October 15, 2023, 2:18 pm | Read time: 3 minutes
The introduction of a cancellation button was supposed to make it easy for consumers to terminate many contractual relationships. Where this is missing, another right benefits them.
For more than a year, it has been mandatory on many companies’ websites: the cancellation button. Providers of newspaper subscriptions, streaming services, or mobile contracts, for example, are supposed to make it easy and secure for their customers to end their subscriptions. However, a study by the Federation of German Consumer Organizations shows the opposite. Many companies do not implement the requirements or do so inadequately. The button on websites has been mandatory since July 1, 2022. Here’s what you can do if the cancellation button is missing.
Immediate Cancellation Possible
The Federation of German Consumer Organizations examined around 3,000 companies and found a “non-compliant implementation of the cancellation button” on about 60 percent of the sites reviewed.
What initially seems annoying for many consumers also brings a significant advantage. “If it can be proven that the cancellation button is missing or incorrectly implemented, those affected have the option to cancel their contract immediately,” says Michèle Scherer, a lawyer at the Brandenburg Consumer Center.
There are also clear regulations on how a cancellation button should look or be noted:
- The cancellation button must not be hidden or completely absent
- The cancellation button must lead to a confirmation page
- The labeling of the cancellation button must be clear
Cancellation Button Missing–What to Do?
Those who wish to exercise this right should mention the absence or incorrectness of the cancellation button in their cancellation, advises Scherer. It may also be helpful to include a corresponding screenshot or photo as proof.
The button is mandatory for contracts with longer terms that were concluded online or could at least have been concluded online. Rental agreements or contracts in the financial and insurance sectors are exempt from this obligation. If you are unsure whether a company has implemented the cancellation button in compliance with the law, you can read about what matters on the website of the Brandenburg Consumer Center.
As mentioned earlier, the obligation has been in effect since July 1, 2022. However, it is also stated that the regulation applies to contracts you entered into before July 1, 2022.
Also of interest: Why you should cancel online contracts yourself
Canceling Online Contracts Is Now Much Easier
What does notice of termination mean for mobile phone contracts?
Clear Legal Situation
If the company does not accept your immediate cancellation due to a missing button, there are various laws you can use to defend your rights. Specifically, the German Civil Code (BGB) § 312k paragraph 6 sentence 1 states: “If the buttons and the confirmation page are not provided in accordance with paragraphs 1 and 2, a consumer can cancel a contract, for which the buttons and the confirmation page must be provided, at any time and without observing a notice period.”
Source
- Federation of German Consumer Organizations: “Cancellation Button: Implementation Still Inadequate” (accessed October 9, 2023)
- Brandenburg Consumer Center: “Cancellation Button Not Found? This Is How the Online Cancellation Must Look” (accessed October 9, 2023)
- Federal Ministry of Justice: “§ 312k Cancellation of Consumer Contracts in Electronic Commerce” (accessed October 9, 2023)
With material from dpa