An upcoming amendment to the Distance and Off-Premises Sales Act (FAGG) introduces an important innovation: the “withdrawal function” under the new Section 13a FAGG. This provision, based on EU Directive 2023/2673, is intended to significantly simplify the withdrawal from online contracts for consumers. A corresponding draft law has been available since 12 February 2026:
The new withdrawal function
The new Section 13a FAGG obliges entrepreneurs who offer distance contracts via an online user interface to provide a special withdrawal function. This applies to all FAGG distance contracts with a right of withdrawal.
The function must:
- Be clearly legible and labelled “withdraw from contract” or similar wording;
- Be available throughout the entire withdrawal period, highlighted and placed in an easily accessible location.
The consumer can use this function to send an online withdrawal declaration by providing their name and contract details. A “Confirm withdrawal” button must complete the process. The trader must immediately confirm receipt of the declaration on a durable medium. The deadline is met if the declaration is sent before the deadline expires.
Impact
For consumers, this means greater convenience, transparency and legal certainty when cancelling.
For traders, it creates an obligation to implement the function technically. A preliminary check of the right of withdrawal is not necessary, but the burden of proof for fulfilling the information obligations lies with the trader.
Entry into force
The changes are scheduled to come into force on 19 June 2026 and will apply to all contracts concluded from that date onwards.
Conclusion
The digital withdrawal function is an important step towards strengthening consumer protection, and businesses should implement the new requirements in good time.