New EU eCommerce requirements coming into effect on 19th June 2026

Businesses operating eCommerce websites should be aware of the new requirements that will come into effect on 19th June 2026 regarding consumers’ rights of withdrawal. Although the recent changes to the EU consumer legislation are largely aimed at financial services sold online, they also introduce obligations for eCommerce websites selling physical products to consumers.

Under current EU consumer protection legislation, consumers purchasing online benefit from a 14-day cooling-off period, although there are exceptions, mostly on customised goods. During this period, consumers have the right to withdraw from the purchase without having to provide a reason. This right applies to most distance contracts concluded through websites, mobile applications and other online sales channels. Online traders have traditionally been required to provide consumers with a standard withdrawal form. In Malta, compliance with consumer protection legislation is overseen by the Malta Competition and Consumer Affairs Authority (MCCAA) and they do check local eCommerce websites regularly for conformity.

Typically, the withdrawal form is made available as a downloadable pdf document within a website’s Terms and Conditions or Returns Policy. The user is expected to print it and make sure that the hard copy accompanies the product on return. In practice, locally, this is rarely an issue.

Consumers usually choose not to download and mess around with forms. Typically, they contact the seller directly by email or telephone to request a return, an exchange or a refund. For many Maltese businesses, such requests are typically resolved amicably and efficiently through direct communication.  The new rules do not introduce a new consumer right. The existing 14-day right of withdrawal remains unchanged. Instead, the changes focus on making it easier for consumers to exercise this right electronically, reflecting the EU’s objective of providing a simpler and more accessible withdrawal process. Businesses operating eCommerce websites will now be required to provide consumers with an easily accessible electronic withdrawal function. While the exact implementation may vary depending on the nature of the website, the intention is that consumers should be able to submit a withdrawal request on the same online interface where the sales contract is concluded and without the need to send an email or contact customer service separately.

Furthermore, once a consumer submits a withdrawal request through the electronic process, the legislation specifies that the trader must acknowledge receipt of the request, such as by email, and without undue delay. In practice, this can easily be done through an automated response which should then be followed up with the appropriate action.

For most businesses, compliance with the new requirements is likely to involve only limited changes to existing procedures. Website owners are encouraged to review how withdrawal requests are currently handled and where necessary, consider introducing a simple electronic process that allows consumers to submit requests and receive confirmation that their request has been received.

Article by Mr Marcel Mizzi – Officer, Malta Chamber of SMEs