The 12-month-and-14-day period: retroactive, or only after 19 June 2026?
Do you sell online to private individuals and wonder whether your past sales are concerned? Prospective only. The extended period, harmonised by the Consumer Rights Directive (2011/83/EU, art. 10), applies to contracts concluded after 19 June 2026. Earlier sales remain subject to the old regime (14 days, or 12 months and 14 days where there was no pre-contractual information about the withdrawal right). No retroactive administrative penalty is possible (the principle of the legality of penalties).
Why the new law does not act retroactively
A clear principle of law applies: new rules provide only for the future and have no retroactive effect. Directive (EU) 2023/2673 (creating the button obligation) contains no express retroactive provision. Contracts concluded before 19 June 2026 therefore remain subject to the legislation in force on the date they were signed.
The principle of the legality of penalties (a general principle of EU and Irish law) reinforces this rule for administrative penalties: the CCPC may impose a fine for a missing button only from 19 June 2026, and only for breaches recorded from that date onwards.
Summary table of the two regimes
Worked example: sale on 17 June 2026, withdrawal request on 1 July 2026
As the contract was concluded before 19 June, the old regime applies. The standard period remains 14 days from receipt of the goods. If the trader had properly informed the consumer of their withdrawal right in the terms and conditions (and obtained an acknowledgement of receipt), the 1 July deadline has passed.
However, if the consumer demonstrates the absence of pre-contractual information (terms and conditions silent on withdrawal, or not expressly accepted), the period extends to 12 months and 14 days under Directive 2011/83/EU (art. 10), so a withdrawal is admissible until 1 July 2027.
Practical consequence for traders
For sales concluded between 17 and 18 June 2026, the trader is not exposed to the administrative fine for a missing button. From 19 June, however, every sale concluded without a compliant mechanism creates exposure: a withdrawal period extended to 12 months and 14 days (Directive 2011/83/EU, art. 10) plus a fine of up to €60,000 (Consumer Rights Act 2022; up to 4% of turnover for widespread infringements). Since the obligation has been in force since the 19 June 2026, every day without a compliant mechanism adds more exposed sales: switching the button to legal mode without delay is the only way to stop this accumulation.
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