Malta’s Consumer Rights (Amendment) Regulations, 2026 introduce significant changes to the consumer right of withdrawal for online and distance contracts. These amendments transposing EU Directive 2023/2673 into Maltese law, are designed to strengthen consumer protection across digital commerce and will affect any business selling to consumers in Malta.
The reforms seek to close the gap between consumers’ legal entitlements and their ability to exercise those rights in practice, by further aligning Maltese consumer protection with modern online trading practices.
Under existing Maltese consumer law, consumers have a 14-day cooling-off period in which to withdraw from contracts concluded at a distance or off-premises.
In practice, however, exercising that right has not always been straightforward. Consumers have often been required to navigate trader-specific procedures, creating a gap between the right itself and its effective exercise in an increasingly digital marketplace.
The 2026 amendments introduce a number of measures aimed at modernising how consumers exercise their withdrawal rights. The key measures are set out below.
Mandatory Online Withdrawal Function for Distance Contracts
One of the principal changes is the introduction of a mandatory online withdrawal function for distance contracts concluded through an online interface.
Under Regulation 13A(1), traders must provide consumers with a dedicated mechanism through which they may exercise their right of withdrawal electronically. In essence, consumers must be able to exit a contract through the same digital channel by which it was entered into.
The withdrawal function must remain continuously available throughout the entire withdrawal period, without requiring the consumer to resort to alternative communication channels or trader-specific procedures.
Visibility and Labelling Requirements for the Withdrawal Function
A withdrawal function is of limited value if consumers cannot locate it easily. Regulation 13A(1) therefore imposes specific requirements on how the withdrawal mechanism is presented. The function must be prominently displayed, easily accessible, and labelled in a clear and legible manner, bearing the wording “Withdraw from contract here“ or any equivalent formulation that unambiguously conveys its purpose.
These requirements are intended to ensure that the right of withdrawal is a practical protection, not merely a theoretical entitlement.
Consumers have grown accustomed to digital interfaces that make purchasing quick and intuitive, yet cancellation options have often been buried behind multiple webpages, account settings, or customer support channels.
The amendments aim to eliminate those barriers by ensuring that the means of withdrawal are visible, straightforward, and readily available throughout the withdrawal period.
In practical terms, consumers should no longer need to search through websites or contact customer support to exercise their right of withdrawal. The withdrawal option must be presented in a manner that is comparable to the ease with which the contract was concluded.
Standardised Electronic Withdrawal Process
Regulation 13A(2) sets out a standardised process for online withdrawals. When submitting a withdrawal request, consumers must be able to easily provide or confirm:
- their name;
- details identifying the contract from which they intend to withdraw; and
- the electronic means through which confirmation of the withdrawal may be communicated (for instance, an email address).
These requirements ensure that traders receive sufficient information to identify both the consumer and the relevant contract, while enabling them to promptly acknowledge receipt of the withdrawal request. For consumers, the process provides clarity as to what information is needed.
Consumer Confirmation of Withdrawal
Once the required information has been provided, consumers must take a final step to formally submit their withdrawal request. Traders are required to provide a confirmation function clearly labelled “Confirm withdrawal” or with similarly unambiguous wording.
This step ensures that consumers consciously and deliberately communicate their decision to withdraw, reducing the likelihood of accidental submissions. It also creates a clear record of the consumer’s intention and the point at which it was communicated.
In the event of a dispute, this confirmation step may assist in establishing whether the right of withdrawal was exercised correctly and within the applicable timeframe.
Trader Acknowledgement and Record-Keeping
The final step in the process requires the trader to acknowledge receipt of the consumer’s withdrawal request. Once the consumer confirms the withdrawal, the trader must send an acknowledgement without undue delay on a durable medium (for example, by email).
The acknowledgement must include:
- the content of the withdrawal request;
- the date on which it was submitted; and
- the time of submission.
A consumer will be deemed to have exercised the right of withdrawal provided the withdrawal request is submitted before the expiry of the withdrawal period.
This process protects both parties. Consumers receive confirmation that their withdrawal request has been received, while traders obtain a clear record of when the withdrawal was made, reducing the scope for disputes and providing greater certainty for all involved.
Pre-Contractual Information: New Obligations for Online Traders
The amendments also update the pre-contractual information that traders must provide to consumers. In addition to the existing obligation to inform consumers of their right of withdrawal and the availability of a withdrawal form, traders must now inform consumers about the online withdrawal function and explain where it can be found.
By ensuring that consumers are made aware from the outset of how and where to withdraw, the amendments make the withdrawal process more accessible and transparent.
How the Amendments Affect Businesses Selling to Maltese Consumers
For any business that contracts with consumers in Malta — whether established locally or operating cross-border — the amendments require more than a simple update to terms and conditions. Businesses should review their online contracting and cancellation processes as a matter of priority.
Particular attention should be given to ensuring that the withdrawal function is clearly visible, easily accessible, and capable of generating the required acknowledgement promptly.
Businesses can no longer rely solely on consumers contacting customer support or sending an email to exercise their withdrawal rights. A dedicated online withdrawal mechanism must be provided and must be easy for consumers to access and use.
For many businesses, compliance will require both legal and operational changes. Websites, apps, internal procedures, and customer service systems may all need to be updated to ensure that withdrawal rights can be exercised smoothly and in accordance with the new rules.
Consumer Protection in Malta’s Digital Marketplace: Why These Changes Matter
These amendments reflect a broader shift in EU and Maltese consumer protection towards making the right of withdrawal genuinely exercisable in practice. Consumers who enter into contracts online should be able to withdraw from them just as easily. The reforms ensure that consumer protection in Malta keeps pace with the realities of the evolving digital marketplace.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for specific legal counsel. If you require advice on how these amendments may affect your business and e-commerce, please contact us at [email protected]
