From 19 June, national legislation was to require businesses in the European Union entering into distance contracts with consumers via an online interface to provide consumers with the option to withdraw from the contract via a dedicated function/button.
However, due to Poland’s delay in transposing Directive 2023/2673,[1] which requires the use of such a button, this obligation has been postponed in our country. We look at what remote contract withdrawal entails and which transactions the new feature will apply to.
What does the new obligation involve?
Under the Directive, businesses are required to include an easily accessible and prominently displayed withdrawal function in their online interface, enabling consumers to submit a withdrawal statement remotely.
This function should be labelled with the phrase “withdraw from contract here” or with an equivalent wording. It must also remain available throughout the statutory withdrawal period.
The new procedure involves two steps:
Step 1
In the online form displayed when the consumer selects the “withdraw from contract here” function, the consumer should be able to provide or confirm the following information:
- Their name
- Details identifying the contract from which they wish to withdraw
- Details of the electronic means by which the acknowledgement of receipt of the withdrawal is to be sent
Step 2
Once the form has been completed, the consumer must be able to confirm the submission of the withdrawal statement using a confirmation function, labelled e.g. “confirm withdrawal”.
However, the trader’s obligations do not end there.
Once the consumer has clicked the confirmation button, the trader must, without undue delay, send them an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by e-mail), including its content, date and time of submission.
The introduction of the new function entails the need to adapt the trader’s interface, after-sales communications, any relevant tabs, as well as to update consumer-facing terms and conditions.
Which contracts does the new function apply to?
This obligation applies to contracts concluded by traders with consumers via an online interface (including mobile apps) where the consumer has a statutory right to withdraw from a distance contract. This covers contracts for the purchase of both goods and services, including digital services.
What happens next?
The obligation to implement the “withdraw from contract here” function stems from the Directive, which has yet to be transposed into Polish law. This was to be done as part of the draft Consumer Credit Act (UC82), [2] however, on 18 May 2026, the draft was withdrawn from further proceedings of the Committee for European Affairs. At present, it is unclear when a new draft act transposing this obligation will be prepared.
Traders have therefore gained some additional time to adapt their systems and documentation to the new requirement, but should not delay in doing so.
This is particularly relevant for businesses targeting other EU markets. While these provisions have not yet been implemented in Poland, in other EU Member States the requirement to provide this function may already apply as of 19 June 2026, as mandated by Directive 2023/2673.
Have questions? Contact us
[1] Directive (EU) 2023/2673 of the European Parliament and of the Council of 22 November 2023 amending Directive 2011/83/EU as regards financial services contracts concluded at a distance and repealing Directive 2002/65/EC
[2] https://legislacja.rcl.gov.pl/projekt/12399650/katalog/13141474#13141474
