‘Withdrawal button’ rule set to impact e-commerce in the EU

Under the Consumer Rights Directive, consumers already benefit from a 14-day right of withdrawal for distance contracts, allowing them to cancel a purchase without giving reasons. However, the implementation of amendments to that directive will take this one step further: platforms that conduct contracts via an online interface, such as a website or app, will be required to implement a dedicated “withdrawal function”.

Most EU countries, including the Netherlands, have already transposed the amended EU rules into national frameworks. The changes will take effect from Friday 19 June.

The new withdrawal function complements rather than replaces existing withdrawal methods, such as standard withdrawal forms.

What is required in practice?

The new obligation comes with specific functional and design requirements. The withdrawal button must be:

• easy to find – i.e. there can be no hidden links or complex navigation;
• clearly visible and prominently displayed;
• continuously available throughout the withdrawal period – at least 14 days;
• accessible without unnecessary steps – so platforms cannot oblige consumers to download an app if the purchase was made via a browser, for example.

The directive provides textual examples and states that a clearly labelled button in the user account or order overview with the text “Withdraw from contract here” is sufficient to meet the requirements.

User journey

The updated directive effectively standardises the user journey into a few steps.

First, the consumer must be able to easily locate a clearly labelled withdrawal button on the platform interface. Second, the consumer submits a clear statement of withdrawal, including any necessary contract details. Third, the consumer confirms the withdrawal via a clearly labelled “confirm withdrawal” button. Finally, once submitted, the platform must provide an acknowledgement of receipt.

Steps e-commerce platforms should take to ensure compliance

The introduction of the withdrawal button is more than just a user experience update and technical integration of a functional button into the platform’s interface. It may also require the updating of legal documentation, such as terms and conditions, withdrawal policies, or privacy notices, to reference the withdrawal function.

Non-compliance risks added scrutiny by supervisory authorities, which enjoy powers to issue fines. This risk is enhanced because of their pre-existing focus on consumer protection and dark patterns.