Where the amendment comes from
The amendment follows on from the 2023 "button" amendment (Act No. 374/2022 Coll.) and transposes EU Directive 2023/2673 on distance marketing of consumer financial services (DMFS). Although the transposition deadline expired on 19 June 2026, the legislative process in the Czech Republic is still ongoing. The obligation for e-shops will therefore only apply from the law's effective date — 1 January 2027. Traders have thus gained roughly a six-month grace period, but preparation should not be underestimated.
Who is affected
The obligation applies to virtually anyone who concludes a contract with a consumer via a website or app:
- e-shop operators,
- providers of digital content (software, e-books, music, films, streaming platforms),
- providers of online services (subscriptions, online courses, cloud, vouchers, memberships),
- providers of financial services arranged online (loans, insurance, investment products).
Traders who sell exclusively goods for which no statutory right of withdrawal arises (custom-made or perishable goods etc. under Section 1836 of the Civil Code) may fall outside the button obligation. Even so, it is advisable to review the documentation.
What the amendment introduces — and what it does not
Crucially, the amendment does not create a new right of withdrawal. It merely adds another, more convenient way for the consumer to exercise that right. The model form and other declarations (e-mail, letter, data box) remain. The button is just an additional channel.
The new Section 1830a of the Civil Code requires the consumer to have a dedicated button through which they can withdraw from the contract as easily as they concluded it.
- Note: the button serves only for withdrawal — not for termination or any other way of ending the contract.
At the same time, a new information duty is added under Section 1820(1)(i) of the Civil Code: before concluding the contract, the trader must state that withdrawal is also possible via the online function and where it is located.
What the button must look like
The amendment sets two basic requirements:
- Visibility and clear labelling. The button belongs in the online interface where the contract was concluded, must be displayed prominently and labelled unambiguously (e.g. "withdraw from contract"). The consumer must not have to hunt for it in the terms and conditions or FAQ, or download a separate app.
- Permanent availability. The button must remain functional throughout the period in which the consumer has the right to withdraw — usually 14 days, or the full duration of any longer period offered. Making the button available does not in itself extend the statutory time limit.
The two-step withdrawal process
To prevent withdrawal by accidental click, the process is two-step:
- After clicking, the consumer fills in or confirms (pre-filled) details about themselves, the relevant contract and the electronic means for sending the confirmation. Anyone who has already proven their identity (e.g. by logging into their account) need not state it again. The trader may not require additional mandatory data — any reason for withdrawal must remain voluntary.
- The consumer confirms the submission with a second button (e.g. "confirm withdrawal from contract").
The trader must then confirm the withdrawal in text form — acknowledgment of receipt, a copy of the withdrawal, and the date and time of dispatch. A contact e-mail or an in-app message that can be saved (e.g. as a PDF) suffices. A temporary pop-up or a notification that cannot be saved does not. Failure to send the confirmation does not affect the validity of the withdrawal, but exposes the trader to penalties.
Watch the terms and conditions
Besides adjusting the website, traders must also update their terms and conditions and the consumer-information process. Otherwise they risk not only a penalty from the Czech Trade Inspection Authority but also an extension of the withdrawal period by up to one year (Section 1829 of the Civil Code).
Special rules for online financial services
For financial services arranged at a distance, the amendment brings further duties:
- Ban on manipulative design (new Section 5e of the Consumer Protection Act): the interface must not deceive the consumer or impair their free decision-making; deceptive prioritised display of certain choices (dark patterns) is also prohibited.
- Ban on layering key information (Section 1843a of the Civil Code): basic pre-contractual information (the trader's identity, the main features of the service, the total price, taxes and costs, and information on withdrawal) must always appear in the first layer. Other information may be "packed" under expandable headings, but the consumer must be able to display, save and print everything as a single document.
- Reminder of the right of withdrawal (Section 1843(3) of the Civil Code): if the trader communicates the information less than a day before the contract is concluded, they must remind the consumer of the right to withdraw between the first and seventh day after conclusion.
- Call recording (Section 1844a of the Civil Code): the trader must state whether the call is being recorded.
- Right to human intervention: if the trader used only an automated tool (chatbot, robo-advice) to provide the explanation, the consumer has the right to a free explanation from a human, including after the contract is concluded.
- Reversed burden of proof (Section 1845a of the Civil Code): in case of doubt, the trader must prove that everything was duly explained.
For consumer loans, insurance or investment services, sector-specific legislation takes precedence (the Consumer Credit Act, the Insurance Distribution Act, the Capital Market Undertakings Act).
Penalties and supervision
Failure to introduce the button or to confirm a withdrawal carries a fine of up to CZK 5 million. Supervision is exercised by the Czech Trade Inspection Authority, and for financial services by the Czech National Bank.
What to do now
We recommend starting preparation early: adjust the online interface (button, two-step process, automatic confirmation), review the terms and conditions and pre-contractual information, and — for financial services — check the interface design and the information-layering setup. Being ready ahead of time carries no risk.
This article is for informational purposes only and does not replace individual legal advice. The legal framework evolves; we recommend verifying the current wording of the regulations and thresholds before a specific transaction.
