mandatory withdrawal function Directive UE 2023/2673
New obligations - the withdrawal function
Directive 2023/2673, amending the rules on distance contracts, introduces a fundamental shift in the philosophy of online contracting, highly relevant for e-commerce. A key element of the new regulation is the easy-in, easy-out principle – the process of terminating a contract must be just as simple as entering into it.
Technical and visual parameters
According to the new guidelines, the withdrawal function must not be hidden within dense terms and conditions or deep within user account structures. It must meet three criteria:
Visibility
The function should be clearly labeled, e.g., as a button or link with the text 'Withdraw from contract here' or a similar, unambiguous phrase.
Constant availability
Throughout the entire period in which the consumer has the right to withdraw, the function must be easily findable (e.g., in the customer panel or directly on the service's homepage).
Directness
The mechanism must allow for the submission of a statement without the need for additional contact with customer service or writing separate emails.
Online statement submission process
Upon activating the withdrawal function, the trader may only require the consumer to provide the data necessary to identify the contract. The online form should enable:
- • Providing the first and last name.
- • Specifying the order number or the name of the service.
- • Sending the statement with one click.
Obligation to confirm receipt
The introduction of the button entails a new information obligation. As soon as the consumer uses the online function, the trader must immediately and automatically send an acknowledgment of receipt of such a statement on a durable medium (e.g., by email), specifying the date and time the notification was received.
Objective of the regulation
combating dark patterns
The new regulations aim to curb the practice of designing interfaces in a way that discourages users from canceling services. Directive 2023/2673 thus eliminates artificial barriers, such as the need to print forms, send registered letters, or hold long conversations with consultants, which until now has been a common practice in the digital and financial services sector.
Why were the new regulations introduced?
The introduction of Directive (EU) 2023/2673 is no coincidence – it is a response to the evolution of the digital market, where the process of concluding contracts became instantaneous, while terminating them often remained an ordeal.
Symmetry of actions
the easy-in, easy-out principle
The main foundation of the new regulations is to restore the balance between the trader and the consumer. The new law guarantees that:
Speed
Withdrawing from a contract must take the same amount of time as entering into it.
Intuitiveness
If a customer was able to purchase a product independently, they must be able to cancel it independently without additional instructions.
No barriers
So-called "unnecessary formal steps," such as the need for printing, scanning, or visiting a post office, are eliminated.
Education and transparency
The withdrawal function serves not only as a tool but also as an important educational message. In the world of distance selling, the consumer lacks the direct support of a seller who could explain legal complexities.
"The withdrawal button becomes a visual reminder of the right to cancel, bridging the information gap between the professional entity and the customer."
Protection in the digital environment
Unlike brick-and-mortar shopping, online consumers cannot physically touch a product or receive immediate explanations. Therefore, simplifying the cancellation procedure is crucial for building a secure e-commerce environment.
Broad scope of application
It should be noted that although the impulse for change came from the financial services sector, the Directive applies to all distance contracts. This means that whether you are selling clothing online or offering digital services, you must provide customers with a clear and visible online exit path.
New consumer
protection standards
online withdrawal function
Philosophy of change
combating 'Dark Patterns'
Elimination of roach motels
Ending designs that make it easy to 'get in' but nearly impossible to get out of a contract.
No guilt-tripping (confirmshaming)
Prohibition of manipulative language designed to make the consumer feel guilty for withdrawing.
Transparency over obfuscation
The withdrawal option must not be hidden in nested menus or small print.
Technical requirements
the button and its attributes
Standardized labeling
Must use clear wording such as "Withdraw from contract" or similar unambiguous phrasing.
Two-step maximum
A maximum of two clicks to initiate and confirm the withdrawal process.
Responsive accessibility
The function must be equally functional and visible on mobile, tablet and desktop environments.
Online form interface
Identity Verification
Must be automated using existing login session or simple email verification without requiring new accounts.
Contract Selection
Clear list of active contracts if the user has multiple services; checkbox selection required for precision.
Submission Timestamp
Automatic logging of the exact second of submission to protect legal withdrawal windows.
Final Confirmation
A clear modal or summary page before the final submission to prevent accidental clicks.
The entrepreneur is obliged to ensure that the withdrawal function is permanently available, visible, and easy to use. Failure to comply with these obligations may result not only in financial penalties, but also in an automatic extension of the statutory withdrawal period to 12 months.
— Art. 16a of Directive 2023/2673
Timeline for the implementation
of the Directive
Transposition into national law:
Obligation to apply:
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