Electronic termination of contracts

From public transport to insurance, electricity, internet, telephone, newspapers, cinema or music, subscriptions are very numerous in our daily lives. Some of them are even essential to take advantage of a service. It is generally very simple to take out a contract. However, cancelling a contract or unsubscribing is sometimes much more complicated. That is why the recent French law on emergency measures to protect purchasing power includes various consumer protection measures including the simplification of the termination of consumer contracts by electronic means.

Obligation to enable the termination of a contract by electronic means

As of June 1, 2023, the law imposes an obligation on traders to enable the termination of a contract by electronic means called the « three-click rule »

  • where the contract has been concluded by electronic means or
  • even if it has been concluded by another means if, on the day of termination, the traders offers consumers the possibility of concluding such contracts by electronic means.

The new provisions are therefore intended to apply very broadly and are not limited to contracts concluded at a distance.

In practice, traders will have to make available to consumers on their website and their application (if they provide one) a button called « résilier votre contrat » or any unambigiguous equivalent of « terminate your contract ».

By clicking on this button, consumers will be redirected on a page where they will have to fill in identifying information and will find a reminder of the cancellation conditions and its consequences. Read these carefully; it will mention the notice period, the date of termination of the contract, etc.

On the next page, a summary of the above information will be presented. Make sure you did not make any mistake when filling in your name, the contract reference (especially if you have multiple contracts with the same trader) etc.

By clicking the last button, called « confirmer ma demande de résiliation » or any equivalent, consumers will confirm the termination of the contract.

The trader will then have to confirm the receipt of the notice and inform the consumer, on a durable medium and within a reasonable time, of the date on which the contract ends and the effects of the termination.

 

Failure to comply with these provisions will be punishable by an administrative fine, the amount of which may not exceed €15,000 for an individual and €75,000 for a legal entity.

Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Innovation Council and Small and Medium-sized Enterprises Executive Agency (EISMEA). Neither the European Union nor the granting authority can be held responsible for them.