On 19 June 2026, new rules under the Distance and Off-Premises Contracts Act are expected to enterinto force. The legislative proposal is expected to be adopted on 11 March 2026. The proposedamendments aim to strengthen consumer protection in relation to distance contracts and to introducenew requirements for traders entering into contracts with consumers via websites and apps.
One of the new requirements is the obligation to provide a specific function for exercising the right ofwithdrawal – a “withdrawal button” – which in practice is a technical solution that enables theconsumer to easily exercise their right of withdrawal via the website and the app.
Who is affected by the new requirement?
The requirement for a function for exercising the right of withdrawal is proposed to apply to traderswho conclude distance contracts via an online interface (such as a website or app), both in respect offinancial services and instruments and other goods and services, and where a right of withdrawalexists.
What does the new requirement entail and how should a function for exercising the right ofwithdrawal be designed?
The new requirement means that traders must provide a function on their website or in their app thatenables the consumer to withdraw from the contract electronically. The function can be described asa “withdrawal-button” and must be available throughout the entire withdrawal period. The purpose isto ensure that it is at least as easy for the consumer to withdraw from a contract as it is to conclude it.
Traders must provide a right-of-withdrawal function that:
- is easily accessible on the website or in the app throughout the entire withdrawal period andis labelled in a clear and legible manner, for example “withdraw from the contract here” or anequivalent, unambiguous wording.
- enables the consumer to enter or confirm their name and details of the contract that theconsumer wishes to withdraw from. This may be done by the consumer entering their personaldetails and contract number, or by a consumer who has identified themselves by logging inbeing given the opportunity to confirm these details.
- enables the consumer to specify in which electronic, readable and durable form the trader isto confirm the notice (acknowledgement of receipt).
- enables the consumer to explicitly confirm the withdrawal. Where there is a button that theconsumer must click to confirm the withdrawal, the text on or in the immediate vicinity of thebutton must indicate that the confirmation results in withdrawal.
- ensures that the trader, without delay and in the manner specified or confirmed by theconsumer, sends an acknowledgement of receipt to the consumer confirming the time ofreceipt.
The requirement for a function for exercising the right of withdrawal does not in itself create a newright of withdrawal and shall not limit the consumer’s possibility to withdraw from the contract inother ways, for example by using a standard form.
Deficiencies in the design, visibility or labelling of the function may constitute unfair marketing. Suchdeficiencies are proposed to be subject to sanctions under the sanction provisions of the MarketingPractices Act, in the form of prohibitions that may be combined with a conditional fine.
In connection with the new rules, an extended information obligation is introduced. Before a contractis concluded, the trader must inform the consumer that there is a function for exercising the right ofwithdrawal and where it is located. This obligation supplements the existing duty to inform about theexistence of a right of withdrawal, the time limit and other conditions for the right of withdrawal, howthe right of withdrawal is exercised and that there is a standard form for exercising the right ofwithdrawal.
Recommended preparationsThe amendments are proposed to enter into force on 19 June 2026 and to apply to contracts concludedafter that date. Organisations that are subject to the requirement should therefore:
- Ensure that there is a technical possibility to design the function in accordance with therequirements of the legislative proposal.
- Start working on designing and placing the right-of-withdrawal function.- Implement a process for immediate acknowledgement of receipt.
- Update terms and conditions of sale and other consumer information with information aboutthe existence of the function and its location.If you have any questions, wish to discuss further or need assistance in matters relating to the newlegislative proposal – for example updating your terms and conditions of sale or other consumerinformation – you are very welcome to contact Synch, for example through one of the contact persons below.
