Online shops must fulfil extensive information duties. Breaches are among the most common reasons for warning letters.
Legal framework
- § 312d BGB with Art. 246a EGBGB: pre-contractual information
- § 312j BGB: information directly before ordering; order button must indicate the payment obligation
- § 312k BGB: cancellation button; §§ 355, 356 BGB: withdrawal
Case law
- CJEU, 7 April 2022, C-249/21 – the order button alone must clearly indicate the payment obligation
- BGH, 22 May 2025, I ZR 161/24 – cancellation button also for contracts with one-off payment
Case examples
“Continue” as order button
The last button reads “continue”. It does not indicate an obligation to pay; no contract is concluded and the practice is unfair.
Cancellation only by e-mail
A subscription service lacks the cancellation button. Breach of § 312k BGB.
