Cancellation button (section 312k German Civil Code)

The cancellation button is a control prescribed in Germany that lets consumers terminate ongoing contracts such as subscriptions directly on the website (section 312k BGB, the German Civil Code). The duty applies to websites through which consumers can conclude contracts online, where those contracts establish an ongoing, paid service by the trader, such as a subscription. Exempt are, among others, contracts for financial services. Also exempt are contracts whose termination is legally subject to a stricter form than text form, such as written form with a signature. The button must be clearly legible and labelled with the words „Verträge hier kündigen“ (cancel contracts here) or equally unambiguous wording. It must lead directly to a confirmation page where the termination can be submitted. The cancellation button is not to be confused with the withdrawal button. The withdrawal button concerns withdrawal from a newly concluded distance contract within the withdrawal period; the cancellation button ends an ongoing contractual relationship.

In practice

The cancellation button becomes relevant for Austrian providers when they sell subscriptions or other ongoing services to customers in Germany, such as software subscriptions or memberships. Technically the provision requires two elements: the continuously available, clearly visible button and a confirmation page where customers can enter the necessary details and submit the termination. Anyone planning both features should build the cancellation button and the withdrawal button as separate flows, each with the wording the law prescribes. Whether German law applies to a specific offer is a legal question and should be clarified by a lawyer.

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