In a recent
ruling (I ZR 161/24, 22 May 2025), the German Federal Court of
Justice (BGH) clarified the scope of § 312k German Civil Code
(BGB) regarding the obligation to provide a 'cancellation
button' on websites if traders enable consumers to conclude
continuing performance contracts
(Dauerschuldverhältnis) via their website.
The case involved a loyalty program offering consumers benefits
in exchange for a one-time payment and ending automatically after
twelve months. The online-shop operator did not provide such a
cancellation button arguing that these agreements cannot be
considered a contract of continuing performance.
However, the BGH found that the contractual relationship
constitutes a contract of continuing performance due to the ongoing
performance obligations of the trader throughout the loyalty
program term (awarding bonus points, free shipping). The form of
the consumers' payment–whether lump sum or
recuring–was on the other hand considered not
