The withdrawal button: what course providers must observe since June 2026

What this is about

EU Directive 2023/2673 added a duty to provide a “withdrawal function” to the Consumer Rights Directive. Germany implemented it with the act of 3 February 2026; the rule is in the new § 356a of the German Civil Code and has applied since 19 June 2026. Consumers should be able to withdraw from a contract concluded online as easily as they concluded it: alongside the existing routes such as email or letter, a button is now available to them.

What the withdrawal function has to do

• Label: “withdraw from contract” or an equivalent, unambiguous wording, clearly legible.
• Placement: permanently available throughout the withdrawal period, prominent and easy to reach. According to the explanatory memorandum it should be directly accessible from every page; a link is enough, but in the footer only if clearly highlighted. A login must not be necessary, unless the contract can only be concluded through a customer account.
• Information requested: only the name, details of the contract and an electronic contact route for the confirmation. Further mandatory fields, such as a reason for withdrawal, are inadmissible in the view of the Hanover chamber of commerce.
• Second step: a separate button “confirm withdrawal” or equivalent, with which the withdrawal is sent.
• Acknowledgement of receipt: without delay on a durable medium, by email for instance, containing the content of the withdrawal as well as the date and time of receipt. It should not sound as though the withdrawal has already been reviewed.
• Deadline: what counts for the deadline is that the consumer sends the withdrawal in time.

The withdrawal policy changes too: it must now point out the existence and the placement of the withdrawal function (Art. 246a § 1(2) EGBGB with a new template).

Which bookings the duty applies to

The duty concerns distance contracts between traders and consumers concluded through a website or an app – and only where a right of withdrawal exists at all. Bookings by phone, fax or post are not covered, according to the Hanover chamber of commerce. Under the explanatory memorandum the duty also applies when booking happens through a third party's platform.

Do courses have a right of withdrawal at all?

Not always. Under § 312g(2) no. 9 of the German Civil Code there is no right of withdrawal for services connected with leisure activities where the contract provides for a specific date or period. The Court of Justice of the EU sees the purpose as protecting providers from the capacity risk: a place cancelled at short notice often cannot be filled again (CJEU, C-96/21).

Exactly where the line runs has not been settled for courses. There is as yet no ruling by the CJEU or the German Federal Court of Justice specifically on courses or course series. Some pointers:

• The European Commission reads the exception narrowly: it does not apply to offers without a capacity limit.
• The Hamm Higher Regional Court held, on the predecessor rule, that leisure courses can be covered, while courses preparing for a profession are not.
• For online courses with a freely chosen duration and for automatically renewing subscriptions, the specific date or period is missing – the exception is unlikely to apply here.

In practice that means: for a pottery workshop on a fixed Saturday with eight places, much speaks for the exception. For professional development, self-study courses or subscriptions you should assume a right of withdrawal. Whether a course series running over several weeks forms a “period” within the meaning of the provision is open.

Bookings by companies

Only consumers have a statutory right of withdrawal (§ 312(1), § 312g(1) German Civil Code). So when a company books a course for its staff, there is generally none.

One exception may be the German Distance Learning Protection Act: according to a Federal Court of Justice ruling of 12 June 2025 (III ZR 109/24) it applies to businesses too. For distance learning with assessment of learning progress there is then a right of withdrawal (§ 4 FernUSG), and without authorisation by the central office for distance learning the contract is void (§ 7 FernUSG). Whether particular online course formats fall under it is disputed; abolition of the act so far exists only as a draft bill. Anyone offering online courses with tests or marked assignments should have this checked.

What happens if you get it wrong

• A longer withdrawal period: the period only begins with a correct notice (§ 356(3) German Civil Code) and then ends after twelve months and 14 days at the latest. Whether the mere absence of the withdrawal function extends the period is not settled; the Hanover chamber of commerce assumes it does.
• Fines are only provided for in EU-wide coordinated proceedings (Art. 246e EGBGB).
• Cease-and-desist letters: competitors and associations can issue warnings over breaches of consumer information duties.

A quick check for your booking page

1. Is there a right of withdrawal for your courses – or does the leisure activities exception apply?
2. If yes: is the withdrawal function reachable from every page and prominently placed?
3. Does it ask only for name, contract and email address?
4. Is there the second step “confirm withdrawal”?
5. Does an acknowledgement arrive at once with content, date and time?
6. Does your withdrawal policy name the withdrawal function and where to find it?
7. If no: do you point out explicitly before the booking that there is no right of withdrawal?

Withdrawal in Kursimple

Kursimple comes with an online withdrawal form for your course website (from the Plus plan):

• a withdrawal form linked from every page of your course website,
• a check of the details against the order, with a reason being optional,
• an acknowledgement by email with the time of submission,
• approval or rejection in the back office with automatic emails,
• placeholders for the link to the withdrawal form and for the withdrawal policy in your mail templates.

Whether the label and the placement meet the requirements in your case is something we are happy to discuss with you. Talk to us.

Sources

• § 356a German Civil Code – withdrawal function
• Act of 3 February 2026, Federal Law Gazette 2026 I no. 28
• Draft bill with explanatory memorandum, BT-Drucksache 21/1856
• Hanover chamber of commerce: withdrawal button
• § 312g German Civil Code – right of withdrawal and exceptions
• CJEU, judgment C-96/21
• European Commission, guidance on the Consumer Rights Directive (2021/C 525/01), section 5.11.6
• Hamm Higher Regional Court, judgment of 21 Feb 2013, I-4 U 135/12
• Federal Court of Justice, judgment of 12 Jun 2025, III ZR 109/24 (FernUSG)

Read on: Online registration checklist · GDPR for course providers