§ 356a BGB: the new withdrawal button simply explained

With the new § 356a BGB, Germany fundamentally modernises the right of withdrawal in e-commerce. The provision obliges online shops to offer a digital withdrawal button. But what exactly does the law say? What does it mean for your shop? And how does it differ from the cancellation button? We explain it in plain terms. The duty is EU-wide: it stems from Directive (EU) 2023/2673, which adds Article 11a to the Consumer Rights Directive (2011/83/EU), and Germany’s § 356a BGB is its national transposition.

What exactly does the law say?

§ 356a BGB governs „withdrawal via a button on a website“. The core content:

• Traders must provide a clearly legible button on their website through which consumers can declare their withdrawal
• The button must be labelled „Withdraw from contract“ or with a „correspondingly unambiguous wording“
• After the click, the consumer must be taken to a confirmation page where they can provide the relevant details and confirm the withdrawal
• Confirmation is given via a further button: „Confirm withdrawal“
• The trader must acknowledge receipt of the withdrawal without undue delay (on a durable medium, i.e. by email)

Directive (EU) 2023/2673: the background

The new § 356a BGB transposes Directive (EU) 2023/2673 into German law. This directive amends the Consumer Rights Directive 2011/83/EU and supplements it with the right to a digital withdrawal mechanism.

Why did the EU adopt this directive?

• Strengthening consumer protection: until now, withdrawal was often cumbersome – by letter, email or awkward contact forms
• Digitalising the right of withdrawal: withdrawal should be as easy as the online purchase itself
• A uniform EU standard: the same rules for all member states, so that consumers enjoy the same rights across the EU
• The cancellation button as a model: the cancellation button introduced in Germany in 2022 was the success story that the EU has now applied to withdrawal

The transposition deadline for all EU member states ends on 19 June 2026. From this date, national rules must be in force.

The two-step process in detail

The law prescribes a clearly defined two-step process. Both steps are mandatory – it is not enough to offer just a simple button without a form.

Step 1: Initiate the withdrawal declaration

The consumer clicks the clearly visible button „Withdraw from contract“. This button must:

• Be reachable on every page of the shop (typically in the footer or as a fixed element)
• Be accessible without a login or registration
• Be clearly identifiable as a withdrawal option

Step 2: Confirm the withdrawal

After the click, a form opens (or a new page) where the consumer:

1. Provides their name
2. Provides a means of contact (email or phone) for the confirmation
3. May optionally provide an order number
4. Finalises the withdrawal by clicking „Confirm withdrawal“

After submission, the trader must acknowledge receipt without undue delay on a durable medium – in practice this means: automatically by email.

GDPR requirements: data minimisation

When implementing the withdrawal button, you must observe the principles of the GDPR, in particular the principle of data minimisation (Art. 5(1)(c) GDPR):

• Collect only necessary data: name and means of contact are mandatory, everything else is optional
• No withdrawal reasons as a mandatory field: you must not force the consumer to give a reason for the withdrawal
• Purpose limitation: the data collected may be used only for processing the withdrawal
• Deletion obligation: after the withdrawal has been processed, the data must be deleted (unless a statutory retention obligation applies)
• No cookies: the widget itself must not set tracking cookies

WiderrufButton is designed to be GDPR-compliant from the outset: hosting in Germany, no cookies, no third-party scripts, a data processing agreement (DPA) available.

Difference from the cancellation button (2022)

Since July 2022, Germany has already had the cancellation button (§ 312k BGB). Many confuse it with the new withdrawal button. The most important differences:

Important: if you already have a cancellation button, it does not replace the withdrawal button. The two have different functions and legal bases. Shops with subscription models may need both buttons.

A practical example: how it looks in the shop

Imagine a customer has ordered a pair of shoes in your online shop. Three days after receiving them, they decide to return the shoes. Here is how the process runs with a compliant withdrawal button:

1. The customer visits your shop and sees the button „Withdraw from contract“ in the footer
2. They click it – without having to log in
3. An overlay window opens with the withdrawal form
4. They enter their name, their email address and optionally the order number
5. They click „Confirm withdrawal“
6. They immediately receive an acknowledgement of receipt by email
7. As the shop operator, you are notified of the withdrawal in the dashboard

The whole process takes less than a minute. The customer has legal certainty, you have the documentation – everyone is satisfied.

Conclusion

§ 356a BGB brings the right of withdrawal into the digital age. The new withdrawal button is mandatory for all B2C online shops from 19 June 2026. The requirements are clear: a two-step process, no registration requirement, automatic email confirmation.

With WiderrufButton you can implement the legal requirements in just a few minutes – for any shop system, fully GDPR-compliant and always up to date with the latest legal position.