Update Commercial 2026: Consumer protection and e-commerce

Current topics in e-commerce and consumer protection

The year 2026 brings further fundamental changes to regulatory requirements for companies in digital business. While the extensive new requirements for improving accessibility have only been in force for just over six months, the introduction of the withdrawal button and the reform of consumer credit law are already the next major projects on the horizon. At the same time, case law is tightening the requirements for existing obligations.

The withdrawal button is coming

Following the introduction of the order button and termination button, an additional withdrawal button will also become a statutory requirement in future. The German Federal Ministry of Justice (Bundesjustizministerium) published a government draft in September 2025, which transposes the requirements of EU Directive 2023/2673 into German law (BT-Drs. 21/1856). The new rules are to apply from 19 June 2026.

The proposed new section 356a of the German Civil Code (Bürgerliches Gesetzbuch – BGB) will oblige online businesses, including providers of financial services, in particular credit institutions, to provide consumers with an easily accessible and permanently available button enabling them to submit their withdrawal declaration electronically. The aim is to make the withdrawal from a distance contract just as easy as its conclusion.

Similar to the termination button, a two-step process is required: a button labelled “withdraw from contract” or similar clear wording must be placed on the online user interface. This button must be continuously available during the withdrawal period, prominently positioned and easily accessible to consumers. After clicking on the first button, consumers must be directed to a confirmation page where they can provide or confirm the information necessary for the withdrawal, in particular their name, the details identifying the contract and the preferred communication channel for the confirmation of receipt. The withdrawal declaration is only submitted by clicking on a second button labelled “confirm withdrawal”.

For companies, this means – in addition to updated withdrawal notices and expanded pre-contractual information – not only adjustments to the front end of the online shop, but also to the back-end processes, as receipt of the with­drawal must be confirmed to the consumer immediately on a durable medium (e.g., by email).

Case law sharpens obligations regarding the cancellation button

Section 312k of the German Civil Code has been in force since July 2022, providing for easier termination by button for consumers in the case of ongoing contractual obligations concluded via a website. With its judgment of 22 May 2025 (I ZR 161/24), the German Federal Court of Justice further sharpened the scope of Section 312k of the German Civil Code. The court decided that operators of online subscription models must provide a cancellation button even if the contractual relationship ends automatically after a certain period and the agreed remuneration is paid only once. The judgment makes clear that ongoing contractual relationships are not tied to continuous payment by the consumer, but can also exist with a single payment if the company provides ongoing services during the contract term.

Most recently, the Berlin Higher Regional Court (Kammergericht) also clearly rejected the approach favoured in practice of incorporating a customer login between the cancellation button and the confirmation (judgment of 18 November 2025, 5 U 10/25). An online cancellation via the button must expressly be possible without prior login and password entry.

The decisions show that Section 312k of the German Civil Code is being interpreted broadly by the courts. Since the introduction of this provision, consumer protection organisations have been checking websites across industries for compliance. Companies that do not comply with the requirements risk not only warning letters and injunction proceedings but also grant consumers the right under Section 312k para. 6 of the German Civil Code to terminate the relevant ongoing contractual relationship at any time without notice.

Stricter rules for consumer credit and “buy now, pay later”

Fundamental changes in the regulation of financing products are also on the agenda in 2026. The draft bill implementing the Consumer Credit Directive (EU) 2023/2225 has been available since September 2025 (BT-Drs. 21/1851). The new provisions are to apply from 20 November 2026. A central aspect of the new regulation is the targeted extension of consumer credit law to so-called “buy now, pay later” products and interest-free loans.

In future, loans under EUR 200 and interest-free and fee-free credit will under certain conditions also be subject to the strict rules for consumer loans. This particularly affects creditworthiness assessments: In future, credit may only be granted if the assessment produces the positive result that repayment of the loan is “probable” – previously, it was sufficient that there was “no substantial doubt” that the borrower would meet their obligations under the loan agreement.

Additional information obligations will also apply. For example, advertisements for loans will have to include a warning such as “Caution! Taking out credit costs money”. If the borrower can no longer meet their payment obligations, lenders will also be required to exercise forbearance and, for example, offer extensions of the term, payment deferrals or contract amendments.

However, there are also reliefs for digital practice: The previously mandatory written form (i.e., wet-ink signature) for consumer credit contracts is to be largely replaced by text form, which significantly simplifies seamless transactions in e-commerce.

Accessibility in digital business remains a critical compliance issue

Since 28 June 2025, new obligations on accessibility in e-commerce have applied operators of online shops and intermediary services. The Accessibility Improvement Act (Barrierefreiheitsstärkungsgesetz – BFSG) has since obliged almost all online retailers (with the exception of micro-enterprises) to make their digital services accessible without barriers.

Six months after coming into force, it is apparent that many market participants have not yet fully implemented the requirements. Practical implementation can follow the harmonised European standard EN 301 549. For web content, the Web Content Accessibility Guidelines (WCAG) serve as guidance. Since infringements can not only result in fines but also give rise to warning letters from competitors and qualified associations, there is an urgent need for action.

Outlook

Regulatory requirements for digital business models continue to increase. E-commerce businesses should familiarise themselves with the new obligations at an early stage and plan their technical and organisational implementation. In particular, the combined effect of the withdrawal button, cancellation button and accessibility requirements requires careful and continuous review of the own online presence, especially the customer journey and the associated internal processes. Those who act proactively will avoid warnings, fines and liability risks and secure their own competitiveness in the long term.

This article is part of the "Update Commercial 2026". All insights and the entire report as a PDF can be found here.