Concluding consumer contracts via the internet is now a common part of commercial practice. The online interface enables consumers to conclude a contract within a matter of minutes, usually via a highly automated ordering process. This is precisely why, in recent years, the attention of both EU and Czech legislators has increasingly focused not only on the substance of consumer rights themselves, but also on the form of the digital interface through which consumers enter into legal transactions. One of the most prominent examples of this trend was the so-called “button amendment” in 2023[1] , which introduced an obligation into the Czech e-commerce environment whereby, if an order is confirmed by pressing a button or other similar control element, it must be clearly marked with “Order with obligation to pay” or another similar unambiguous phrase.
This regulation is now being followed by a further step. A transposition bill[2] relating to Directive (EU) 2023/2673 of the European Parliament and of the Council[3] (hereinafter the “Directive”) is currently going through the legislative process; amongst other things, it is intended to incorporate into Czech law a new obligation for traders to make available to consumers, via their online interface, a function enabling them to exercise their right of withdrawal from a contract.
Although the Directive was adopted primarily in response to the specific nature of financial services provided to consumers at a distance, and whilst it repeals the previous Directive 2002/65/EC[4] , its significance extends beyond this area. It inserts a new Article 11a into the general Directive 2011/83/EU[5] on consumer rights, which regulates the exercise of the right of withdrawal in respect of distance contracts concluded via an online interface. The decisive factor is not the sector in which the trader operates, but a combination of two circumstances: whether the contract with the consumer is concluded via an online interface and whether the consumer has a statutory right of withdrawal under that contract. The new obligation may therefore apply to financial services, standard e-shops, online marketplaces, providers of digital content or digital services, or, for example, subscription models.
In other words, if a consumer can conclude a contract via a website or mobile app, they should have a similarly accessible option to withdraw from it in the same way. The purpose of the new provision is not to extend the consumer’s substantive right to withdraw from a contract, but to ensure that exercising that right in the online interface is, in practice, just as easy as concluding the contract itself.
At the same time, this new withdrawal function is not intended to replace the existing methods by which a consumer may exercise their right of withdrawal, but rather to provide an additional, easily accessible means of exercising that right in the online interface.
The new withdrawal function and the term “buttons”
The Directive uses the term “withdrawal function”, i.e. a function for withdrawing from a contract. The term “withdrawal button”, which is currently in use, is, in the Czech context, more of a practical shorthand; however, it does not fully capture the scope of the requirements set out in EU legislation. The Czech draft transposition bill, which is currently going through the legislative process and follows this terminology, uses the phrase “a button or similar control element for withdrawal from the contract”.[6] This wording is used in the proposed Section 1830a of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), which is intended to regulate the exercise of the right to withdraw from a contract concluded at a distance via an online interface. The proposed terminology “button or similar control element for withdrawal from the contract” has already been incorporated into the implementing provisions of the model information notice on the right of withdrawal pursuant to Government Regulation No. 29/2023 Coll., on the model information notice on the right to withdraw from contracts concluded at a distance or outside business premises and the model form for withdrawal from such contracts, as amended.
Mechanism for exercising the right of withdrawal
The new obligation should not be understood as a purely formal addition of a single graphic element to a website. Its purpose is to create a functional and easily accessible mechanism within the online interface through which the consumer can make a declaration of withdrawal from the contract. Such a mechanism must be clear, comprehensible and accessible throughout the entire period during which the consumer may exercise their right of withdrawal. Simply including an email address in the terms and conditions, a general contact form or a withdrawal form that is difficult to locate would therefore not be sufficient to meet the new obligations. A legally compliant solution would be a separate and clearly labelled control element located, for example, on the website, in the customer account, in the details of a specific order, or in another easily accessible part of the online interface.
The new Article 11a of Directive 2011/83/EU[7] is based on a two-step mechanism. In the first step, the trader must enable the consumer to express their intention to withdraw from the contract via the online interface. This element must be clearly labelled with the words “Withdraw from contract here” or another equivalent, unambiguous wording. The consumer must be able to understand, without any legal knowledge, that by using this feature they are not making a complaint, nor are they merely requesting a return of goods in a commercial sense, nor are they sending a general enquiry, but are instead performing a legal act aimed at withdrawing from the contract.
In the second step, the consumer must be given the opportunity to confirm their declaration of withdrawal. The Directive thereby addresses the need to prevent unintentional withdrawal, which could occur simply by mistake when clicking on the first element. The confirmation function must again be clearly labelled, typically with wording corresponding to the meaning “confirm withdrawal”. It is only upon submission of this confirmed declaration that the right of withdrawal is exercised via the online interface.
The withdrawal function must also enable the consumer to enter or confirm the details necessary to identify the consumer, to identify the contract from which they are withdrawing, and the electronic means by which the consumer will be notified of the acceptance of the notice of withdrawal. In practice, this will typically include the consumer’s first name and surname, the order number or other information enabling the contract to be identified, and the consumer’s email address. For contracts managed via a customer account, some of this information may be pre-filled; however, it must always be clear to which specific contract the withdrawal relates.
Information obligations and model information notice on the right of withdrawal
The new provisions affect not only the withdrawal mechanism itself under the proposed Section 1830a of the Civil Code, but also the trader’s pre-contractual information obligations. The draft provides for an amendment to Section 1820(1)(i) of the Civil Code so that, in the case of a contract concluded at a distance via an online interface, the consumer is informed not only of the conditions, the time limit and procedure for exercising the right of withdrawal and the model withdrawal form, but also of the option to withdraw from the contract by using a button or similar control element for withdrawal and of its location within the online interface.
As indicated above, this change is also accompanied by an amendment to the model information notice on the right of withdrawal pursuant to Government Regulation No. 29/2023 Coll., as amended. Amending Government Regulation No. 66/2026 Coll. has added wording to the model information notice stipulating that the trader must inform the consumer where the button or similar control element for withdrawal from the contract can be found within the online interface, and at the same time inform them that, upon using this option, they will receive confirmation of receipt of the notice of withdrawal in text form without undue delay, including its content and the date and time of submission. The model information notice in this regard reads: “You may also withdraw from the contract online at [insert web address or other appropriate explanation of where the button or similar control element for withdrawal from the contract can be found]. If you make use of this option, we will confirm receipt of your notice of withdrawal in text form (for example, by email) without undue delay, including its content and the date and time of its submission.”
With regard to the form in which this information is provided, the requirement for text form under Section 1819 of the Civil Code must be taken into account. This requirement is met, amongst other things, where the information is provided on a document or other durable medium which enables the consumer to retain the information intended for them for a period appropriate to its purpose and, at the same time, allows for its unaltered reproduction. In practice, therefore, it will not be possible to rely solely on information displayed on a dynamic web interface. The standard solution should therefore be, in particular, to provide the information in a PDF document sent by email, or to make the information available in another way that meets the criteria of a durable medium – usually as part of the general terms and conditions.
In preparing for these changes, traders should therefore review not only their terms and conditions and model information notice on the right of withdrawal, but also their customer interface, automated email templates and documents sent to consumers both before and after the conclusion of a contract. Particular attention should be paid to cases where a trader offers multiple categories of goods, services, digital content or digital services, of which only some give rise to a right of withdrawal for consumers. The online process and associated documentation should be designed in such a way that they do not mislead consumers regarding the existence of this right in relation to a specific supply, whilst at the same time not preventing them from exercising it where they are legally entitled to do so.
Possible sanctions
At the same time, a subsequent amendment to Act No. 634/1992 Coll., on Consumer Protection (hereinafter the “Consumer Protection Act”), is envisaged, particularly with regard to the trader’s liability for administrative offences arising from breaches of the new obligations. According to the draft, a trader will be deemed to have committed an administrative offence, amongst other things, if, contrary to the proposed Section 1830a(1) of the Civil Code, they fail to allow the consumer to withdraw from the contract by means of a declaration made via an online interface using a button or similar control element. Failure to comply with related information obligations and failure to confirm receipt of a declaration of withdrawal from the contract are also to be penalised separately.
For both of these offences, the draft provides for the possibility of imposing a fine of up to CZK 5,000,000. In the case of cross-border breaches of consumer law, where the mechanism for coordinated enforcement under Regulation (EU) 2017/2394 of the European Parliament and of the Council[8] applies, the penalty framework may be even more substantial, up to 4 per cent of the trader’s total annual turnover, or up to CZK 50,000,000 if the turnover cannot be determined.
Late transposition in the Czech Republic
In terms of the timeframe, the EU Directive envisaged the adoption of transposition measures by 19 December 2025 and their application from 19 June 2026. However, as mentioned above, the Czech legislative transposition had not yet been finalised at the time of writing this article. The government’s draft bill was only approved by the Chamber of Deputies at its third reading on 10 July 2026 and is now awaiting further debate in the Senate and subsequent signature by the President of the Republic. Nevertheless, the implementing regulation setting out the model information notice on the right of withdrawal is already in force[9] .
Conclusion
The “withdrawal button” represents a further manifestation of the regulation of digital consumer interfaces, the aim of which is to ensure that consumer rights are not merely formally declared in the online interface but are also genuinely and easily enforceable. The new legislation does not introduce a new consumer right to withdraw from a distance contract, nor does it alter the scope of this consumer right itself; however, it introduces a requirement for traders to enable the exercise of this right via an online interface in a manner commensurate with the ease with which the contract can be concluded in the same environment.
Although the Czech legislative transposition has not yet been finalised, the essence of the new obligations is already clear, given their EU origin and basic parameters. It will therefore be essential for traders not to view the contract withdrawal function merely as a formal addition to the web interface, but as a distinct feature enabling the exercise of the consumer’s right. This new process should be easily accessible, clearly labelled, linked to a specific contract and clearly distinguishable from other procedures, in particular complaints, order cancellations, exchanges of goods or voluntary returns of goods beyond the scope of the law. From a practical perspective, the new regulations will require not only adjustments to the online interface, but also a review of the pre-contractual information provided as part of the duty to inform, the model information notice on the right of withdrawal, the terms and conditions, confirmation emails and internal procedures for processing withdrawals. The ability to document the entire process will also play a significant role, particularly the confirmation of receipt of a notice of withdrawal in text form.
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[1] See Section 1826a(2) of Act No. 89/2012 Coll., the Civil Code, as amended by Act No. 374/2022 Coll.; see also Act No. 374/2022 Coll., amending Act No. 634/1992 Coll., on Consumer Protection, and Act No. 89/2012 Coll., the Civil Code.
[2] Government Bill amending certain Acts in connection with distance contracts for financial services, Chamber of Deputies of the Parliament of the Czech Republic, 10th parliamentary term, Chamber of Deputies Print No. 16/0
[3] Directive (EU) 2023/2673 of the European Parliament and of the Council of 22 November 2023 amending Directive 2011/83/EU as regards financial services contracts concluded at a distance and repealing Directive 2002/65/EC
[4] Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC
[5] Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council, and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council
[6] At the same time, an amendment was tabled during the legislative process proposing a simplification of the terminology to the term “control element”; however, the relevant committee of the Chamber of Deputies adopted a non-recommendatory opinion on it.
[7] Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council
[8] Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004
[9] Government Regulation No. 66/2026 Coll., amending Government Regulation No. 29/2023 Coll. on the model information notice on the right to withdraw from a contract and the model withdrawal form, came into force on 19 June 2026
JUDr. Miloš Kulda, Ph.D., attorneys – kulda@plegal.cz
JUDr. Tereza Pechová, junior lawyer – pechova@plegal.cz
Anna Němcová, legal assistant – nemcova@plegal.cz
17. 6. 2026