From June 19, 2026, your e-commerce website must include a withdrawal button. In this article, we provide everything you need to know to comply with the regulation.
The right of withdrawal is defined as the consumer’s unilateral right to cancel a distance contract without having to justify their decision and without incurring any penalty. It is a inalienable right; therefore, any contractual provision that restricts this right or imposes a penalty for exercising it is null and void.
The general period for exercising the right of withdrawal is 14 calendar days from receipt of the goods, or from the conclusion of the contract in the case of services. However, if the trader fails to properly inform and document this right before the purchase, the withdrawal period is automatically extended to 12 months. Therefore, it is important to properly inform customers about their right of withdrawal in order to apply the standard 14-day period.
One of the most common questions raised by this new obligation is determining which businesses are actually required to incorporate a withdrawal button into their online contracting processes.
The answer is that this obligation applies to distance contracts concluded online whenever European legislation grants consumers a right of withdrawal.
The requirement to provide a withdrawal button is introduced through Directive (EU) 2023/2673, which amends Directive 2011/83/EU on consumer rights. Although this legislation is primarily focused on financial services contracts, the measure is not limited to such contracts. Rather, it generally applies to contracts concluded online that are subject to the withdrawal regime established under European consumer protection law.
The entrepreneur's location is not the deciding factor. What matters is the consumer's residence.
European consumer protection regulations may apply when the business activity is directed at consumers residing in the European Union, regardless of the entrepreneur's place of establishment. Therefore, if you have customers from outside the EU, they will not be protected by the relevant European directives.
For practical and operational reasons, many companies choose to implement the same withdrawal policy for all their customers. This solution usually simplifies management and reduces compliance risks.
The right of withdrawal was already recognized under existing legislation, but the new development is the mandatory implementation of a direct, visible, and simple technical mechanism that allows consumers to exercise this right.
Under the previous Directive, consumers already had the right to change their minds and withdraw from a contract, but it was sufficient for businesses to inform consumers of this right within their legal documentation. As a result, companies often hid the procedure within their general terms and conditions or imposed formalities that made exercising the right more difficult. However, as of June 2026, Directive (EU) 2023/2673 changes the landscape by introducing a mandatory withdrawal button for contracts concluded online.
As a result, withdrawing from a contract will be as easy as making a purchase, through a specific, visible, and easily identifiable button.
Would you like to know what this withdrawal button should look like on your e-commerce website? We have developed a guide to make it easy for you. Let’s get started!
The design and functionality of the withdrawal button on your e-commerce website must comply with certain legal requirements to ensure that the exercise of the right of withdrawal is effective and valid.
Spanish consumer protection legislation not only recognizes the right of withdrawal but also penalizes businesses that hinder or prevent its effective exercise.
In this regard, the penalty regime established in the Consolidated Text of the General Law for the Protection of Consumers and Users (TRLGDCU) distinguishes between various types of infringements that may be particularly relevant when a company implements a withdrawal button or a digital cancellation procedure.
On the one hand, Article 47 provides for several infringements related to obstacles imposed on consumers seeking to terminate a contractual relationship. In particular, subsection (k) refers to limitations or barriers that businesses may impose when consumers attempt to terminate or end a contract. This provision may apply where the withdrawal process is excessively complex, difficult to access, or clearly more burdensome than the contracting process itself.
However, where the trader's conduct directly affects the exercise of the right of withdrawal, subsection (s) of the same Article 47 appears to be more appropriate, as it specifically sanctions the refusal, obstruction, or unjustified hindrance of this right.
This may include situations where the consumer cannot locate the withdrawal button, is required to complete unnecessary steps, receives discouraging or misleading messages, or fails to receive effective confirmation of their request.
The distinction is significant, as the TRLGDCU assigns a different level of seriousness to each type of infringement.
Accordingly, infringements falling under the first category are classified as minor infringements. By contrast, conduct involving the obstruction of the right of withdrawal is classified as a serious infringement, reflecting the importance that the legislature places on protecting this fundamental consumer right.
This difference in classification directly affects the applicable penalties.
Minor infringements may be sanctioned with fines ranging from €150 to €100,000. Furthermore, where the offender has obtained an economic benefit from the unlawful conduct, the fine may be increased to an amount equivalent to between two and four times the unlawful profit obtained.
Serious infringements may result in fines ranging from €10,001 to €100,000. These amounts may also be exceeded where they are insufficient to eliminate the economic advantage gained, reaching up to an amount equivalent to between four and six times the unlawful profit generated by the infringement.
These penalties must also be considered in light of European consumer protection legislation.
Under the Omnibus Directive, Member States are required to establish effective, proportionate, and dissuasive penalties for widespread infringements of consumer law. In particular, the maximum penalties must amount to at least 4% of the trader's annual turnover in the Member State or Member States concerned, or €2 million where information on turnover is not available.
For this reason, from a compliance perspective, it is not enough merely to formally include a withdrawal button on a website or application. Businesses must ensure that the button is easy to locate, accessible, functional, and effective, as any design that makes the exercise of this right more difficult or discourages consumers from using it could be interpreted by consumer protection authorities as an obstruction of the right of withdrawal and, consequently, lead to significantly higher penalties.
The introduction of the withdrawal button is yet another example of how legal obligations in e-commerce are constantly evolving. At Lawwwing, we work to ensure that regulatory compliance is no longer a concern. Our platform generates and keeps your e-commerce legal texts up to date, helps you adapt to regulatory changes, and enables you to comply with legal requirements easily and without the need for specialized legal knowledge.
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