On 22 November 2023, the European Parliament and the Council of the European Union adopted Directive (EU) 2023/2673 amending Directive 2011/83/EU as regards financial services contracts concluded at a distance and repealing Directive 2002/65/EC (the Directive). Although the Directive was adopted in 2023, its practical impact is being felt now: the new rules, including the new withdrawal function, are due to apply on 19 June 2026. This means that online webshops in Belgium and across the EU must have implemented the required changes by that date, subject to national transposition.
Among the key changes introduced by the Directive is the new Article 11a, which requires traders who conclude contracts at distance with consumers through an online interface to provide a dedicated withdrawal function - the "withdrawal button". The objective of this measure is to ensure that consumers can withdraw from an online distance contract just as easily as they can conclude it, thereby increasing consumer awareness of their right of withdrawal and simplifying its exercise in the online environment.
The withdrawal button obligation applies not only to distance contracts for financial services, but to all distance contracts subject to the right of withdrawal under the Directive. Traders offering goods or services to consumers through online interfaces must implement the withdrawal function for any distance contract for which a right of withdrawal exists under EU law. Consumers are entitled to withdraw without incurring any penalties and without having to justify their decision.
The withdrawal button: key obligations
Article 11a imposes the following requirements on traders which conclude distance contracts by means of an online interface.
The trader must provide a withdrawal function labelled with the words "withdraw from contract here" or any unambiguous alternative wording. Such function must be continuously available throughout the withdrawal period. It must also be prominently displayed on the online interface and made easily accessible to the consumer. The withdrawal function must enable the consumer to send an online withdrawal statement, easily providing or confirming: (i) his or her name, (ii) details identifying the distance contract and (iii) the electronic means required to receive the confirmation.
Once the statement is completed, the trader must provide a confirmation function labelled "confirm withdrawal" or any unambiguous corresponding formulation, designed to prevent the unintended exercise of the right of withdrawal. Upon activation of the confirmation function, the trader must send the consumer an acknowledgement of receipt on a durable medium and without undue delay. Such acknowledgement must include the content of the withdrawal statement and the date and time of its submission. The consumer is deemed to have exercised his or her right of withdrawal in time, provided that the statement was submitted before the withdrawal period expired.
Timeline
Member States were required to transpose the Directive into national law by 19 December 2025, with the new obligations applying as from 19 June 2026. At the time of writing, Belgium has not yet transposed the Directive into national law. However, traders should not wait to take the necessary actions, as most online activities are borderless and several other Member States, such as France, Germany and Italy, have already completed the transposition process.
Conclusion
With the withdrawal button obligations becoming applicable as from 19 June 2026 in some Member States, traders concluding distance contracts with consumers through online interfaces should act now. In particular, traders should review their existing online interfaces to confirm whether a compliant withdrawal function is in place. If this is not the case, they should implement the required withdrawal and confirmation mechanisms together with a mechanism enabling the mailing of acknowledgements of receipt.
Authors:
- Tanguy Van Overstraeten, Partner at Van Bael & Bellis
- Axelle Waûters, Associate at Van Bael & Bellis
