Streaming subscription, mobile phone contract or online membership: anyone who can take out a continuous obligation online must generally also be able to cancel it online without complication.
You know how it goes: a new series has come out, and you happen not to have the right subscription. Fortunately, that is quickly sorted. After two clicks, an email address, PayPal details, a tick in a box, and you are straight into the latest season of your favourite series.
If you want to cancel this contract again months later, however, a minor digital odyssey not infrequently begins. The cancellation button is simply nowhere to be found. Instead, special offers, discounts or the polite question of whether you would rather „pause“ the contract appear. The cancellation unexpectedly turns into a sales pitch again.
The legislature and the courts have long since set clear limits on such dismissal labyrinths.
The cancellation button is not a friendly extra
Anyone offering continuous obligations that can be concluded online (e.g. streaming subscriptions or mobile phone contracts) must provide consumers with a under Section 312k of the German Civil Code (BGB) cancellation button provide. And this must not be buried somewhere deep in the depths of the website. The button must instead
- constantly available and
- be both immediate and easily accessible.
The further path after clicking the cancellation button is also precisely prescribed by law: the cancellation button must lead directly to a Confirmation page lead.
Only the information specified in Section 312k(2) sentence 3 of the German Civil Code (BGB) may be requested here (such as for the identification of the person, the clear designation of the contract, the type and time of cancellation, and the email address to which the cancellation confirmation is to be sent). The confirmation page must contain a clearly legible confirmation button, which is labelled with words such as „cancel now“.
No room for a redundancy obstacle course
Also regarding a potential „cancellation gauntlet“, the Federal Court of Justice recently provided clarity (judgment of 16.07.2026, ref. I ZR 200/25).
A company confronted customers on the confirmation page with a „save offer“ and the option to pause the contract instead.
According to the Federal Court of Justice (BGH), Section 312k(2) sentence 3 of the Civil Code (BGB) exhaustively regulates what may be requested and displayed on the confirmation page. No further details, offers or information have any place there. The Karlsruhe judges justify this, among other things, by the strict, two-stage procedure intended by the legislature: with the first click on „Cancel contract here“, the intention to cancel is already unequivocally declared, and the cancellation declaration itself only takes place via the confirmation button.
There is no room for distraction in between.
At this point, the business should no longer be permitted to influence the consumer towards a different decision. Discount offers, alternative contract models, or the option simply to „pause“ the contract therefore have no place in this intermediate space. The legislative mechanism specifically does not provide for a second sales opportunity.
A „How about a break?“ on the path to cancellation is not merely sensationalist in design, it is unlawful. And this is regardless of whether the cancellation ultimately remains technically possible anyway. The mere risk that consumers might be unsettled or distracted from their actual goal is sufficient.
The potential consequence: right to summary dismissal
However, the real masterstroke of Section 312k of the German Civil Code (BGB) for consumers lies in its legal consequence.
If the mandatory cancellation button is missing or is not provided properly, Section 312k paragraph 6 of the German Civil Code (BGB) may apply. The contract can be terminated at any time and without observing a notice period.
Anyone who still thought they were bound for months can under certain circumstances terminate the contract with immediate effect. This is not merely a „DIN standard“ for website design, but a regulation with very tangible consequences for the existence and payment obligation of the contract. Naturally, all other rights of extraordinary termination also remain unaffected.
First screenshot, then the cancellation
One point is often overlooked in practice: anyone who relies on a missing or defective termination option must also be able to prove this in case of doubt.
It is therefore not enough simply to cancel and trust that the provider will later remember the exact layout of their own website.
It is wiser to document the process:
- Screenshot of the website or customer account,
- Screenshot or screen recording of the entire cancellation process.
Especially with dynamic websites, the design can change quickly. Anyone who preserves evidence while the infringement is still visible is in a significantly better position later on.
Tip: Anyone wishing to cancel an ongoing contract concluded online and who does not encounter a proper cancellation button should not resign themselves to the situation prematurely and simply carry on paying.
Instead, it is worth doing a quick check:
- Is Section 312k of the Civil Code (BGB) applicable to the specific contract at all?
- Is the legally required cancellation button actually missing, or is it not working properly?
- How was the dismissal process structured in detail? Was I forced to go through a „termination gauntlet“?
This post is for general information only and does not constitute legal advice. It cannot and is not intended to replace individual legal advice in specific cases. Every situation has particularities that may require a different legal assessment. To assess your personal situation and develop a solution tailored to your case, obtaining qualified legal advice is recommended.