Digital withdrawal rights: towards a new model of consumer protection
By means of Legislative Decree No. 209 of 31 December 2025, in force since 23 January 2026, Italy has implemented Directive (EU) 2023/2673, introducing changes to the rules governing distance contracts and the right of withdrawal in online transactions.
The most significant change is the introduction, as a general provision applicable to all distance contracts, of the new Article 54-bis of the Italian Consumer Code. This provision stipulates that, for online contracts concluded from 19 June 2026 onwards, traders must provide consumers with a specific function to exercise their right of withdrawal, by providing a dedicated “withdrawal button” directly accessible within the digital interface.
This function must meet strict requirements:
it must be clearly visible and accessible at all times during the withdrawal period;
it must use unambiguous wording, such as “withdraw from the contract here”;
it must be easy to use, allowing the consumer to enter or confirm the essential details required for withdrawal;
it must consist of a two-step procedure, involving the submission of the notice of withdrawal and subsequent confirmation by the trader;
it must ensure traceability, requiring the trader to send, without delay, a receipt on a durable medium, including the content of the notice and the time of transmission.
At the same time, Article 49 of the Consumer Code, specifically paragraph 1(h), has been amended to expand pre-contractual information obligations: the trader is now required to specify not only the conditions, terms and procedures for withdrawal, but also the existence and location of the withdrawal function within the digital interface.
The new provisions have significant implications for businesses, particularly for e-commerce platforms and digital service providers. The required measures include:
revising UX/UI interfaces to ensure the visibility and accessibility of the withdrawal button;
integration with internal systems (such as CRM, logistics and refund management);
updating the general terms and conditions and privacy policies;
adopting suitable traceability systems to demonstrate the correct handling of withdrawal requests.