German implementation of Directive (EU) 2024/825 and Directive (EU) 2023/2673
In brief
On 19 June 2026 and 27 September 2026 amendments of the German consumer protection law implementing the Empowering Consumers Directive ((EU) 2024/825) and Directive (EU) 2023/2673 will enter into force (“German Consumer Law Amendment Act” – German Federal Law Gazette 2026, part 1, No. 28). Unlike the legislative changes we have seen in recent years focusing on digital products, services and distribution channels, the Empowering Consumers Directive introduces new requirements for online and offline consumer contracts. The German Consumer Law Amendment Act contains various amendments, including amendments to the German Civil Code and the German Introductory Act to the Civil Code. It particularly stipulates new information obligations vis-à-vis consumers for distance contracts and requires a withdrawal button for distance contracts with consumers concluded by means of an online interface – which is what the following is focused on (disregarding changes concerning financial services). In particular companies that operate a webshop need to adjust their online interfaces (website, app) and update their website documents (which may also require amendments to their standard business terms).
Information obligations vis-à-vis consumers
The German Consumer Law Amendment Act stipulates various revised and new information requirements vis-à-vis consumers in the German Introductory Act to the German Civil Code, in particular with respect to:
- the existence and placement of the withdrawal button, if applicable;
- where available, environmentally friendly delivery options;
- the existence of a statutory warranty right for goods and its key elements, including its minimum duration of two years, in a prominent manner using the harmonized notice set out in Annex I of Implementing Regulation (EU) 2025/1960 of 25 September 2025 (“Implementing Regulation”). Please note that this will not apply to digital content and digital services for which the existing rules continue to apply according to which a note regarding the existence of the statutory warranty right is sufficient;
- if the manufacturer grants to the consumer a durability guarantee without additional costs for the entire good and for more than two years, and provides such information to the trader, the fact that for the respective good such guarantee applies, its duration, and a reference to the existence of the statutory warranty right in a prominent manner using the harmonized labeling set out Annex II of Implementing Regulation;
- for goods with digital elements, digital content and digital services, the minimum period, expressed by a period or a specific date, for which the manufacturer or provider supplies software updates, if the manufacturer or provider informs the trader about this. Please note that this requirement will gain more importance once the Cyber Resilience Act enters into force obliging manufacturers of products with digital elements to state a specific support period in which updates will be provided;
- the repairability score of goods based on harmonized requirements established at the Union level, where applicable;
- under certain conditions, the availability, estimated costs, and procedure for ordering spare parts necessary to restore the goods to conformity with the contract, on the availability of repair and maintenance instructions, and on repair restrictions.
- The Implementing Regulation contains detailed requirements on the design and content of the notice and label. However, while size of the notice (at least A4) and how it can be provided is detailed for offline set-ups, it is unclear where and how the notice has to be provided in an online context (the law only requires that such shall be provided in “a prominent manner”).
- Furthermore, the German Consumer Law Amendment Act amends a text module of the model information on the right of withdrawal set out in the German Introductory Act to the Civil Code. Thus, companies that are obliged to implement a withdrawal button (for further details see below) also need to amend their information on the right to withdrawal.
For completeness’s sake, please note that the Empowering Consumers Directive will further be implemented in the German Act Against Unfair Competition which will cover the newly added prohibitions in the context of environmental and green claims as well as stricter rules concerning statements on durability, repairability and software updates (Third law to amend the Act Against Unfair Competition, Federal Law Gazette 2026, part 1, No. 43).
Withdrawal button
For German businesses providing subscription services that can be concluded online (other than financial services) the requirements for the new withdrawal button will sound strangely familiar as the Germany specific “termination button” (Sec. 312k German Civil Code) seems to have been the blueprint for the new withdrawal solution.
In addition to other existing means of withdrawal (such as the form introduced by the Consumer Rights Directive) the German Consumer Law Amendment Act introduces the requirement of a withdrawal button, where a company offers the possibility of concluding distance contracts by means of an online user interface, such as through a website or an app, including requirements on mechanisms and the set-up. In particular:
- Companies must ensure that the consumer can submit a notice of withdrawal on the company’s online user interface by using a withdrawal function (“withdrawal button”). The withdrawal button must be clearly labeled with “Vertrag widerrufen” (“Withdraw from the contract”) or another equally unambiguous wording. It must be permanently available on the online user interface throughout the withdrawal period, prominently placed, and easily accessible to the consumer.
- The withdrawal button must enable the consumer to submit a notice of withdrawal to the company and to readily provide or confirm certain information (e.g. name, details to identify the contract that the consumer wants to withdraw from) to the company in or with the notice of withdrawal. Once the consumer has provided or confirmed the respective information, the company must enable the consumer to transmit its notice of withdrawal and the information to the company via a confirmation function. This confirmation function must be clearly legible and labeled with “Widerruf bestätigen” (“confirm withdrawal”) or another equally unambiguous phrase.
- Once the consumer has activated the confirmation function, the company must without undue delay provide the consumer with a confirmation of receipt on a durable medium, which must include at least the content of the notice of withdrawal, as well as the date and time of its receipt.
- The withdrawal button requirement applies to distance contracts concluded via an online interface, i.e. not to distance contracts concluded via other distance communication means, i.e. via the phone or via email. It applies to distance contracts including distance contracts on goods, services and digital content. There are good arguments in our view that the withdrawal button obligation does not apply, if a right of withdrawal does not exist (which may be the case, e.g. if an exception pursuant to Sec. 312g (2) German Civil Code applies). However, the same likely does not apply to cases in which the withdrawal right elapses early, e.g., because the download of digital content provided without remuneration commences (Sec. 356(5) German Civil Code).
- While many larger online shops have already introduced digital solutions that allow for consumers to submit a notice of withdrawal in recent years, this change will likely affect them nevertheless as well as providers of (digital) services and digital products offered online.
It is yet to be seen how existing case law regarding the termination button will be applied to the withdrawal button (e.g., whether the button can be placed behind a log-in wall).
Recommended actions
Companies should use the remaining time before 19 June 2026 and 27 September 2026 to implement the new requirements where applicable if not done so already. Companies will in particular need to adjust their online interfaces and update their website documents (which may also require amendments to their standard business terms).
