Mandatory Withdrawal Button for E-shops: What Online Retailers Need to Know
The consumer's right to withdraw from a distance contract without stating a reason within 14 days is not new. Czech law has included it for many years, based on the EU Directive 2011/83/EU on Consumer Rights. Previous rules left the method of exercising this right relatively open. Consumers could use a model form, send an email, or contact a customer helpline.
As the volume of purely online commerce grew, this approach proved insufficient. E-shop operators were hiding the withdrawal option deep within their terms and conditions. In response, the European legislator adopted the Directive of the European Parliament and of the Council (EU) 2023/2673 of 22 November 2023, amending the Consumer Rights Directive in November 2023. The amendment introduces new Article 11a, which explicitly requires businesses operating online interfaces to provide consumers with a functional mandatory withdrawal button as a compulsory part of their online interface; not as an optional add-on. The underlying principle is simple: the withdrawal process must not be more difficult for the consumer than entering into the contract itself.
Current State in the Czech Republic
The transposition deadline for incorporating the directive into Czech law expired on 19 June 2026 and the Czech Republic missed it. In practice, however, this does not mean the obligation is already in force. EU directives do not have so-called direct effect against private parties, a late-transposed directive binds only the state, not businesses directly. Until a national law is enacted, the obligation to operate a mandatory withdrawal button does not formally arise.
The draft act, which would insert a new Section 1830a into the Czech Civil Code and amend other provisions including Sections 1820 and 1843, is currently in its second reading in the Chamber of Deputies under parliamentary print 16/0. The proposed rules essentially mirror the text of the directive.
Part of the market is not waiting, however. Larger e-commerce platforms and individual merchants have begun voluntarily integrating the mandatory withdrawal button into their systems during June 2026. This shows that technical implementation is feasible, and the rest of the market should match that pace of preparation.
Who the Proposed Obligation Applies to
Under the proposed Section 1830a of the Czech Civil Code, the obligation will apply to all businesses that conclude distance contracts with consumers via an online interface, meaning through websites or mobile applications. The key factor is how the contract was concluded. If it was concluded online, the proposed rules apply. If the contract was concluded in person, the obligation does not arise.
The following contract types listed in Section 1840 of the Czech Civil Code are also excluded:
- package travel contracts,
- accommodation contracts for a specific date,
- passenger transport contracts.
It is also important to note that the proposed rules do not create any new right of withdrawal. They exclusively introduce an additional method by which consumers can exercise a right they already hold under existing law.
What the Proposed Act Requires
The draft sets requirements not just for the mandatory withdrawal button itself, but for an entire structured process.
Clear Labelling
The button must carry an unambiguous label. The draft law and the directive specifically reference the wording "Withdraw from contract" or "Withdraw from contract here", while also permitting other clearly equivalent wording presented in an easily readable manner.
Prominent Display and Availability
The button must be displayed prominently and be easily accessible. It must also remain continuously available throughout the entire withdrawal period (the standard 14 days from contract conclusion), or any longer contractually agreed period. The explanatory memorandum also explicitly permits making the button permanently available without linking it to a specific contract. Such an approach does not in itself extend the withdrawal period.
No Artificial Barriers
The consumer must not be required to take any steps merely to find the button, for example, downloading an app they did not use to conclude the relevant contract.
Completing the Declaration (Phase 1)
After activating the button, the consumer is prompted to complete a withdrawal declaration. They provide or confirm details such as their name, contract identification, and email address for confirmation. If the consumer is logged in, the proposed rules envisage automatic pre-filling of these details.
Submission and Confirmation (Phase 2)
The consumer submits the declaration via a second button labelled "Confirm withdrawal from contract" or equivalent unambiguous wording. This two-step structure protects the consumer from accidentally exercising the right of withdrawal.
Acknowledgement from the E-shop
Without undue delay after submission, the business must confirm receipt to the consumer in a durable medium. The confirmation must include the content of the declaration and the exact date and time of submission.
In terms of placement, integrating the button into the customer account within the order detail is the most natural solution. Including it in post-purchase confirmation emails is also recommended.
Proposed Changes to Pre-Contractual Information Obligations
The proposed rules extend beyond the mandatory withdrawal button itself. The amendment would also expand Section 1820 of the Civil Code to require businesses to inform consumers about the possibility of withdrawing via the online interface and about the location of the relevant button before concluding the contract. These are two separate requirements that are independent of each other. Meeting the information obligation does not mean the button works, and vice versa.
For distance contracts for financial services, an identical obligation would be established under the proposed Section 1843(1)(r) of the Civil Code.
How to Prepare
The obligation will arise at the moment the act enters into force, not retroactively from the transposition deadline. A transitional period after the law is adopted will provide some time for implementation, but its length is not yet known.
Practical implementation is not trivial. It affects multiple parts of the system simultaneously, from the front end to the customer account and automated emails. E-shop operators who start preparing now give themselves time to test and fine-tune the mandatory withdrawal button process without the pressure of an approaching legal deadline.
This article is based on the draft law being considered in the Chamber of Deputies under parliamentary print 16/0 and its explanatory memorandum. The final wording of the law may differ from what is described here.
Key Takeaways
- What is changing: The new EU Directive 2023/2673 of 22 November 2023, amending the Consumer Rights Directive, requires e-shops to integrate a functional and easily accessible mandatory withdrawal button into their online interface. Customers will no longer need to search for forms in terms and conditions or send emails.
- Who it applies to: All businesses that conclude distance contracts with consumers (typically via website or mobile application). Exceptions exist (e.g. package travel, accommodation for a specific date, and passenger transport).
- How the button must technically work: A two-step process is required. After clicking the first button, the customer sees a form (ideally pre-filled with account data). They then confirm their intention via a second button labelled "Confirm withdrawal from contract." The e-shop must promptly send a confirmation of receipt.
- From when it applies: The EU transposition deadline expired on 19 June 2026. In the Czech Republic, the final approval of the Civil Code amendment (parliamentary print 16/0) is still awaited. The obligation is not yet formally in force, but some large e-shops have already implemented the mandatory withdrawal button voluntarily.
For more information, please do not hesitate to contact us at:
ECOVIS ježek, advokátní kancelář s.r.o.
Betlémské nám. 6
110 00 Praha 1
e-mail: mojmir.jezek@ecovislegal.cz
www.ecovislegal.cz
ECOVIS ježek, advokátní kancelář s.r.o.
The Czech law firm ECOVIS ježek focuses its practice primarily on commercial law, real estate law, litigation, but also finance and banking law and provides full-service advice in all areas. This creates an alternative for clients of international law firms. The international dimension of the services provided is ensured through experience and cooperation with leading law firms in most European countries, the USA, and other jurisdictions. This cooperation occurs within the network ECOVIS, which operates in 75 countries worldwide. ECOVIS ježek team members have many years of experience from leading international law and tax firms. They provide legal advice to multinational corporations, large Czech companies, medium-sized companies, and individual clients. For more information please visit www.ecovislegal.cz.
