the withdrawal period will expire at the latest 12 months and 14 calendar days after the conclusion of the distance contract. Importantly, this backstop does not apply where the consumer has not been informed of the right of withdrawal at all; in that case, the withdrawal period does not expire.
• For distance contracts for other products or services, the consumer is entitled to a withdrawal period of 14 calendar days, without being required to give any reason. This period runs from the day on which the consumer acquires physical possession of the goods or, in the case of a service contract, from the day the contract is concluded. Should the trader fail to provide the consumer with the required information on the right of withdrawal, the withdrawal period is automatically extended by 12 months from the expiry of the initial 14-day period. If the trader subsequently provides that information within those 12 additional months, the withdrawal period will expire 14 days after the consumer receives it.

Exceptions 

The familiar exceptions to the right of withdrawal, such as personalised goods or goods with a limited shelf life, continue to apply. But if a webshop also sells any products or services for which a right of withdrawal exists, the new function is mandatory in its interface.

Situation in Belgium

Belgium has not yet transposed Directive 2023/2673. In Belgium, the Code of Economic Law will need amending. The Belgian Data Protection Authority has already published its advice on the implementing act, amending Article VI.61/1 of the Code of Economic Law, but the draft itself has not yet been made public. This means that Belgian companies, whilst having had sight of the DPA's advisory opinion, are still awaiting a finalised legislative text transposing the withdrawal function obligation and the other requirements of the Directive into national law. Given that the application date of 19 June 2026 is approaching, this creates practical uncertainty for companies active in the Belgian market.

What neighbouring countries are doing

France and Germany have transposed the Directive faithfully and within the deadline, with both transpositions becoming applicable on 19 June 2026.

Germany transposed the Directive through a single, comprehensive statute. In the German transposition, failure to comply may result in fines of up to €50,000 for companies, or up to 4% of annual turnover for companies with annual turnover exceeding €1.25 million.

France transposed the Directive by Ordinance No. 2026-2 of 5 January 2026, with the detailed modalities further specified by a Decree. Failure to comply with the obligation to implement a compliant online withdrawal feature may result in an administrative fine of a maximum amount of €75,000 for legal persons.

The sanctions already enacted in our neighbouring countries are a clear signal of the seriousness with which regulators are approaching enforcement. It remains to be seen what sanctioning regime Belgium will introduce when it transposes the Directive. We are closely following up on any developments in this regard. 

Companies that wait for the Belgian transposition text before taking action risk running out of time to implement the necessary technical and contractual changes before the 19 June 2026 application date.