New obligation not only for e-shops: Withdrawal button
E-shop operators and other entities providing online services will have a new obligation. The government bill, which is currently being discussed in the second reading in the Chamber of Deputies, includes an amendment to the Civil Code and the Consumer Protection Act. Entrepreneurs will have to place a withdrawal button on their e-shops or web interfaces, including mobile applications, and introduce a withdrawal process directly on the website. The bill implements European Directive (EU)2023/2673.
What is changing
The reason for the amendment is to level the difference between the process of concluding a contract online, which only takes a few clicks, and the process of withdrawing from such a contract. Both processes should be equally simple and easily accessible to consumers. A mere reference in the terms and conditions to an e-mail address for exercising withdrawal or a sample form to send will no longer be sufficient. However, the new amendment does not introduce a new right to withdraw. It only regulates the process of exercising the standard right to withdraw from a distance contract within 14 days without giving a reason.
Communication of information, placement of a button on the website and confirmation of acceptance of withdrawal
The amendment supplements the current Section 1820, paragraph 1, letter i) of the Civil Code. Before concluding a distance contract, typically on the website, it is now necessary to inform the consumer about the possibility of withdrawing from the contract using the new “Withdraw from the contract” button and its location. Typically, you will do this in the terms and conditions.
However, the most important innovation is the button itself, which is regulated by the proposed Section 1830a of the Civil Code. The entrepreneur will allow the consumer to withdraw from the contract using the “Withdraw from the contract” button. The button must be placed on the website in a prominent manner so that it is:
- easily accessible,
- available continuously throughout the withdrawal period,
- marked with a legible inscription “Withdraw from the contract” or similarly clearly.
After clicking, the consumer fills in or confirms his name, contract details and details of the electronic means for sending confirmation of receipt of the withdrawal from the contract (typically e-mail). The new regulation also requires the entrepreneur to confirm the receipt of the withdrawal to the consumer by e-mail without undue delay, including its content, date and time of sending.
Why and how to deal with the news
The news concerns classic e-shops, but also any web or mobile platforms that offer online services. It is these entities that should adjust their interfaces and processes to meet the obligations. The law has not yet been approved, but it can be assumed that this will happen in a matter of months.
Failure to comply with the obligations will be an offense under the Consumer Protection Act. The Czech Trade Inspection Authority may impose a fine of up to CZK 5,000,000 for violations, depending on the individual obligations. It is therefore necessary to technically secure the placement of the button on the website, or in the customer account or on a specific customer order, throughout the entire period during which the customer can withdraw from the contract.
It is also important that the button itself is functional, i.e. place a functional form on the web interface for sending the withdrawal from the contract and automate the immediate sending of the confirmation of receipt.
