1. What is this about?
The Consumer Rights Amendment Act 2026 ("Verbraucherrechts-Änderungsgesetz 2026", VerbRÄG 2026) is currently under political discussion. This Act transposes two EU Directives (Directive (EU) 2023/2673 and Directive (EU) 2024/825) into national law, resulting in extensive amendments to the "Fern- und Auswärtsgeschäfte-Gesetz" (FAGG).
Relevant changes include, amongst other things:
the repeal of the "Fern-Finanzdienstleistungs-Gesetzes" (FernFinG) and the inclusion of a separate section in the FAGG dealing with distance contracts for financial services, and
the mandatory introduction of a "withdrawal button" in online shops.
2. ″Withdrawal Button″ in all online shops: What exactly is it?
An important change applies to all distance contracts (note: not limited to financial services) concluded via an online user interface (e.g. an online shop). Consumers must be provided with a cancellation function which, prominently displayed on the user interface, is easily accessible throughout the entire withdrawal period: the withdrawal button (§ 13a FAGG). The button must be clearly legible and labelled with unambiguous wording (e.g. ‘withdraw from contract here’).
When the button is clicked, an online withdrawal form appears. The online withdrawal form must contain the following details, which the consumer must complete or confirm:
- The consumer’s name,
- Details identifying the contract from which withdrawal is to be declared,
- Details of the electronic means of communication (e.g. email, messaging service, app) via which the confirmation of receipt is to be sent to the consumer.
The consumer must then be able to submit the online notice of withdrawal to the trader by clicking a confirmation button. This button must also be clearly legible and labelled exclusively with the words ‘Confirm withdrawal’ or an equivalent unambiguous phrase (e.g. ‘Confirm cancellation’).
The trader must then immediately send the consumer a confirmation of receipt on a durable medium. This must include the content of the notice of withdrawal as well as the date and time of receipt.
The right of withdrawal is exercised in good time provided that the online notice of withdrawal was submitted before the expiry of the deadline (14 days).
Please note: It is not just the presence of a button that matters, but a smooth flow of the entire withdrawal process! Online shop owners must check the following:
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3. What changes are being introduced for financial services contracts concluded at a distance?
3.1What changes are being made to distance contracts for financial services?
The provisions governing financial services contracts concluded with a consumer at a distance have, to date, been set out in the FernFinG. For this reason, such contracts have previously been excluded from the scope of the FAGG. Directive (EU) 2023/2673 is now intended to harmonise the legal framework and – as is customary – to improve transparency and competition.
In Austria, the implementation of this Directive will, in particular, lead to the repeal of the FernFinG and the integration of the provisions governing distance contracts for the provision of financial services into the FAGG. In future, the provisions concerning
pre-contractual information obligations (§ 18a),
the consumer’s right of withdrawal (§§ 18b and 18c) and
adequate explanations which the trader must provide to the consumer (§ 18d),
will be found there.
3.2 What do the new pre-contractual information requirements under § 18a of the FAGG entail?
They largely correspond to the provisions of the FernFinG, but have been modernised and supplemented, for example with the obligation to
expressly inform the consumer if the price of the financial service is personalised on the basis of automated decision-making,
to disclose relevant information regarding financial services with environmental or social objectives (ESG).
3.3 What are the changes to the right of withdrawal under §§ 18b and 18c FAGG?
If the consumer has not received the terms and conditions of the contract and the pre-contractual information, they may withdraw from the distance contract within twelve months and 14 days of its conclusion (there is no longer a ‘perpetual’ right of withdrawal). An exception applies if the consumer has not been informed of their right of withdrawal.
The right of withdrawal is exercised in good time if the notice of withdrawal was sent before the expiry of the withdrawal period, even if it only reaches the financial services provider after the end of the withdrawal period.
3.4 What is the duty to provide "adequate explanations" under § 18d FAGG?
To enable the consumer to assess whether the contract offered and the ancillary services meet their needs and are appropriate to their financial situation, the trader must provide the consumer, free of charge and prior to the conclusion of the contract, with appropriate explanations regarding the financial services contracts offered.
The explanations must include the following:
pre-contractual information,
the main features of the contract offered, including any ancillary services,
the consequences for the consumer that may arise from the contract (including, where applicable, the consequences of payment default or late payment)
Note: The provisions on pre-contractual information obligations, the right of withdrawal and the provision of adequate explanations apply only where there are no existing provisions on these matters in sector-specific EU legislation or its national implementation.
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4. What changes will result from the implementation of Directive (EU) 2024/825?
Directive (EU) 2024/825 aims to promote more sustainable consumption patterns, which is to be achieved through informed purchasing decisions by consumers. Businesses are required to comply with comprehensive pre-contractual information obligations, which inform consumers about the durability and reparability of products.
4.1 What is meant by ‘harmonised label’ – ‘GARAN’? (§ 4(1) Section (12a) FAGG, Annex III)
To ensure the consistent provision of information on the durability guarantee, the ‘harmonised label’ (“GARAN”) was created, which is intended to enable consumers to easily identify which goods are covered by a commercial durability guarantee that
is provided by the manufacturer
for the entire product
at no additional cost and
for a period of more than two years.
4.2 How must the legal guarantee of conformity be disclosed in future? (§4(1) Section (12) of the FAGG, Annex II)
Another new feature is the so-called ‘harmonised notice’, which will in future require businesses to inform consumers of their legal guarantee of conformity rights.
Note: The harmonised notification and the harmonised labelling are set out in Annexes II and III to the FAGG. |
5. When do the new regulations come into force and when do they take effect?
The date on which the respective regulations come into force depends on which of the two Directives mentioned forms the basis of the regulation.
Directive (EU) 2023/2673 was due to be transposed into Austrian law by 19 December 2025. The transposed provisions were due to apply from 19 June 2026. As the legislature is already behind schedule with transposition, it is all the more important for businesses to familiarise themselves with the changes introduced by the Directive.
The transposition deadline for Directive (EU) 2024/825 has also already passed: it should have been transposed into national law by 27 March 2026. The provisions are due to come into force on 27 September 2026.