Vassilev & Chisuse Law Firm · 2026-10-05
As of 24 September 2026, the Bulgarian Consumer Protection Act introduces a mandatory online withdrawal function for distance contracts concluded through an online interface where the consumer has a statutory right of withdrawal. The requirement applies to traders concluding contracts with consumers through websites or mobile applications, including contracts for goods, services, digital content and financial services.
In this article, the expression “online withdrawal button” is used as a practical shorthand for the mandatory online function under Article 52a of the Consumer Protection Act. The statutory rules govern not only how the function is labelled, but also its accessibility, the information the consumer must be able to provide, confirmation of the withdrawal and the trader's obligations after the statement has been submitted.
Introducing an online withdrawal button is therefore not merely a technical change to a website or mobile application. Traders also need to review their pre-contractual information, terms and conditions, standard withdrawal instructions and the process for confirming and handling withdrawal statements.
The obligation under Article 52a of the Consumer Protection Act applies to distance contracts concluded through an “online interface”. The concept covers software, including a website or part of a website, as well as applications, including mobile applications.
The online withdrawal function must remain available throughout the entire period during which the consumer is entitled to withdraw from the contract. The new requirement does not create a right of withdrawal in cases where the law excludes that right.
The exceptions under Article 57 of the Consumer Protection Act remain unchanged. Examples identified in the underlying analysis include made-to-order goods, goods liable to deteriorate rapidly, certain accommodation services, transport of goods, car rental, catering and leisure activities to be provided on a specific date or during a specific period, as well as fully performed services subject to the relevant statutory conditions. Contracts excluded from the regime under Article 46, including the health and social services referred to in the analysis, also remain unaffected.
The fact that a contract is concluded online does not therefore mean that a right of withdrawal exists in every case. The online function is required throughout the period in which the consumer has such a right for the particular contract.
The withdrawal function must be labelled with the words “откажете се от договора тук” meaning “withdraw from the contract here”, or another similarly unambiguous and easily readable expression. It must be displayed in the trader's online interface in a visible and easily accessible manner and remain continuously available throughout the applicable withdrawal period.
The requirement is not satisfied merely by providing information about the right of withdrawal on a separate webpage. The consumer must have access to an online function through which the withdrawal statement can actually be submitted.
The online withdrawal function must enable the consumer easily to provide or confirm three categories of information: the consumer's name, information identifying the contract and details of the electronic means through which the consumer wishes to receive confirmation of the withdrawal.
The statutory requirement is that this information can be provided or confirmed easily. The underlying analysis therefore considers the pre-filling of information already known to the trader permissible and advisable. Requiring additional information or a justification for the withdrawal is not provided for and could make the exercise of the right more difficult.
Once the necessary information has been completed, the consumer must be able to submit the statement through a second function. That function must be labelled only with the words “потвърждавам отказа” meaning “confirm withdrawal”, or another similarly unambiguous and easily readable expression.
The online withdrawal process therefore includes both a function for initiating the withdrawal and a separate function for confirming it.
After the function is activated, the trader must send the consumer confirmation of receipt of the withdrawal on a durable medium, for example by email. The confirmation must contain information on the content of the withdrawal statement and the date and time on which it was submitted.
The confirmation must be sent “without undue delay, but no later than the end of the working day”. The law does not specify which working day is relevant where the statement is submitted on a non-working day or after normal working hours. The underlying analysis identifies immediate automatic confirmation as a solution to this practical issue.
For the purpose of determining whether the withdrawal was exercised within the applicable deadline, the decisive moment is when the online statement was submitted. If the consumer submits it before the withdrawal period expires, the right is considered to have been exercised on time. The time at which the trader's confirmation reaches the consumer is not decisive.
The online function under Article 52a is an additional, rather than the exclusive, method of exercising the right of withdrawal. Consumers retain the right to use the standard form in Appendix No. 6 to the Consumer Protection Act or to make any other unequivocal statement of withdrawal.
Traders may also continue to provide an electronic form on their websites under Article 52(4) of the Consumer Protection Act. The distinction is important. The electronic form under Article 52(4) is an option for the trader, whereas the online function under Article 52a is mandatory for contracts concluded online where the consumer has a right of withdrawal.
The new online withdrawal function therefore does not remove the other legally available methods by which consumers may exercise their right.
The introduction of the online withdrawal function also affects the trader's pre-contractual information obligations. When providing information about the right of withdrawal, the trader must now disclose the existence of the online function and identify the section of the online interface where it can be found.
The standard withdrawal instructions in Appendix No. 7 to the Consumer Protection Act have also been amended. For traders required to provide the online function, the instructions include mandatory wording informing consumers that they may exercise their right of withdrawal online, identifying where the function is located and explaining that use of the function will result in confirmation being sent on a durable medium containing the content, date and time of the withdrawal.
Traders using the standard instructions in their terms and conditions or withdrawal information must supplement them with the new wording. The technical implementation of the function should therefore be accompanied by a review of the relevant contractual and pre-contractual documentation.
The Consumer Protection Act does not expressly state whether access to the withdrawal function may be conditional on logging into a user account. This is a practical issue because a consumer may have concluded the contract without registering an account.
In view of the requirement that the function be “easily accessible” and the possibility that a consumer may have placed an order without an account, the underlying analysis considers it safer to make the function available without login. A link in the order confirmation email is identified as one possible approach.
This remains a practical approach, as the legislation itself does not expressly determine whether the mandatory function may be located exclusively behind a user login.
The legislation also does not expressly regulate all practical aspects of a contract concluded through the interface of a third-party online marketplace. The obligation rests with the trader, while the function is required to be displayed “in the trader's online interface”.
According to the underlying analysis, the trader remains responsible for providing the withdrawal function, while the practical solution depends on the tools made available by the relevant platform.
Traders selling through online marketplaces therefore need to take into account not only their own contractual processes but also the technical functionality offered by the platform.
Many traders offer a separate contractual cancellation option, sometimes subject to a fee. Where the consumer has a statutory right of withdrawal, such a contractual cancellation option cannot restrict that right.
An interface that directs the consumer towards paid cancellation instead of the free statutory right of withdrawal creates a risk of a sanction for obstructing the exercise of the right under Article 207 of the Consumer Protection Act.
Where a contractual cancellation service and the statutory right of withdrawal exist in parallel, the two mechanisms should therefore remain clearly distinguishable, without the paid option obstructing the statutory right.
Notification through the online withdrawal function also affects the subsequent statutory deadlines. The 14-day period within which the trader must refund amounts received and the 14-day period within which the consumer must return the goods also run from notification made through the online withdrawal function.
The technical process for receiving and recording an online withdrawal is therefore directly connected with the subsequent performance of the obligations of both the trader and the consumer.
A breach of Article 52a(1)-(5) of the Consumer Protection Act by a sole trader or legal entity is subject to a pecuniary sanction of EUR 700 to EUR 3,000 for each individual infringement under Article 206.
Obstruction of the right of withdrawal is subject to a pecuniary sanction of EUR 1,500 to EUR 3,000 for each individual infringement under Article 207(1).
For a widespread infringement or a widespread infringement with a Union dimension, the sanction may reach up to 4% of the turnover generated in Bulgaria during the preceding financial year under Article 203(1)(3).
Every website and mobile application through which contracts carrying a right of withdrawal are concluded must provide a “withdraw from the contract here” function and a “confirm withdrawal” function, together with a mechanism for sending confirmation on a durable medium. The requirement has applied since 24 September 2026.
Traders should also review their terms and conditions and the information provided on the right of withdrawal. These materials must identify where the online function is located and, where the standard instructions in Appendix No. 7 are used, include the wording required in connection with the new function.
Particular attention is required for sales through online marketplaces, access to the function through a user account and situations in which a separate contractual cancellation option is offered alongside the statutory right of withdrawal. In these cases, implementation must take into account the requirement that the function be easily accessible and that the statutory right of withdrawal must not be obstructed.
Vassilev & Chisuse Law Firm can assist with the legal review of the online withdrawal function, withdrawal information, terms and conditions and the process for confirming receipt of withdrawal statements. The review may also cover issues relating to access to the function, sales through online marketplaces and the relationship between the statutory right of withdrawal and separate contractual cancellation options.
This material reflects the legal framework as of 6 October 2026, is provided for information purposes only and does not constitute individual legal advice.