The ACM withdrawal button. Mandatory for B2C shops from June 19.
Right on time, but the die is cast, on June 11, the ACM announced that they will begin enforcing a new European law starting Friday, June 19. From then on, every B2C webshop must have a clear “withdrawal button.” Don’t have one? Then you risk massive fines and the statutory cooling-off period for consumers being automatically extended to one year. What exactly does this withdrawal button entail, what should it look like (technically), and for whom are exceptions made? We explain it all.
What requirements must the button meet?
Everyone is free to decide what the withdrawal button looks like, as long as it is clear and easy to find. The function must immediately make clear what it is for, for example, “cancel my purchase”. The function must be available throughout the entire cooling-off period, and consumers must be able to terminate their agreement digitally without unnecessary obstacles. Consumers only need to enter the necessary details, such as name, order number, email address, and which item they wish to return.
No unnecessary barriers.
Buying online can be done with one click; cancelling must be just as easy. Administrative obstacles are prohibited; for instance, logging in may be offered as an option, but creating an account may not be made mandatory. Cancellation as a guest must always be possible. You also may not require customers to contact customer service for approval first, and requiring attachments such as photos or proof of identity is strictly forbidden. Finally, a dropdown menu regarding the reason for return may appear on the page, but filling in this field must not be mandatory.
How, then?
Technically, you set this up as a streamlined two-step process. Step one is the form itself, in which the customer only needs to fill in the bare minimum: name, order number, email address, and which item they wish to return. Above the form, you list the rules, such as who pays the return costs, to ensure you comply with all information obligations. Below the form, you place a button such as “Submit withdrawal.” Step two begins upon submission of the form; the customer receives a confirmation email, and this email serves as the legally required proof of receipt, including the exact date and time of the withdrawal.
Exceptions.
The law applies purely to B2C webshops. Healthcare services, such as those provided by psychologists or physiotherapists, are excluded from the right of withdrawal, as are services booked for a specific date, such as an online ticket for an event or a reserved coaching session. Finally, you do not need to activate the button for products that are specially made to measure, such as custom-made window frames, or for hygiene products whose seal has been broken. For all these specific categories, your own general terms and conditions or cancellation rules simply remain in effect.
What has changed for the consumer?
For the consumer, absolutely nothing changes. It is purely a matter of user convenience enforced by the ACM. The statutory fourteen-day right of withdrawal already existed, but often you had to type an email yourself or print and fill out an unwieldy PDF form. The consumer now simply gets the right to withdraw just as easily as they can often order, with a single click of a button. The actual change, therefore, does not lie with the buyer, but with the webshop owner who must have the technology behind the scenes in order on time.
Fuck that button!
We get that thought! There are plenty of rules and laws; moreover, this right is nothing new for the consumer, only the button is new, but still, pay attention. This is a law of the ACM and not something like, for example, the GDPR back then, which caused everyone to panic. The ACM has tools that allow them to scan thousands of websites in an afternoon to see if they have a withdrawal button. Also, don’t forget your competitors and the killjoys who notice that you don’t have a button. It is very easy to report a shop that doesn’t have a button, and no button automatically means a 1 year right of withdrawal.
What now?
The deadline is incredibly tight. Because this is a completely new legal obligation from the ACM, we cannot fully sweep this under the rug under the guise of “maintenance.” However, we are accommodating our customers with a maintenance contract. We are building and configuring this withdrawal button and the accompanying form at a reduced rate. We have a number of webshops where this needs to be adjusted “quickly.” Therefore, we work on a first-come, first-served basis. Please let us know immediately if we need to schedule this for you, so we can add you to the list.