Received a warning letter over the withdrawal button — what to do?

Have you received a letter from a lawyer – alleging that your online shop does not meet the requirements for the withdrawal button? Don’t panic. This article shows you what such a warning letter means, which deadlines apply, what costs you should expect and how to protect yourself against future warning letters.

How likely is a warning letter over the withdrawal button?

19 June 2026 marks the entry into force of the new withdrawal-button obligation (in Germany § 356a BGB). Since that day, B2C online shops within its scope are required to provide a two-step withdrawal button. It is an easily verifiable obligation – a single look at the shop is enough – so a breach can be documented quickly.

Important for a realistic assessment: so far no warning letter over a missing withdrawal button has been documented. There is no evidence of a wave. What we do know is the earlier example of the cancellation button under § 312k BGB, mandatory since 1 July 2022, which did lead to warning letters in the first months after it took effect. Whether the same happens for the withdrawal button remains to be seen.

On top of this: since the 2021 reform of German unfair-competition law (UWG), warning letters from competitors have become harder to issue. Qualified associations and the competition watchdog remain entitled to issue warnings.

First steps after receiving a warning letter

You should take the following three steps within the first 24 hours of receiving the warning letter.

1. Don’t panic – but don’t be reckless either

Never sign the enclosed cease-and-desist declaration without review. Such declarations are often too broadly worded and can trigger a substantial contractual penalty for every renewed breach. But do not ignore the warning letter either – that almost always leads to an interim injunction with additional costs.

2. Note the deadline and consult a lawyer

The deadline set (usually 3 to 10 days) is as a rule tight. Note the deadline immediately in your calendar and contact a lawyer specialising in competition law within 48 hours. In Germany, the initial consultation is capped at a maximum of €190 net under the lawyers’ fees act (RVG) and is worthwhile in almost every case.

3. Check your shop technically

In parallel, check whether the breach described in the warning letter actually exists. Is the withdrawal button present? Is it correctly labelled („Withdraw from contract“ in step 1, „Confirm withdrawal“ in step 2)? Does the automatic acknowledgement of receipt by email work? Document the current state with screenshots – ideally with a visible date in the browser.

In parallel, you should remedy the breach without delay. Every additional day on which your shop is not compliant increases the risk of a second warning letter from another association. A compliant withdrawal button is ready to use in under five minutes – there is no reason to wait for the lawyer’s response before implementing the technical fix. After remedying it, take another screenshot with a timestamp and store it together with the warning letter in your compliance folder.

What does a warning letter cost?

The cost of an unfair-competition warning letter consists of the lawyer’s fees that the warning party claims from you. These are based on the so-called value in dispute, which for breaches of information obligations is typically set between €7,500 and €25,000. The more serious the court rates the breach and the larger your shop, the higher the value in dispute.

• Simple warning (value in dispute €7,500): approx. €500–800 in lawyer’s fees
• Medium warning (value in dispute €15,000): approx. €900–1,200
• Serious warning (value in dispute €25,000): approx. €1,200–2,000
• Plus your own lawyer’s fees: another €500–1,500 for the defence

For comparison: a whole year of WiderrufButton on the Pro plan costs less than the lawyer’s fees of a single simple warning letter. And while the warning letter only concerns the current breach, a clean technical implementation removes the underlying cause.

One point that is often reported imprecisely: § 356a BGB itself does not contain an administrative-fine provision – but Art. 246e § 1 Abs. 2 Nr. 14a EGBGB names the missing withdrawal function expressly, with a ceiling of €50,000. Only the Federal Office of Justice may impose that fine, and only within a coordinated European enforcement action (Art. 246e § 5 EGBGB). For an individual shop the realistic cost risk therefore lies in competition law – for the comparable cancellation button (§ 312k BGB), no official fine has become known since 2022.

Who is entitled to issue warning letters?

Under German unfair-competition law (UWG), those entitled to issue warning letters are: competitors (i.e. other online shops in the same sector), qualified industry associations, the central office for combating unfair competition (Wettbewerbszentrale) and qualified consumer associations such as the vzbv. Since the 2021 UWG reform, the requirements for competitor warning letters have been tightened – pure warning-letter firms without a genuine competitive connection have a harder time today.

In practice this means: most warning letters will in future be issued by the large associations. They often send their letters in standardised form and simultaneously to hundreds of shops. If you receive such a letter, you are very likely not alone – and the warning firm can prepare for efficient processing.

What a warning letter typically looks like

An unfair-competition warning letter usually contains four elements: a description of the facts with a screenshot of the alleged breach, a legal assessment (usually with reference to § 356a BGB and German unfair-competition law), a pre-formulated cease-and-desist declaration, and a claim for the lawyer’s fees. Reputable warning parties also enclose a power of attorney from the principals and point out the option of a modified cease-and-desist declaration.

The deadlines are typically short: 3 to 7 days for submitting the cease-and-desist declaration, 10 to 14 days for payment. These deadlines are not legally binding, but failure to meet them risks an interim injunction – which causes considerably higher costs. Going to court additionally brings court fees and further lawyer’s fees, and in an unfavourable case can result in enforcement proceedings.

Pay particular attention to warning signs of dubious warning letters: excessive values in dispute, a missing power of attorney, references to flat-rate settlement offers, or unusually short deadlines under three days. Such letters are becoming rarer, but they do occur from time to time, especially with newly introduced obligations such as the withdrawal button. A lawyer specialising in competition law spots such patterns quickly.

How to protect yourself against future warning letters

The best protection is a clean technical implementation. You should tackle the following points:

1. Install the withdrawal button without delay: the obligation has applied since 19 June 2026
2. Check the correct labelling: „Withdraw from contract“ and „Confirm withdrawal“ – no creative custom text
3. Automatic email confirmation activated: mandatory (in Germany under § 356a BGB)
4. Keep documentation: retain screenshots and timestamps of the correct implementation
5. Keep updates active: legal changes must land in your shop automatically
6. DPA with the widget provider: for the case where a consumer or a supervisory authority asks

You can find more background on the new obligation in our guide Withdrawal Button Obligation 2026. On the WiderrufButton home page you can also see a live demo of the two-step process.

Conclusion

A warning letter over the withdrawal button can cost €500 to €2,000 – per case. An official fine is legally possible (Art. 246e § 1 Abs. 2 Nr. 14a EGBGB, up to €50,000), but it is reserved for coordinated European enforcement actions and is therefore not the practical risk for an individual shop. The good news: a clean technical implementation removes the cause. Since the obligation has applied since 19 June 2026, it is worth checking your shop now.

If you have already received a warning letter, follow our three-step checklist: stay calm, involve a lawyer, fix your shop technically. The combination of a quick technical response and legal advice leads in most cases to a modified cease-and-desist declaration and a reasonable settlement. If you have not received a warning letter, now is the right time to check your shop and install the withdrawal button properly, so that you still have time for corrections if anything is unclear.