This is the first in a series of publications that will provide updates on material developments in the EU and Bulgarian consumer laws. The present publication focuses on the new “withdrawal function” requirement for online consumer contracts which was introduced with the recent amendments to the Bulgarian Consumer Protection Act in force as of 24 September 2026.

The impact of this new requirement on online traders may be significant. It goes beyond a mere user-experience and technical update to the online interface, as it may also require traders to review and update their legal documentation — including their terms and conditions, withdrawal policies and, where relevant, privacy notices — to reflect the new functionality and the manner in which consumers may exercise their right of withdrawal. This publication provides practical guidance on the new requirement, its implications for online traders and the key steps businesses should consider to ensure compliance.

1. Background

For distance contracts concluded through an online interface, the trader must enable the consumer can also withdraw from the contract by using a withdrawal function (commonly referred to as the “withdrawal button”). This new function does not replace but complements the existing methods for exercising consumer’s right of withdrawal from a distance contract. Moreover, it does not alter the existing substantive rules governing the exercise of the right of withdrawal, including the trader’s obligations concerning refunds and the return of goods.

The new requirement originates from Directive (EU) 2023/2673 of 22 November 2023. Although the primary objective of that Directive is the modernisation of the EU rules on distance marketing of financial services, it also introduces a mandatory electronic withdrawal function for all distance contracts concluded through an online interface where the consumer has a right of withdrawal.  

The rationale is simple: if a consumer can conclude a contract in a few clicks, withdrawing should be just as easy. The function is intended to prevent so-called “dark patterns” and burdensome cancellation processes that discourage consumers from exercising their right to withdraw – one of the key rights granted to consumers in online transactions.

2. The Withdrawal Function — How It Works

Scope

The obligation to implement a withdrawal function applies to all distance contracts concluded through an online interface (a website, mobile application, etc.) where the consumer has a statutory right of withdrawal. It does not expand existing withdrawal rights or change existing exemptions. Therefore, traders who conclude contracts excluded from the right of withdrawal (e.g. for supply of bespoke goods or of sealed goods which are not suitable for return due to health or hygiene reasons) are not subject to the withdrawal function requirement.

Labelling and Availability

The withdrawal function must be:

• labelled with the words “откажете се от договора тук” (“withdraw from contract here”) or a similar unambiguous, easily readable expression; The use of vague labelling that does not clearly indicate the withdrawal function may not satisfy this requirement.
• permanently available throughout the applicable withdrawal period;
• displayed in the online interface prominently and made easily accessible — no hidden links or complex navigation.

Online Withdrawal Statement

The function must let the consumer submit an online withdrawal statement and easily provide or confirm: (i) their name; (ii) details identifying the contract; and (iii) the electronic means (e.g. e-mail address) on which the confirmation will be sent.

Confirmation Step

After the consumer completes the withdrawal statement, the trader must present a confirmation function labelled only with the words “потвърждавам отказа” (“confirm withdrawal”) or a similarly clear expression. This second step helps prevent accidental withdrawals. The confirmation step should not be used to introduce unnecessary additional obstacles to withdrawal, such as mandatory surveys, retention offers or other steps that make the process more burdensome.

Acknowledgement of Receipt

After the consumer activates the confirmation function, the trader must send an acknowledgement of receipt on a durable medium, such as e-mail, without undue delay and no later than the end of the working day. The acknowledgement must include the content of the withdrawal statement and the date and time of its submission.

It is recommended that the withdrawal process should also generate an appropriate electronic record of the consumer’s withdrawal statement, including the date and time of submission, as this information may be important in demonstrating whether the right was exercised within the applicable period.

Pre-Contractual Information Requirement

In addition to introducing the withdrawal function, the pre-contractual information to be provided to consumers is also expanded. In particular, where a right of withdrawal exists and the contract is concluded through an online interface, traders must inform consumers about the existence and the section of the online interface where the withdrawal function is located, in addition to the existing information on the conditions, time limit and procedure for exercising the right of withdrawal. The standard instructions accompanying the model withdrawal form have also been updated to reflect the new withdrawal function.

3. Entry into Force

The withdrawal-function requirements have been in force since 24 September 2026. Traders operating online interfaces targeting Bulgarian consumers must already comply, as there is no transitional period. Non-compliance may also result in administrative penalties under the Consumer Protection Act.

As noted above, achieving compliance may require not only a technical update to the consumer journey on the online interface but also a review and update of legal documents, including terms and conditions, withdrawal instructions and pre-contractual information. Where contracts are concluded through third-party marketplaces or other platforms, traders should also assess how the new functionality will be implemented in those environments and clarify the respective responsibilities of the parties involved.