The cancellation button under § 312k BGB: Common mistakes
A missing or misplaced cancellation button makes contracts vulnerable. The typical pitfalls.
Who does the obligation apply to?
§ 312k of the German Civil Code (BGB) obliges businesses that offer consumers continuing obligations in electronic commerce (e.g., subscriptions, service contracts, streaming offers) to provide a cancellation button. The rule therefore applies to all online shops, platforms, and services with recurring consumer contracts.
Requirements for the button
- Labeling: 'Verträge hier kündigen' ('cancel contracts here') or equivalent — no creative paraphrasing allowed
- Placement: permanently available, immediately reachable — not hidden in nested submenus
- Visibility: clearly legible, clear graphic emphasis, not smaller than surrounding controls
The process after the click
After clicking the button, the consumer must reach a confirmation page without further hurdles. There they enter the cancellation details (contract type, customer number, desired cancellation date). After submitting, they immediately receive a confirmation of the cancellation in text form — by email or as a download.
The most common mistakes in practice
- Button only reachable on certain subpages, not permanently present
- Confirmation page requires an additional login or a holding queue
- No automatic confirmation email after submitting the cancellation
- Button leads to a generic contact form instead of a structured cancellation process
- No logging of the cancellation process for later evidence
What happens if the button is missing
If the cancellation button is missing or does not meet the legal requirements, the consumer can cancel the contract at any time without notice — the agreed minimum term no longer applies. Its absence is also anti-competitive and is pursued by German consumer protection associations and competitors with cease-and-desist actions.
Frequently asked questions
Does the obligation also apply to B2B contracts?
No, § 312k BGB applies exclusively to consumer contracts (B2C). There is no statutory cancellation button requirement for purely B2B online contracts — though a structured cancellation process is still advisable for service reasons and to avoid disputes.
What counts as a 'continuing obligation' under this provision?
Continuing obligations are contracts geared toward recurring performance — e.g., subscriptions, streaming services, SaaS licenses, gym memberships, or maintenance contracts. One-off purchase contracts are not covered.
Is it enough to offer a cancellation link by email?
No. The cancellation button must be accessible at any time directly on the business's website — not only by email, by phone, or on request. A purely postal or telephone cancellation option does not meet the requirements of § 312k BGB.
Must the cancellation button also exist in mobile apps?
Yes. If continuing obligations with consumers are concluded via an app, a corresponding cancellation button must exist there too. This applies equally to native apps (iOS/Android), PWAs, and mobile websites.