From 19 June 2026, companies must provide an electronic cancellation function for B2C contracts concluded online. The new Section 356a of the German Civil Code (BGB) contains detailed requirements for the design of this process and thus creates a considerable need for implementation in online retail.
The article by Eva Behling and Dr Martin Schirmbacher analyses the new legal requirements for the online revocation function and shows the challenges this poses for companies. The focus is on the scope of application of the regulation, the design of the four-stage cancellation process, the requirements for labelling, placement and accessibility as well as the obligations for confirmation of receipt and documentation. The article also sheds light on the special features of platforms, marketplaces and multi-channel sales models and categorises the new regulation in the context of EU law. At the same time, it critically questions whether the mandatory electronic cancellation solution in online retail actually leads to noticeable additional consumer protection.
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