New EU rules on withdrawal from contracts concluded through online interfaces
Directive (EU) 2023/2673 of 22 November introduces a major reform of the distance contract regime (especially in the area of financial services) with the aim of strengthening consumer protection in digital environments. To this end, it amends Directive 2011/83/EU on consumer rights and repeals Directive 2002/65/EC concerning the distance marketing of financial services.
Although its main purpose is to modernise the legal framework applicable to distance contracts for financial services, Directive (EU) 2023/2673 also introduces a novelty of cross-cutting scope that may affect any operator that allows the contracting of goods, services or digital content through an online interface.
In particular, it introduces a new Article 11a to Directive 2011/83/EU, which requires consumers to be able to exercise their right of withdrawal through a visible, accessible and simple online function. The aim is to make it as easy to withdraw from the contract as it is to conclude it. Its main new features include the obligation to facilitate the exercise of the right of withdrawal through more accessible and simple mechanisms, in response to the increasing digitisation of contracting.
Key points:
- Visible and accessible withdrawal function: the online interface must incorporate a function that is clearly visible, easy to find and available throughout the period during which the right can be exercised.
- Unambiguous labelling: it should be identified, in a clearly legible way, with the words "withdraw from the contract here" or equivalent wording.
- Minimum data: the consumer only needs to indicate or confirm his name, the data identifying the contract or order and the electronic means to receive the confirmation. If the consumer has already identified himself (e.g. by logging in), he should not have to provide his identification again.
- Confirmation and acknowledgement: There should be a 'confirm withdrawal' function or equivalent, and an acknowledgement should be sent on a durable medium (e.g. email) with the content of the declaration and the date and time of submission.
- Additional channel: this functionality does not replace other means of exercising the right of withdrawal, which shall continue to be available.
The implementation of these new features, without prejudice to their transposition by the Spanish legislator, is foreseen from 19 June 2026, so it is advisable to review the legal texts, the user experience and the contracting flows implemented to ensure that the withdrawal function is visible, accessible, traceable and aligned with the new requirements.
Article by the TMT area of ECIJA Madrid.
