Withdrawal Button for Consumer Loans: What Applies After Transposition of the CCD II?

Since June 2026, consumers have been able to withdraw from many contracts concluded online just as easily as they concluded them. The electronic withdrawal function under Section 356a of the German Civil Code (BGB) was introduced for this purpose. Consumer loans, however, are subject to a withdrawal regime of their own. With the now also completed transposition of the EU Consumer Credit Directive (Directive (EU) 2023/2225; CCD II), the question arises: Must credit institutions also provide a withdrawal button for consumer loans concluded online?

New Rules for Online Withdrawal

Directive (EU) 2023/2673 (the EU Distance Financial Services Directive) supplemented the Consumer Rights Directive with new requirements for distance contracts – including financial services. A key element is the electronic withdrawal function: where a distance contract is concluded through an online interface, the consumer should in principle also be able to withdraw from it directly through that interface.

At national level, the requirements were transposed by the Act amending consumer contract law and insurance contract law and amending the law on medical treatment contracts. The Act was promulgated on 5 February 2026; its main provisions have applied since 19 June 2026.

The central provision is the new Section 356a BGB. It requires that, for distance contracts concluded through an online interface, a permanently available, prominently placed and easily accessible function “Withdraw from contract” or an equivalent function be provided.

What Does the CCD II Change for the Withdrawal from Consumer Loans?

In parallel, the CCD II was transposed into national law by the Act Transposing Directive (EU) 2023/2225 on Consumer Credit Agreements and Regulating the Promotion of Climate-Neutral Mobility. The German transposition act was promulgated on 18 May 2026 and applies, for the most part, from 20 November 2026.

For general consumer loans, the right of withdrawal is expressly redefined. Under Section 356b(1a) BGB (new version), the withdrawal must be declared, at the borrower’s choice, on paper or on another durable medium specified in the loan agreement. If the consumer actually uses a different durable medium, the withdrawal is not invalid for that reason alone.

Correspondingly, Art. 247 Section 6(2) of the Introductory Act to the Civil Code (EGBGB) (new version) requires the general consumer loan agreement to specify the durable medium chosen by the borrower for the withdrawal. A maximum period is also new: where the withdrawal information was provided correctly, the right of withdrawal expires no later than twelve months and 14 days after the conclusion of the contract. The previous statutory model form in Annex 7 EGBGB is repealed.

For real estate consumer loans, by contrast, the special withdrawal information under Annex 8 EGBGB generally remains in place; the new choice of durable medium under Section 356b(1a) BGB does not apply to them.

Withdrawal Button and Consumer Loans: Two Regulatory Regimes Meet

Notably, the CCD II transposition act contains no express provision on a withdrawal button for consumer loans. In Section 356b(1a) BGB, the legislator specified in detail how the withdrawal from a general consumer loan may be declared, without referring to the electronic withdrawal function of Section 356a BGB.

This suggests a separate, more specific regime for the withdrawal from credit agreements. Section 312g(3) no. 1 BGB likewise clarifies that the general right of withdrawal for distance contracts does not apply where the consumer already has a right of withdrawal under the special provisions on consumer loans.

The relationship to Section 356a BGB is, however, not fully resolved. Its wording covers generally “distance contracts concluded through an online interface” and does not expressly exclude consumer loans. The explanatory memorandum to the Act also stresses the broad scope of the electronic withdrawal function for distance contracts on financial services (cf. Recital 37 of Directive (EU) 2023/2673).

In addition, Directive (EU) 2023/2673 in principle contains precedence rules for financial services governed by sector-specific legislation, while the CCD II for its part provides for a fully harmonised withdrawal regime. The interface between the two sets of rules therefore remains open to interpretation.

What Does This Mean for Credit Institutions?

The new consumer credit law does not impose an express obligation to provide a button specifically for consumer loans. For general consumer loans, credit institutions must first ensure, from 20 November 2026, that the new requirements of Section 356b(1a) BGB and Art. 247 Section 6(2) EGBGB are implemented in the contract and in the withdrawal process.

For consumer loans concluded entirely via a website or app, Section 356a BGB should nevertheless not be disregarded. Given its broad wording and the not yet expressly resolved overlap with the special consumer loan rules, there is much to be said for technically opening up the electronic withdrawal function as a precaution for consumer loans concluded online as well.

This applies all the more where the online interface already offers a general withdrawal function. If a consumer loan is clearly withdrawn from through that function, the declaration should not be rejected merely because this transmission channel was not selected in the loan agreement: for general consumer loans, Section 356b(1a) sentence 2 BGB (new version) expressly clarifies that the use of a different durable medium does not in itself result in invalidity.

A clear separation is therefore advisable for credit institutions: the statutory withdrawal information and transmission channels must be implemented according to the respective type of loan. In addition, for fully digital conclusion journeys, it should be examined whether the withdrawal function under Section 356a BGB is also technically made available for consumer loans. In this way, the remaining legal uncertainty can be reduced with manageable implementation effort.