E-commerce and Online Shops

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An online shop selling to consumers in Germany has to meet a long list of statutory requirements, and every gap is a potential ground for a warning letter (Abmahnung) from competitors or associations. In 2026 the withdrawal button and the accessibility requirements were added. We review shops before launch and in operation, draft terms and checkout processes, and defend against warning letters.

Mandatory information in an online shop

• Legal notice (Impressum) under section 5 of the German Digital Services Act (DDG), easy to find and directly accessible
• Pre-contractual information under section 312d of the German Civil Code (BGB) and Art. 246a of its Introductory Act (EGBGB): main characteristics, total price, delivery costs and time, payment methods, statutory warranty
• Order button under section 312j(3) BGB labelled „zahlungspflichtig bestellen“ (order with obligation to pay) or with equally clear wording
• Privacy notice and consent management under the GDPR and section 25 TDDDG
• Information on consumer dispute resolution under section 36 of the Consumer Dispute Resolution Act (VSBG). The link to the EU online dispute resolution platform is no longer required since the platform was shut down in July 2025 and should be removed.

Withdrawal information and the withdrawal button 2026

Consumers have a 14-day right of withdrawal for distance contracts. Since 19 June 2026, every trader concluding distance contracts via an online interface must also provide an electronic withdrawal function (section 356a BGB, introduced by the act of February 2026, Federal Law Gazette 2026 I No. 28, implementing Directive (EU) 2023/2673).

• A button labelled „Vertrag widerrufen“ (withdraw from contract) or with equally clear wording, legible, prominent and permanently available throughout the withdrawal period
• Entry of name, contract identification and contact channel, followed by a confirmation button „Widerruf bestätigen“ (confirm withdrawal)
• Immediate acknowledgement of receipt on a durable medium with date and time
• A withdrawal sent in time via the function is deemed to be in time.

According to the legislative materials, placement in the footer is possible if the link stands out clearly. The model withdrawal notice has also been amended. Many shop systems now offer modules; whether they fully meet the statutory requirements should be checked.

Cancellation button for subscriptions

Anyone offering continuing contracts online, such as subscriptions, memberships or savings plans, needs the cancellation button under section 312k BGB with a confirmation page. On 16 July 2026 the Federal Court of Justice (BGH) held that this page may contain nothing apart from the necessary input fields and the confirmation button, not even offers to pause the contract (I ZR 200/25). Whether cancellation must be possible without logging in is currently before the BGH (I ZR 275/25), following a judgment of the Berlin Court of Appeal (Kammergericht) of 18 November 2025 (5 UKl 10/25).

Price indications under the PAngV

The total price including VAT must be stated, and for goods sold by weight, volume, length or area also the unit price close by. For price reductions, section 11 of the Price Indication Ordinance (PAngV) requires the lowest price of the previous 30 days to be stated. Strike-through and „was“ prices are among the most common reasons for warning letters.

Reviews and fake reviews

Anyone who makes customer reviews accessible must state under section 5b(3) UWG whether and how they ensure that reviews come from actual buyers. Bought or fake reviews, and suppressing negative reviews while claiming reviews are genuine, are always prohibited (nos. 23b and 23c of the Annex to section 3(3) UWG). Competitors and associations can send warning letters, and consumers may have damages claims under section 9(2) UWG.

Marketplace sales

On Amazon, eBay and other marketplaces, the trader remains responsible for its listings even if the platform determines the presentation. The Digital Services Act also requires marketplaces to verify trader identity. Suspensions and account closures must be reasoned, and there are routes to challenge them.

Accessibility under the BFSG

Since 28 June 2025, online shops for consumers must be accessible under the German Accessibility Strengthening Act (BFSG). Micro-enterprises with fewer than ten employees and an annual turnover or balance sheet total of no more than EUR 2 million are exempt. Besides market surveillance, warning letters under competition law are a risk.

Payment methods and instalments

If the shop offers instalment payments or buy now, pay later, the stricter consumer credit rules implementing Directive (EU) 2023/2225 apply from 20 November 2026. Short-term interest-free payment deferrals such as classic purchase on invoice are largely exempt. If you broker financing, have your advertising and checkout reviewed.

FAQs

Does the withdrawal button also have to be in the app?

Yes, if contracts are concluded through the app. According to the legislative materials, mobile apps are online interfaces.

Does the withdrawal button apply to B2B shops?

No, it only concerns contracts with consumers. Pure B2B shops should, however, exclude consumers effectively.

What does a warning letter cost?

That depends on the value in dispute. More important than the legal fees is the cease-and-desist declaration, because later breaches trigger contractual penalties. Never sign a pre-drafted declaration without review.

Related topics

• Cease-and-desist letters
• Platforms and the DSA
• Accessibility (BFSG) (in German)
• Digital products (in German)
• Online marketplaces (in German)