Note: This article is for information only and does not constitute legal advice. For a legally binding assessment, please consult a licensed attorney.
TL;DR
- Since 19 June 2026 the withdrawal button per § 356a BGB has been mandatory (BGBl. 2026 I No. 28, EU Directive 2023/2673).
- This 12-point checklist covers every legal requirement - from scope through technology to legal texts.
- Each missed point is its own warning risk (deadline extension to 12 months + 14 days, in coordinated EU proceedings fines under Art. 246e EGBGB).
- With Retractly, technical points 2, 3 and 5-9 are supported.
The 12-point checklist
✅ 1. Scope checked
Do you conclude distance contracts with consumers via an online user interface? Then the obligation applies - regardless of size, revenue, legal form. Financial services are also covered. Pure B2B stores are exempt; for mixed assortments the obligation remains (details: Exceptions § 312g BGB).
✅ 2. Button labelled correctly
Label "Vertrag widerrufen" (withdraw contract) or an equivalent, unambiguous wording - well legible. Not allowed: "cancel", "contact", ambiguous terms.
✅ 3. Reachable from every subpage
The button must be permanently available throughout the entire withdrawal period and accessible from every page - in practice a footer link.
✅ 4. Visually highlighted
Clearly set apart from imprint/T&Cs via colour or contrast. An inconspicuous default-style footer link is not enough.
✅ 5. No mandatory login
Usable for guest orders too. A login solution is only permitted if the contract can only be concluded with an account. A common mistake - see § 356a vs. § 312k.
✅ 6. Mobile-functional
Button visible and operable on phone and tablet. Shopify themes often hide footer elements on small screens - test it.
✅ 7. Two-step procedure
Step 1: "Vertrag widerrufen" → form. Step 2: fill mandatory fields → "Widerruf bestätigen" button. A plain mailto: link is not sufficient.
✅ 8. Mandatory fields limited
Only name, contract/order ID, email. The reason for withdrawal must never be mandatory (optional only). Do not force marketing or extra questions.
✅ 9. Automatic acknowledgment
Immediate, automatic, on a durable medium (email is sufficient - no PDF needed). Content: withdrawal declaration + date + time of receipt (§ 356a (4) BGB / Art. 11(3) Directive 2011/83).
✅ 10. Confirmation implies no validity
The email confirms only receipt. Wording like "your withdrawal has been approved" is risky - better: a note that a review of validity and scope is still pending.
✅ 11. Withdrawal instructions updated
Extended with a reference to the button, its internet address and the automatic acknowledgment. Have it reviewed by a lawyer.
✅ 12. Privacy policy & audit trail
Document the data processing via the button (Art. 6(1)(c) GDPR in conjunction with § 356a BGB). Keep a complete audit trail (timestamp, content) as burden of proof.
What happens on non-compliance
- Deadline extension: withdrawal period to 12 months + 14 days on insufficient information.
- Warnings: by competitors and qualified associations - see Avoiding warnings.
- Fines: for widespread infringements in coordinated EU enforcement proceedings up to €50,000, or up to 4% for annual turnover above €1.25 million (Art. 246e EGBGB).
- There is no transition period - fully effective since 19/06/2026.
Tackle the technical points in one step
The technical points are the most error-prone. Retractly implements them out of the box: menu link on onboarding (no theme code, points 2-3; check the prominence required by point 4 in your theme), login-free customer portal for guests too (5-6), two-step flow with correct labels (7), limited mandatory fields without a mandatory reason (8) and automatic acknowledgment as a durable medium in 24 EU official languages (9-10). Points 1, 11 and 12 remain your (legal) task. A concrete rollout is shown in the step-by-step guide.
FAQ
How long does rollout take? With an app, technically a few minutes; plan the legal-text review separately.
My store is still missing the button - how urgent is this? Very urgent - the 19/06/2026 cut-off date has passed and warning letters can arrive at any time. Retrofit it as fast as possible.
Do I need a PDF model form? No, not for the button flow. The acknowledgment by email is sufficient as a durable medium.
Does this apply to foreign stores? Yes, market-location principle - see EU withdrawal rights & 24 languages.
Further reading:
- Retractly - EU withdrawal button for Shopify
- Setting up the withdrawal button in Shopify: guide
- § 356a BGB: the withdrawal button since 19 June 2026
- Build the withdrawal button yourself vs. app
- Mandatory since 27 Sept 2026: EU warranty label checklist
Primary legal sources: § 355 BGB · § 356 BGB · § 312k BGB · EU Directive 2023/2673