# Distance selling to consumers — CRD and pricing

Status as at 2026-08-05.

**Directive 2011/83/EU** (Consumer Rights Directive), amended four times: Directive (EU) 2015/2302, **Directive (EU) 2019/2161** (Omnibus), **Directive (EU) 2023/2673** (distance financial services, applicable **19.06.2026**) and **Directive (EU) 2024/825** (empowering consumers for the green transition, applicable **27.09.2026**).

A **Directive**. Every rule below reaches a consumer only through the national transposition. Never write "under Art 6(1) of Directive 2011/83/EU you have the right to …" in a customer-facing text — cite the national provision, or describe the right without a citation.

## Dating trap

There is no consolidated CRD version dated 19.06.2026. The text applicable today is the **28.05.2022 consolidation plus Directive (EU) 2023/2673**, whose provisions apply from 19.06.2026. The **27.09.2026 consolidation** carries the 2024/825 changes and is **not yet applicable**. Two live cut-offs to keep in a compliance plan:

| Date | Change |
|---|---|
| 19.06.2026 (already in force) | Art 11a **withdrawal function** on online interfaces; Art 6(1)(h) extended to cover it; Chapter IIIa for distance financial services; Directive 2002/65/EC repealed |
| 27.09.2026 (7 weeks out) | Art 6(1)(l), (la), (lb), (lc), (u), (v) durability, update-period, reparability and spare-parts information; Art 8(2) first subparagraph extended to (la); Annex I UCPD grows from 35 to 47 blacklisted practices |

## Scope — Art 3(1a)

The CRD applies where the trader supplies digital content not on a tangible medium, or a digital service, and the consumer provides **personal data** rather than money — **except** where the personal data are processed exclusively to supply that content or service, or to comply with legal requirements, **and** the trader does not process them for any other purpose. Both limbs must hold to escape.

Consequence: a free app monetised by advertising is inside the CRD.

## Art 6(1) — precontractual information for distance contracts

| Point | Content |
|---|---|
| (a) | main characteristics of the goods or services |
| (b) | identity of the trader, e.g. trading name |
| (c) | geographical address of establishment, telephone number **and email address**; plus any other online communication means that guarantees the consumer can keep written correspondence with date and time on a durable medium. All means must allow quick, efficient contact |
| (d) | complaints address if different from (c) |
| (e) | total price including taxes, plus all delivery, freight and postal charges or, where they cannot be calculated in advance, the fact that they may be payable; for indeterminate or subscription contracts, the total per billing period and total monthly costs |
| **(ea)** | **where applicable, that the price was personalised on the basis of automated decision-making** |
| (f) | cost of the means of distance communication where above basic rate |
| (g) | payment, delivery and performance arrangements, delivery time, complaint-handling policy |
| (h) | conditions, time limit and procedure for withdrawal, **and the model withdrawal form in Annex I(B)** — since 19.06.2026 also the existence and placement of the Art 11a withdrawal function |
| (i) | that the consumer bears the cost of returning goods, and for goods not returnable by post, that cost |
| (j) | liability to pay reasonable costs under Art 14(3) after an Art 7(3)/8(8) request |
| (k) | that no withdrawal right exists under Art 16, or when it is lost |
| (l) | reminder of the legal guarantee of conformity **for goods, digital content and digital services** |
| (m) | after-sales assistance and commercial guarantees |
| (n) | codes of conduct |
| (o) | contract duration and termination conditions for indeterminate or auto-renewing contracts |
| (p) | minimum duration of consumer obligations |
| (q) | deposits and financial guarantees |
| (r) | functionality of goods with digital elements, digital content and digital services, including technical protection measures |
| (s) | compatibility and interoperability the trader knows or ought to know of |
| (t) | out-of-court complaint and redress mechanism the trader is subject to, and how to access it |

**Art 6(6): if the additional charges under (e) or the return costs under (i) are not disclosed, the consumer does not bear them.** Art 6(9): the burden of proving compliance is on the trader.

From 27.09.2026: (g) adds environmentally friendly delivery options where available; (l) is replaced with a reminder that must state the **minimum two-year** guarantee and use the harmonised notice under the new Art 22a; (la) producer's free commercial guarantee of durability exceeding two years via the harmonised label; (lb) legal-guarantee reminder for digital content and services; (lc) minimum software update period; (u) reparability score; (v) spare parts availability, cost and ordering, repair instructions and repair restrictions.

## Art 6a — online marketplaces

Before the consumer is bound, the marketplace provider must give, clearly and comprehensibly:

- (a) the **main parameters determining the ranking** of offers and their relative importance versus other parameters, in a **specific section of the online interface directly and easily accessible from the page where the offers are presented**
- (b) whether the third party offering the goods or services is a **trader or not**, based on that third party's declaration
- (c) where the third party is **not** a trader, that Union consumer protection rights do not apply to the contract
- (d) where applicable, how contractual obligations are **split** between the third party and the marketplace

Art 6a(2): member states may add proportionate marketplace information requirements. This is a national-option point.

## Art 8(2) — the order button

Subparagraph 1: for distance contracts by electronic means that place the consumer under an obligation to pay, the trader must make the consumer aware **clearly, prominently and directly before the consumer places the order** of Art 6(1)(a), (e), (o) and (p). From 27.09.2026, (la) joins that list.

Subparagraph 2, the operative rule: the trader must ensure that the consumer, when placing the order, **explicitly acknowledges that the order implies an obligation to pay**. If placing the order entails activating a button or similar function, that button must be labelled in an easily legible manner **only** with the words "order with obligation to pay" or a corresponding unambiguous formulation.

**Sanction, verbatim: "If the trader has not complied with this subparagraph, the consumer shall not be bound by the contract or order."** No fine needed — the contract simply fails.

The national wording is what binds. Each member state transposed its own formula ("zahlungspflichtig bestellen", "commande avec obligation de paiement", "ordine con obbligo di pagare"). Never translate the directive's English phrase into a member state's language and treat it as compliant. That is the national skill's job.

"Submit", "Continue", "Sign up", "Start now", "Order" alone: non-compliant.

## Art 11a — the withdrawal function ("withdrawal button")

Inserted by Directive (EU) 2023/2673, **applicable since 19.06.2026**.

For distance contracts concluded **by means of an online interface**, the trader must let the consumer withdraw using a **withdrawal function**:

- labelled "withdraw from contract here" or an unambiguous corresponding formulation, easily legible
- **continuously available throughout the withdrawal period**, prominently displayed, easily accessible
- 11a(2): the function lets the consumer send an online withdrawal statement giving or confirming the consumer's name, details identifying the contract, and the electronic means for the confirmation
- 11a(3): a **separate confirmation function labelled only with "confirm withdrawal"** or an unambiguous corresponding formulation
- 11a(4): the trader must acknowledge receipt on a durable medium without undue delay, including the content of the statement and the date and time of submission
- 11a(5): timeliness is keyed to submission of the online statement

**Scope is not limited to financial services.** Recital 37 of Directive (EU) 2023/2673 states the obligation applies not only to distance contracts for financial services but to all distance contracts subject to the right of withdrawal under Directive 2011/83/EU.

This is the single most under-implemented obligation on EU webshops as at August 2026. It is **not** the German § 312k BGB cancellation button, which addresses termination of continuing contracts, not withdrawal. Do not conflate them.

## Price reductions — Art 6a Directive 98/6/EC

Inserted by the Omnibus, applicable since 28.05.2022.

- 6a(1): any announcement of a price reduction must indicate the **prior price** applied by the trader for a determined period before the reduction.
- 6a(2), verbatim: "**The prior price means the lowest price applied by the trader during a period of time not shorter than 30 days prior to the application of the price reduction.**"
- 6a(3)–(5): member-state options for fast-perishing goods, for products on the market under 30 days, and for progressively increased reductions. National layer.

**CJEU Case C-330/23, Verbraucherzentrale Baden-Württemberg v Aldi Süd, judgment of 26.09.2024.** A price reduction announced as a percentage, or as a promotional statement highlighting the advantageous nature of the price, must be **calculated on the basis of the prior price** within Art 6a(2). Displaying the 30-day low somewhere on the page while computing "-40 %" against a higher reference is a breach.

Penalties under Art 8 of Directive 98/6/EC — criteria only, no 4 % ceiling there.

## Consumer reviews and ranking — UCPD hooks

- **Annex I point 23b** (per se unfair): stating that reviews of a product are submitted by consumers who have actually used or purchased it **without taking reasonable and proportionate steps to check** that they originate from such consumers.
- **Annex I point 23c**: submitting or commissioning false consumer reviews or endorsements, or misrepresenting consumer reviews or social endorsements, to promote products.
- **Art 7(6) UCPD**: where a trader provides access to consumer reviews, information on **whether and how** it ensures reviews come from actual purchasers or users is material information.
- **Art 7(4a) UCPD**: where consumers can search across offers from different traders or consumers, the main ranking parameters and their relative importance are material information, presented in a specific, directly accessible section of the interface. Does **not** apply to online search engines as defined in Art 2(6) Regulation (EU) 2019/1150.
- **Annex I point 11a**: providing search results in response to a consumer's query **without clearly disclosing any paid advertisement or payment for higher ranking**.
- **Personalised pricing**: CRD Art 6(1)(ea); also listed in Annex II UCPD as an Art 7(5) material-information item.

## Penalties

Fines of at least 4 % of the trader's annual turnover in the member states concerned are required only for **widespread infringements** coordinated under Art 21 of Regulation (EU) 2017/2394, with a fallback of at least EUR 2 million where turnover figures are unavailable. The provisions are **CRD Art 24(3)/(4)**, **UCPD Art 13(3)/(4)** and **Directive 93/13/EEC Art 8b(4)/(5)**. It is not a general per-breach maximum. Do not cite "Art 8b CRD" — Art 8b is in Directive 93/13/EEC; CRD penalties are Art 24.

## Template — checkout obligations block

```html
<!-- DRAFT – NOT LEGALLY APPROVED -->
<section aria-label="Order summary">
  <h2>Your order</h2>
  <ul>
    <li>[[ITEM]] — [[MAIN CHARACTERISTICS, SHORT]]</li>
  </ul>
  <p>Total including [[VAT RATE]] VAT: [[TOTAL]]</p>
  <p>Delivery: [[SHIPPING COST]] — delivered by [[DATE OR PERIOD]]</p>
  <p>Contract term: [[DURATION]] · Termination: [[CONDITIONS]]</p>
  <p>[[Where applicable: This price was personalised on the basis of automated decision-making.]]</p>

  <button type="submit">[[NATIONAL STATUTORY ORDER-BUTTON WORDING]]</button>
</section>
```

The button label is a `[[MISSING: national order-button wording for <member state>]]` until the national transposition is checked. Never fill it from the English directive text.

## Checkpoints

- [ ] Order button carries the **national** statutory wording; nothing else on the button (Art 8(2))
- [ ] Order summary immediately above the button with Art 6(1)(a), (e), (o), (p)
- [ ] Total price inclusive of taxes, delivery charges shown separately and before the order
- [ ] Personalised pricing disclosed where automated decision-making sets the price (Art 6(1)(ea))
- [ ] Trader identity, geographical address, telephone **and** email present (Art 6(1)(c)) — a contact form alone is not enough
- [ ] Withdrawal information plus the model form in Annex I(B) supplied (Art 6(1)(h))
- [ ] **Withdrawal function built and continuously available throughout the withdrawal period, with a separate "confirm withdrawal" step and a durable-medium acknowledgement (Art 11a, since 19.06.2026)**
- [ ] Legal-guarantee reminder present (Art 6(1)(l)); plan in place for the 27.09.2026 durability, update-period, reparability and spare-parts additions
- [ ] Return cost disclosed, or the trader bears it (Art 6(6))
- [ ] Marketplace: ranking parameters, trader/non-trader status, non-application of consumer law, split of obligations (Art 6a)
- [ ] Price reduction percentages computed against the 30-day low, not against a list price (Art 6a Dir 98/6/EC; C-330/23)
- [ ] Review authenticity: verification steps actually taken and described, or the claim removed (Annex I 23b, Art 7(6) UCPD)
- [ ] No paid ranking presented as organic (Annex I 11a)
- [ ] No ODR-platform link anywhere in the checkout, terms or order emails
- [ ] Every consumer-facing citation points at national law, not at a directive article
- [ ] All `[[…]]` placeholders resolved or reported as open