RETAIL – The mandatory digital simplification of the online right of withdrawal
The European Commission aims to facilitate the exercise of the online right of withdrawal in distance contracts by requiring all online traders to provide a withdrawal function through an online interface labelled “withdraw from the contract here” (or a similarly clear and unambiguous wording).
Directive (EU) 2023/2673, which introduces this requirement, had to be transposed by the Member States by today, 19 June 2026.
The objective of the Directive is clear: to eliminate the administrative burden associated with the traditional withdrawal form and make it easier for consumers to withdraw from an online purchase within the statutory period and without having to provide any reasons.
Under Article VI.47 of the Belgian Code of Economic Law, consumers making online purchases – and, more generally, entering into distance contracts via apps, telephone or email – are granted a fourteen-day cooling-off period starting from the conclusion of a service contract or the receipt of the purchased goods.
The right of withdrawal is based on the assumption that consumers are less well informed when making purchases at a distance than when shopping in person. However, this right does not apply, for example, to customised products, perishable goods or services that have already been fully performed.
Current legislation provides for a standard withdrawal form, which businesses must make available to consumers in a clear and accessible manner so that it can be completed and returned. As this process is often perceived as cumbersome, the European legislator has intervened by requiring at least a simple digital withdrawal function. If consumers can place an order with one click, they should also be able to cancel it with one click.
Although the Directive does not impose a specific technical solution, businesses will, in practice, need to add a digital button – for example within the electronic purchase confirmation – allowing consumers to withdraw from their purchase immediately and easily during the fourteen-day withdrawal period. The Directive nevertheless requires a second step, namely an explicit confirmation by the consumer of their decision to withdraw. The traditional withdrawal form will, in principle, remain available.
We say “in principle” because it has become clear that the Belgian legislator, together with eleven other Member States, has failed to transpose this European requirement on time. A draft law was only submitted to the Belgian Chamber of Representatives on 19 May 2026 and is currently still being discussed in parliamentary committees.
Although many businesses already offer such functionality in practice, consumers in Belgium cannot yet enforce this obligation.
Businesses selling products or services in other EU Member States should therefore consider proactively implementing a digital “withdrawal button”.
