Consumer Law Update: New ‘Right to Withdraw’ Function Requirements Now in Force in Malta

On 19^th June 2026, the Consumer Rights (Amendment) Regulations, 2026 (hereinafter the “Amendments”), entered into force in Malta, transposing Directive 2023/2673 into Maltese law and introducing new requirements for distance contracts concluded by means of an online interface.

These Amendments build on and amend the existing legal framework (the Consumer Rights Regulations, Subsidiary Legislation 378.17), which already provides consumers with a 14-day right of withdrawal in distance and off-premises contracts.

The Amendments introduce a new requirement (by virtue of regulation 13A) for contracts concluded through online interfaces, by means of which traders shall ensure that consumers may withdraw from the contract by using a withdrawal function. The withdrawal function needs to be labelled appropriately with the words “withdraw from contract here” or equivalent wording. Furthermore, the withdrawal function (e.g. a button) needs to be made continuously available to the consumer throughout the 14-day withdrawal period and must be prominently displayed and easily accessible. This new requirement ensures withdrawal becomes an actively facilitated digital process.

Consumers must also be easily able to submit an online withdrawal statement and confirm certain key information, including their name, details identifying the contract from which they intend to withdraw, and details of the electronic means for receiving confirmation of the withdrawal.

The trader must also provide a confirmation function to be used by the consumer once the withdrawal statement is completed and before submission of such statement (e.g. “confirm withdrawal”). Upon final submission, the trader is required to acknowledge receipt of the withdrawal on a durable medium (e.g. via email), including the content of the withdrawal request and specifying the date and time of submission, without undue delay.

The Amendments also update traders’ pre-contractual information obligations. Particularly, traders must now inform consumers, not only of the right of withdrawal, but also of the existence and placement of the online withdrawal function (where applicable). This ensures that consumers are aware of their withdrawal rights and of the accessibility of the function to exercise such rights.

In view of these Amendments, traders offering their goods and/or services via online interfaces must reassess their digital customer journey to ensure it aligns with the Amendments. Failure to comply with the Consumer Rights Regulations may expose traders to enforcement action, including penalties of up to €47,000.

If you are a trader and would like to learn more about your new legal obligations or if you are a consumer who wishes to learn more about your new legal rights, please feel free to contact us.