(R)evolution in interfaces used to conclude distance contracts

Its purpose is to implement two EU directives: Directive 2023/2225 on consumer credit agreements¹ and Directive 2023/2673 on online financial services agreements².

The draft was prepared by the President of the Office of Competition and Consumer Protection (the “OCC”) and, along with the new Consumer Credit Act, makes significant amendments to the Consumer Rights Act (the “CRA”) and other laws. Those amendments include:

• new definitions (e.g., of an internet interface)
• clarification of the scope of application of the provisions of the CRA to agreements concerning financial services concluded at a distance and framework agreements (e.g., to open a bank account)
• an updated catalogue of what information must be provided to consumers prior to the conclusion of a distance financial service agreement (including the manner and form of transmission, such as voice telephone messages or the possibility of receiving layered information)
• an obligation to ensure that information is accessible to persons with disabilities
• an additional right of consumers to request human contact prior to concluding a financial service contract when automated tools (such as chatbots) are used
• clarification of the rules on withdrawing from a distance financial service agreement for a financial service provided before withdrawal.

The new withdrawal regulations are especially noteworthy, for they apply to all traders selling or providing services online and concluding contracts with consumers through a web interface.

Web interface - definition

The draft introduces to the CRA a definition of a web interface identical to the one found in the Digital Services Act; it covers computer software, websites and applications, including mobile applications.

Step one – ‘Withdraw from contract here’

Under the draft, it must be possible for a consumer to withdraw from a contract by means of a clearly marked 'Withdraw from contract here' button (function) (or equivalent wording). The process involves two steps.

Significantly, this obligation applies not only to contracts concerning financial services, but to all distance contracts concluded via a web interface that fall under the provisions of the CRA.

The new function (button) should:

• be easily accessible, legible and visible on the website and in the app throughout the period during which the consumer has a right of withdrawal
• be clearly labelled 'Withdraw from contract here' (or other equivalent wording)
• make it possible to determine whether the consumer is withdrawing from the contract in full or in part (e.g., by ticking boxes next to goods or services).

The entire process must not require redirection to another website, meaning that data should be entered or confirmed at the same interface. In the case of automatic data generation, the consumer should be able to edit the data. And in the case of confirmation, the consumer should also be able to choose what electronic means is used, or to propose their own.

These new features mean that the content of the instruction on the statutory right of withdrawal for distance contracts will also need to be updated to make it clear where on the website or app the consumer can use the withdrawal function.

Step two – ‘Confirm withdrawal’

There must be an easily accessible withdrawal confirmation function - e.g., a 'Confirm withdrawal' button (or equivalent). This is to ensure that the consumer's decision to withdraw is an informed one.

To be compliant with the new requirements, traders must implement both a withdrawal button and a confirmation button. The draft stipulates that the confirmation function is part of the withdrawal function.

Moreover, the trader must promptly provide the consumer with confirmation of their withdrawal, on a durable medium. Existing ways of withdrawing, such as by email, are still allowed.

From design to operation - new unfair practices in distance financial services

The draft also contains general provisions on interfaces used in financial services. A trader who concludes distance financial services contracts with consumers may not design, organise or operate its online interfaces in a way that misleads consumers, manipulates their decisions, or otherwise materially impedes or limits their ability to make an informed choice.

To this end, the legislator has proposed an open catalogue of new prohibited practices regarding interfaces, under which it will be prohibited to:

• highlight one of the available choices (‘pre-selection’)
• repeatedly ask the consumer to confirm a choice he or she has already made (e.g., by using pop-ups that disrupt the user environment)
• use an opt-out procedure that is more difficult (more complicated) than the subscription procedure.

If you can't change the interface, don't use it

In the case of financial services, if the online interface is designed, organized or operated in a manner contrary to the regulations, the trader will not be able to use it to conclude distance financial services contracts with consumers.

The new rules and the regulator's existing activities

The new rules are in line with the existing activities of the OCC, which has been intensively screening online interfaces for several years. In 2024, it revealed that more than 75 per cent of the e-commerce sites examined used at least one dark pattern, and 66 per cent used two or more. The most common practices were:

• pre-selection - automatic selection of the most expensive option
• social proof - messages such as 'most selected'
• bogus promotion counters
• hindered cancellation of services

In response to these findings, the OCC also launched a project using artificial intelligence to detect dark patterns, and produced a White Paper that makes recommendations on ethical interface design for business and regulators .

Revolution or evolution?

For many businesses, the new regulations mean that significant changes will have to be made to the design and operation of web interfaces, particularly in the financial services sector.

Some businesses already have a feature that allows online contract withdrawal, such as a button in the customer panel. However, few have envisaged the second step - confirmation of withdrawal - which will now be mandatory. In this sense, the changes are not a total revolution, but they do represent an important clarification and harmonisation of standards already present today.

Importantly, the new obligations will apply to all entrepreneurs, regardless of company size or industry - there are no exemptions for SMEs. This means that even small online shops will have to adapt their interfaces to the new requirements.

The implementation of the new rules may involve some difficulties:

• a need to adapt interfaces technically - especially in older e-commerce systems
• a need to train the UX/UI and legal teams
• a need to update legal documentation (such as the content of the right of withdrawal notice) and customer communications
• a risk of dark patterns being used inadvertently - e.g., in ready-made shop templates.

What's next?

According to the draft law, the new provisions on withdrawal functions and web interfaces should come into force on 19 June 2026.

It’s worth planning for the changes now - to avoid sanctions, but also to build customer trust.

Activities should include:

• running a UX/UI audit of whether and to what extent existing interfaces meet the new requirements
• checking whether existing "Withdraw from contract here" and "Confirm withdrawal" functions comply with the draft regulations
• training the IT and marketing teams to avoid unfair design practices
• planning changes at the level of regulations and policies.

If you have any questions about the above regulatory changes or other issues related to consumer protection and the legal regulation of e-commerce, feel free to contact us.

¹Directive (EU) 2023/2225 of the European Parliament and of the Council of 18 October 2023 on credit agreements for consumers and repealing Directive 2008/48/EC.
²Directive (EU) 2023/2673 of the European Parliament and of the Council of 22 November 2023 amending Directive 2011/83/EU as regards distance contracts for financial services and repealing Directive 2002/65/EC.