What Directive (EU) 2023/2673 requires from the withdrawal function
One principle turned into obligations: withdrawing has to be as easy as ordering. Here is what the law asks for, building block by building block – and where each block tends to break.
The underlying idea
Anyone who can conclude a contract through an online interface should be able to withdraw from it through the same interface – without a phone call, without a letter, without hunting through the small print. Directive (EU) 2023/2673 prescribes an electronic withdrawal function for that purpose. It has applied since 19 June 2026.
The directive's own core subject is distance contracts for financial services. Several member states, however, transposed the withdrawal function horizontally – for all consumer contracts concluded online with a right of withdrawal. Germany and France did so expressly. That is why the practical question is rarely "does the directive cover my product" but "what does the law of the country I sell into say".
The building blocks of the function
1. The withdrawal option – the "button"
The function has to be clearly visible and permanently available and unambiguously labelled – "Withdraw from contract", or in France the example the decree itself names, "renoncer au contrat ici". Buried in submenus, or reachable only after login, it does not do its job: guest buyers have to be able to use it too.
2. The form
After the click, customers enter the details the law provides for the declaration – who is withdrawing and which contract is meant. The path may not demand more than that. Extra hurdles (mandatory registration, a compulsory reason) run against the purpose of the function. Giving a reason is expressly voluntary.
3. The confirmation step
The declaration is sent through a confirmation function, so customers can see that they are now withdrawing bindingly. France requires this two-step flow explicitly.
4. The acknowledgement of receipt
The trader acknowledges receipt without undue delay and on a durable medium (in practice: by e-mail) – with the content, date and time of the declaration. This is the block with the greatest room for error:
Receipt only, never validity. The acknowledgement establishes that the declaration arrived – not that the withdrawal is effective. Wordings such as "Your withdrawal has been accepted" can operate as an acknowledgement of the right, even where the deadline had long passed. The clean version is: "We confirm receipt of your declaration on … at …."
How three member states worded it
| Country | Provision | Applies since |
|---|---|---|
| Germany | § 356a BGB (Act of 05.02.2026, BGBl. 2026 I No. 28) | 19 June 2026 |
| France | art. L221-21 + D221-5 Code de la consommation (Ordonnance n° 2026-2, Décret n° 2026-3) | 19 June 2026 |
| Netherlands | art. 6:230oa BW (implementing act 36860, Senate 07.04.2026) | 19 June 2026 |
| Austria | § 13a FAGG (VerbRÄG 2026, BGBl. I No. 59/2026) | 1 October 2026 |
Austria is the outlier we are aware of: its obligation starts later. Selling from Austria into Germany or France does not buy you that extra time – what matters is the law of the consumer's country. The country-by-country overview lists all 27 member states.
What the provision does not govern
- The period: length and start of the withdrawal period sit in the Consumer Rights Directive and its national transpositions – the function changes nothing about them (details on calculating it).
- Validity: whether a particular withdrawal actually takes effect (deadline, grounds for exclusion) remains a separate question.
- Other withdrawal routes: an informal withdrawal by e-mail or letter stays permissible; the function is added on top.
Consequences of a breach
If the function is missing or defective, the exposure differs by country – administrative fines, competition-law warnings and a considerably extended withdrawal period. The article on penalties and enforcement sets them out.
Not legal advice. This article informs in general terms and with care, but does not replace a lawyer's review of your individual case.