Evolution of the Right of Withdrawal: A New Obligation for E-Commerce Professionals

Key Takeaways

As of June 19, 2026, e-commerce professionals will be required to include a functionality on their websites enabling consumers to exercise their right of withdrawal directly from the online interface. This obligation, introduced by the Ordinance of January 5, 2026, requires technical adjustments to e-commerce websites and an update of the contractual documents (Terms and Conditions of Sale / Terms of Use).


The right of withdrawal allows consumers who make an online purchase to cancel that purchase, without providing any reason and at no cost, within 14 days of entering into the service contract or receiving the goods. (1)

New Integrated Withdrawal Functionality

An ordinance dated January 5, 2026 requires e-commerce professionals to implement a new functionality enabling consumers to exercise their right of withdrawal directly through the online interface. (2) This obligation will become effective on June 19, 2026.

This new withdrawal option is in addition to the existing methods. It applies to all contracts concluded online by consumers for the purchase of goods or services.

Technical requirements of the withdrawal mechanism

The implementation details of this new obligation are specified by an implementing decree dated January 5, 2026. (3) 

Clear and unambiguous identification: the functionality must comply with the following requirements:

    - it must be clearly identified by the wording “withdraw from the contract here” or by a similarly unambiguous phrase;
    - it must appear prominently on the online interface and be directly and easily accessible to the consumer;
    - it must remain available throughout the entire withdrawal period.

Information to be collected: the online withdrawal declaration enables the consumer to provide or confirm the following information: a) their first and last name; b) detailed information allowing identification of the contract from which they wish to withdraw; and c) detailed information regarding the electronic means by which they wish to receive acknowledgment of receipt of the withdrawal.

Once the withdrawal declaration has been completed, the request must be confirmed in a clear manner using the words: “confirm withdrawal” or a similarly unambiguous phrase.

Acknowledgment of receipt on a durable medium: after the consumer submits their withdrawal declaration, the professional must send an acknowledgment of receipt within a reasonable timeframe, either on paper or on another durable medium (for example, email). (4) This acknowledgment must notably include the content of the withdrawal declaration, as well as the date and time it was sent.

Thus, starting June 19, 2026, consumers will have the option to cancel the purchase of goods or services in three ways: i. by clicking on the link directing them to the withdrawal form accessible from the e-commerce website; ii. by sending an unambiguous withdrawal notice to the e-commerce operator; or iii. by exercising this right directly through the e-commerce website. This functionality may, for example, be implemented through a withdrawal button that redirects users directly to the website’s “withdrawal” page.

Update of Terms and Conditions

With regard to the pre-contractual information requirement set out in Art. L.221-5 of the French Consumer code, and where the right of withdrawal applies, e-commerce operators must ensure that their General Terms and Conditions (GTCs) are updated to specify the existence and location of the withdrawal functionality referred to in Art. L.221-1 of the Consumer code.

Sanctions for non-compliance

Failure to comply with the provisions governing the conditions for exercising the right of withdrawal is subject to an administrative fine of up to €75,000 for legal entities. (5)


    If you operate an e-commerce website, the Firm is available to conduct a legal audit of your website and assist you with its legal compliance, in particular with respect to legal notices, Terms and Conditions, GDPR compliance, or cookies.

(1) Article L.221-18 of the French Consumer Code.

(2) Article 3 of Ordinance No.2026-2 of January 5, 2026 relating to the distance marketing of financial services to consumers, amending Art. L.221-21 of the French Consumer Code. This new obligation stems from Directive (EU) 2023/2673 of November 22, 2023 on distance contracts for financial services. It should be noted that although the titles of the directive and the ordinance refer to financial services, the provisions relating to the right of withdrawal apply to all areas of distance selling (goods and services).

(3) Decree No.2026-3 of January 5, 2026 relating to the distance marketing of financial services to consumers, creating Art. D.221-5 of the French Consumer Code.

(4) Directive (EU) 2015/2366 of November 25, 2015 on payment services in the internal market defines a “durable medium” as “any instrument which enables the payment service user to store information addressed personally to that payment service user in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.” (Article 4(35)). Examples include paper documents, emails, PDF documents, USB drives, or CD-ROMs. By contrast, a hyperlink redirecting to a website is not considered a durable medium insofar as the information, although made available to the consumer, is not sent to them.

(5) Art. L.242-13 of the French Consumer Code.

Bénédicte DELEPORTE
Avocat    

Deleporte Wentz Avocat
www.dwavocat.com

February 2026