Germany's cancellation button (§ 312k BGB), explained

Who § 312k BGB applies to

The duty applies to businesses that let consumers conclude, through a website, a contract for a continuing obligation (Dauerschuldverhältnis) under which the business provides a paid service (§ 312k(1) sentence 1 BGB). Typical examples are subscriptions, memberships, subscription boxes, software and streaming subscriptions, and hosting. An ordinary one-off purchase is not a continuing obligation.

Excluded are contracts that by law may only be cancelled in a form stricter than text form, and websites and contracts concerning financial services (§ 312k(1) sentence 2 BGB).

What the button, the confirmation page and the confirmation must contain

• Cancellation button: clearly legible and labelled with nothing other than “Verträge hier kündigen” (“cancel contracts here”) or an equally unambiguous wording (subsection 2 sentence 2).
• Straight through: it leads directly to a confirmation page (subsection 2 sentence 3).
• Confirmation page: it asks for and lets the customer enter the type of cancellation (and the reason for an extraordinary one), details that clearly identify them, a clear description of the contract, the date the contract should end, and where to send the confirmation electronically (subsection 2 sentence 3 no. 1).
• Confirmation button: clearly legible and labelled with nothing other than “jetzt kündigen” (“cancel now”) or an equally unambiguous wording (subsection 2 sentence 3 no. 2).
• Always reachable: the buttons and the confirmation page must be permanently available and directly and easily accessible (subsection 2 sentence 4).
• Saving: the customer must be able to save their declaration with the date and time it was made on a durable medium, showing it was made through the button (subsection 3).
• Confirmation: you confirm immediately, electronically in text form (for example by email), its content, the date and time of receipt and the end date (subsection 4).

If the customer gives no end date, the cancellation takes effect at the earliest possible date (subsection 5). If the buttons or the confirmation page are missing, the customer may cancel at any time without notice (subsection 6).

What the BGH ruling of 16 July 2026 changed

Case I ZR 200/25 concerned a gym operator. Above the cancellation form, its confirmation page suggested pausing the contract free of charge instead, with its own button “Vertrag im Selfservice pausieren” (pause your contract in self-service). The Higher Regional Court of Düsseldorf had dismissed that part of the claim (judgment of 18 September 2025, 20 UKl 1/25).

The BGH reversed it: § 312k(2) sentence 3 BGB regulates the confirmation page conclusively. It may not contain any details, offers or information beyond that. Pause buttons, retention offers and advertising therefore don't belong on the confirmation page.

What the BGH hears on 5 November

On 5 November 2026 at 10:00, the BGH's First Civil Senate hears two cases on the same question: does it breach § 312k BGB if customers have to enter their login details to cancel?

I ZR 272/25: the Federation of German Consumer Organisations against a provider of internet services such as web hosting. Its “Vertragsbeendigung” (end contract) button led to a login with customer number and password; cancelling happened in the protected customer area.

I ZR 275/25: the Wettbewerbszentrale (Centre for Protection against Unfair Competition) against a streaming service. On its confirmation page, customers had to enter their email address or phone number and their password.

In both cases the Berlin Court of Appeal (Kammergericht) found for the claimants (5 UKl 10/25 and 5 U 6/25). How the BGH will decide, and whether it announces its judgment on 5 November itself, is open. We will update this page once there is a decision.

Checklist for shop owners

• § 312k BGB applies if consumers can conclude a paid contract that runs over time with you online.
• “Verträge hier kündigen” is clearly visible on every page, for example in the footer.
• The button leads straight to the confirmation page, with no FAQ or extra step in between.
• The confirmation page asks only for the five statutory details: no pause option, no retention offers, no advertising.
• The second button says “jetzt kündigen”.
• The customer can save a receipt with the date and time, for example as a page or PDF.
• The confirmation email goes out immediately, with the content, time of receipt and end date.
• Login: open until the BGH decides. A path without a login avoids the question altogether.
• Test logged out, on a phone, and with caching, maintenance mode and the cookie banner active.
• Record incoming cancellations and carry them out on time.

Common mistakes

• Your own labels instead of the statutory ones. In the 16 July case the confirmation button said “Vertrag finden” (find contract); the defendant had already accepted that claim before the Higher Regional Court.
• Pause options, discounts or “please stay” messages on the confirmation page (BGH, I ZR 200/25).
• The button leads to an email address, a contact form or a help page instead of the confirmation page.
• Cancelling only after logging in: the Kammergericht objected to this in both cases, and the appeals are now before the BGH.
• The confirmation is missing, or leaves out the date and time of receipt or the end date.
• The page can't be reached because caching, maintenance mode or a plugin conflict blocks it.

Sources

• § 312k BGB on gesetze-im-internet.de (Federal Ministry of Justice)
• BGH press release no. 128/2026: judgment of 16 July 2026, I ZR 200/25
• BGH hearing notice: 5 November 2026, I ZR 272/25 and I ZR 275/25

All sources accessed on 31 October 2026. The court documents are in German.