No more lost emails or unobtainable forms, the new European directive implemented in Italy requires online shops to have a dedicated button to exercise the right of withdrawal in just a few clicks.
To buy online just two clicks are enough. Now it’s the same for changing your mind. The new European legislation on right of withdrawalwhich came into force at the end of June, requires e-commerce platforms to equip themselves with a dedicated digital tool, designed to make giving up a purchase as immediate as its conclusion.
What does the new law provide?
At the base there is the Directive (EU) 2023/2673 of 22 November 2023, which amends the previous Directive 2011/83/EU on consumer rights and repeals Directive 2002/65/EC.
The heart of the reform is the so-called withdrawal button (in English withdrawal button), an electronic function that the seller must make available directly on the site or app, clearly visible for the entire period in which it is possible to exercise the right of withdrawal, generally 14 days.
The mechanism is divided into two steps. The consumer activates the function and enters the minimum required data (name, order references, contact for confirmation), then confirms the desire to withdraw with a second dedicated click. At that point the seller is obliged to send, without delay, a receipt of receipt on a durable medium, such as an email, which reports the date, time and content of the declaration.
The standard withdrawal form provided for in Annex IB of the Consumer Code remains mandatory in the pre-contractual information: the digital button is added to the existing tools, it does not replace them. Furthermore, the exceptions to the right of withdrawal already provided for by article 59 of the Consumer Code, as in the case of sealed goods opened after delivery for hygienic reasons.
The benefits for consumers
For those who buy online the change is concrete. It will no longer be necessary to download PDF forms, send registered letters or search for email addresses hidden among the pages of a site. The right of withdrawal it thus becomes accessible with the same immediacy of purchase, in line with the declared objective of the directive: to combat the so-called dark patterni.e. those interfaces specifically designed to complicate the cancellation or return procedures.
There is also additional protection. If the seller does not set up the digital function accordingly, the period for exercising the withdrawal is automatically extendedwithout the customer having to request or contact the competent authorities. The term extends from 14 days to 12 months and 14 dayswithout the need for cause or intervention by the AGCM. The legal basis is thearticle 53 of the Consumer Code.
Obligations for e-commerce companies
For i online stores the adaptation concerns two fronts: the technical one and the documentary one. On a technical level, it is necessary to integrate the withdrawal button into the interface, with clear labels such as “Withdraw from the contract here” or “Exercise the right of withdrawal”, and build a flow that automatically generates the confirmation receipt.
On a documentary level the general conditions need to be updated sales and pre-contractual information, specifying the presence of the digital tool. The obligation concerns all sites that sell to private consumers (B2C), including mixed B2C/B2B sites limited to the part aimed at end customers, and can also involve non-EU companies that address European consumers when Italian law applies.
Those who do not comply risk administrative sanctions provided for by the Consumer Code, in addition to non-negligible reputational damage: an interface perceived as not very transparent on withdrawal directly affects trust, reviews and cart abandonment rate.
Concrete protection
The new regulation on the right of withdrawal is significant a change of pace in the relationship between consumers and digital commerce: it is no longer enough to inform in writing, we need to make the exercise of the right as truly simple as the purchase itself. For e-commerce companies, this is an obligation that should not be underestimated.
