Notice: This article is informational and does not constitute legal advice. For a legally binding assessment, please consult a licensed attorney.
TL;DR
- From 19 June 2026, the withdrawal button under § 356a BGB is legally mandatory for all German B2C online stores.
- Legal basis: EU Directive 2023/2673, implemented in Germany's Withdrawal Button Act (published in BGBl. 2026 I No. 28).
- Applies to: all businesses concluding contracts with consumers via an online user interface — regardless of size, revenue, or legal form. Pure B2B stores are exempt.
- Consequences of non-compliance: cease-and-desist warnings by competitors and consumer protection associations, fines (per legal experts up to €50,000 or 4 % of annual revenue), withdrawal deadline extended to 12 months + 14 days.
- Important: The withdrawal button (§ 356a BGB) is not the cancellation button (§ 312k BGB). A combined button for both is legally not permitted.
The legal status
On 3 September 2025 the German government passed the draft law introducing the withdrawal button (BMJ press release 47/2025). Legal basis is EU Directive 2023/2673, extending the Consumer Rights Directive 2011/83/EU with a transposition deadline of 19 December 2025.
The law was published in the Federal Law Gazette on 5 February 2026 and enters into force on 19 June 2026.
Federal Minister of Justice Dr. Stefanie Hubig summarizes: "With the button, withdrawal becomes a matter of a few clicks." Consumer organizations add: consumers should "be able to withdraw from a contract online as easily as they entered it."
What § 356a BGB actually requires
The new § 356a BGB has 5 paragraphs. Summarized:
(1) Obligation to provide a withdrawal function — labelled "Vertrag widerrufen" ("Withdraw contract") or equivalent. The function must be "permanently available, prominently placed, and easily accessible to the consumer" (source: Noerr).
(2)-(3) Collection of name, contract identification, electronic communication means; confirmation button "Widerruf bestätigen" ("Confirm withdrawal").
(4) Immediate acknowledgment on a durable medium (e.g. email).
(5) Deadline met by timely sending.
In parallel, the model withdrawal form remains mandatory under Annex 2 to Article 246a § 1 (2) sentence 1 No. 1 EGBGB. The button does not replace the form — both are required.
Difference from the cancellation button (§ 312k BGB)
This is the most important distinction, because many sources confuse the two:
| Cancellation button | Withdrawal button | |
|---|---|---|
| Section | § 312k BGB | § 356a BGB (new) |
| In force since | 1 July 2022 | 19 June 2026 |
| Scope | Continuing obligations (subscriptions, rentals, streaming) | Distance contracts (one-time purchases) |
| Purpose | Terminating an ongoing contract | Reversing a concluded contract within the withdrawal period (typically 14 days) |
| Label | "Verträge hier kündigen" | "Vertrag widerrufen" |
| Confirm page | "jetzt kündigen" | "Widerruf bestätigen" |
Kanzlei Grudzinski on § 356a BGB clarifies: "Unlike the cancellation button (§ 312k BGB) for ending subscriptions, the withdrawal button applies to the consumer's statutory right to cancel individual purchases."
Several law firms (including BTL Rechtsanwälte and Noerr) emphasize: a single combined "contract management button" for cancellation and withdrawal is not legally permitted. Stores needing both (typical: one-time purchases + subscriptions) must provide two separate buttons.
Who is affected?
Broad scope (IT-Recht Kanzlei):
- All B2C distance contracts via online user interface (website, app, software) with statutory withdrawal rights
- Regardless of company size, revenue, or legal form
- Goods, services and financial services
- Marketplace sellers also affected
Exceptions:
- Pure B2B contracts
- Contracts without withdrawal rights (§ 312g (2) BGB): custom-made goods, perishable food, sealed hygiene items, unsealed software/media, time-bound bookings
Important: if your Shopify store sells to German consumers, the law applies — regardless of where your company is based (market principle).
Consequences of non-compliance
Three parallel sanction tracks:
1. Administrative offence / fine. According to multiple law firms (including SKW Schwarz, BTL), fines of "up to €50,000 or — for large companies — up to 4 % of annual revenue" are possible.
2. Warning letter under German competition law (UWG). Haufe writes: "With inaction, warnings by competitors or consumer protection associations are virtually certain directly after the law takes effect." Authorized to send warnings: competitors, qualified trade associations, and consumer protection organizations (vzbv + 16 state consumer centers). Typical legal values for withdrawal warnings: €1,500-€15,000. Average warning costs per case: €500-€1,000.
3. Civil law consequence. With defective withdrawal instructions, the withdrawal deadline extends from 14 days to 12 months + 14 days (§ 356 (3) BGB). Customers can thus withdraw from the contract up to a year and 2 weeks after delivery. For stores with meaningful revenue, this creates significant financial risk.
1 in 5 German online merchants received a warning in 2024
The Händlerbund warning study 2025 shows:
- 18 % of all online merchants received a warning in 2024 (2023: 12 %)
- Rising trend: +50 % in 12 months
- 27 % of merchants see increasing warning frequency
- Withdrawal law is #1 at 17 % of warning grounds (IT-Recht Kanzlei monitor)
The Wettbewerbszentrale handled over 3,100 cases in 2024, 1,362 with formal complaints, 200 court proceedings. With § 356a BGB taking effect, a new wave of warnings is expected.
How to implement § 356a BGB correctly in Shopify
Requirements:
- Prominent button placement: footer + customer account area. IT-Recht Kanzlei recommends "prominent placement, ideally in the footer".
- Exact labelling: "Vertrag widerrufen" or equivalent. Deviations like "return" or "cancellation" are subject to warnings.
- Withdrawal flow: order identification → confirmation page with "Widerruf bestätigen" button → immediate acknowledgment by email/PDF.
- No forced reason: the reason may be optional but never mandatory (datenschutz-generator.de).
- Model withdrawal form in parallel (Annex 2 EGBGB): still mandatory.
- Legally solid documentation: withdrawal, timestamp, customer reference must be storable on a durable medium (audit trail).
- All languages of customer communication: at least the contract language; for EU-wide sales, all 24 EU official languages are recommended.
Self-implementation is technically possible but legally risky — every deviation from statutory requirements is subject to warnings.
The app solution: Revoka
Exactly these requirements are met by Revoka — a Shopify app for the legally compliant withdrawal button:
- One-click theme extension: button block placed without code in the theme editor
- Statutory labels out-of-the-box: "Vertrag widerrufen" + "Widerruf bestätigen"
- Customer portal without login: order number + email, HMAC-signed flow
- Model withdrawal form as PDF: automatically generated per withdrawal, in all 24 EU official languages
- Confirmation email to customer and merchant
- Admin dashboard with state machine (Submitted → Acknowledged → Returned → Refunded)
- 4 Shopify Flow triggers for workflows (DHL returns, Klaviyo, Slack)
- GDPR & EU hosting: Frankfurt data center, 6-month retention, GDPR webhooks
Setup time: 10 minutes. Pricing starts at €0 (Free plan up to 5 withdrawals/month).
What you should do by June 2026
- April-May 2026: Evaluate — test Revoka or build a DIY solution. Also important: have existing withdrawal instructions reviewed for § 356a compliance (attorney).
- May-June 2026: Implement and test internally. Check exact button labels and confirmation page.
- Before 19 June 2026: Go live. From that date the button is mandatory, and warning-letter firms will activate their scanners.
FAQ
Does a "contact" button suffice? No. The withdrawal button must be explicitly labeled as such and trigger a concrete flow.
Can I offer only an email link instead of a button? No. § 356a requires an interactive button with confirmation page.
May I ask for the reason? Yes, but voluntarily. A mandatory reason would restrict the right of withdrawal and is not permitted.
What about pure B2B stores? Exempt. But: mixed stores (B2B + B2C) must clearly flag consumer orders and provide the button.
Does the law apply to foreign stores selling to German customers? Yes. Market principle: what matters is the target market, not the store's headquarters.
Can we program this ourselves in-house? Technically yes. The risk lies in the many statutory detail requirements (labelling, placement, audit trail, languages). A reviewed app significantly reduces risk.
Related:
- Revoka — EU Withdrawal Button for Shopify
- Model Withdrawal Form per Annex 2 EGBGB: Implementation 2026
- Warning about withdrawal rights: 17 mistakes to avoid
Primary legal sources: § 355 BGB · § 356 BGB · § 312k BGB · EU Directive 2023/2673 · BMJ press release 47/2025