Directive (EU) 2023/2673 amends the Consumer Rights Directive (2011/83/EU) by introducing a mandatory electronic withdrawal function for distance contracts concluded via online interfaces. These new rules will take effect on 19 June 2026, requiring traders to enable consumers to withdraw from contracts via a withdrawal function on their e-commerce websites.
The guiding concept is that consumers should be able to withdraw from a contract as easily as they can enter into one which is why the reform was made.
In practice, this means that the online interface used to conclude the contract must enable consumers to submit withdrawal notices electronically.
This obligation applies regardless of whether the contract is concluded via the trader’s own website or a third-party platform. In either case, the trader must ensure that an electronic withdrawal function is available to consumers and, where necessary, to oblige platform operators to enable it.
Specifically, the withdrawal function must comply with the following:
– it must be clearly displayed on the online interface;
– be easily accessible to consumers;
– be labelled with the words ‘withdraw from contract here’ or similar unambiguous wording;
– it must also remain available throughout the entire withdrawal period;
It is important to emphasize that these requirements apply to traders established in the EU who sell goods, services or digital content online to consumers, as well as to traders established outside the EU whose online activities are directed at EU consumers.
Consequently, many non-EU retailers targeting EU consumers will also need to assess whether their current online contracting processes align with the new standard.