Blog / German cancellation button
Germany's top court on 5 November: may a shop require a login to cancel?
On Thursday 5 November 2026 at 10:00, the Bundesgerichtshof (BGH) hears two cases on Germany's cancellation button, § 312k BGB. The question: may a business ask for login details after the customer clicks the button?
The two cases
The court described both cases in its press release no. 133/2026:
- I ZR 272/25 (brought by the Federation of German Consumer Organisations, vzbv): after clicking the footer button "Vertragsbeendigung", customers had to log in with their customer number and password to continue cancelling in their account.
- I ZR 275/25 (brought by the Wettbewerbszentrale): a streaming service sent customers from the cancellation button to a confirmation page that asked for their email address or phone number and their password.
What the lower courts decided
The Kammergericht in Berlin ruled for the claimants in both cases (18 November 2025, 5 UKl 10/25, and 11 November 2025, 5 U 6/25; first instance in the first case: LG Berlin II, 27 November 2024, 97 O 81/23). According to the BGH's press release, the Kammergericht found that the button did not lead directly to a permanently available confirmation page, as § 312k(2) sentences 3 and 4 require, when the customer first had to enter a customer number and password.
The outcome is open. The BGH often announces its judgment on a later date rather than on the day of the hearing.
What is already settled
- Websites that sell contracts with a term to consumers need a "Verträge hier kündigen" button (or equally clear wording), always available and easy to reach.
- It leads to a confirmation page with the statutory details and a "jetzt kündigen" button, followed by an immediate confirmation in text form, for example by email.
- Since the BGH's judgment of 16 July 2026 (I ZR 200/25), offers such as "pause your contract instead" do not belong on that confirmation page.
What to check now
- Click through your own cancellation path while logged out, ideally on a phone.
- Does the path ask for a password or a login after the button? That is exactly what the court hears on 5 November.
- Does the confirmation page show anything besides the statutory details and "jetzt kündigen"? That was settled in July.
- Does the confirmation email arrive immediately, with the date and time of receipt?
A cancellation path with no login and no retention offers is not affected by the open question. We will update this post and our guide once the court has decided.