On November 5, 2026, at 10:00 a.m., the Bundesgerichtshof (BGH, Federal Court of Justice) will hear arguments on whether a login prompt displayed after users click the cancellation button required by law is permissible (docket no. I ZR 275/25). At the heart of the proceedings, which have not yet been concluded, is the question of whether consumers may be required to enter login details before submitting their cancellation.
Login Prompt After Clicking the Cancellation Button
Cancellation Process Used by a Streaming Service Challenged
The Wettbewerbszentrale is challenging the cancellation process used by an international streaming service. After selecting the cancellation button, customers were taken to a confirmation page. However, before they could submit the cancellation, they first had to enter their email address or telephone number and their password.
Below the input fields for the contact details, password and cancellation date was a button labelled “Complete cancellation” (translation). The Wettbewerbszentrale takes the view that the preceding password prompt constitutes an impermissible impediment to cancellation. By contrast, the streaming service considers it a permissible means of identifying the person submitting the cancellation.
Kammergericht Found a Violation
Direct and Easy Accessibility of the Confirmation Page
The Kammergericht (Berlin Court of Appeal) agreed with the Wettbewerbszentrale (Kammergericht, judgment of November 12, 2025 – 5 U 6/25). The decision is not final. In the court’s view, the streaming service failed to satisfy the requirements of § 312k Abs. 2 BGB (German Civil Code).
The confirmation page must be directly and easily accessible. According to the court, a login screen displayed beforehand could deter customers from cancelling or delay the process because they may have forgotten their login details. In the Kammergericht’s view, permanently available information such as the customer’s name and address is sufficient for identification.
The Kammergericht granted leave to appeal on points of law. The Bundesgerichtshof has not yet issued a final decision.
Diverging Assessments by the Lower Courts
Login Screens May Be Permissible in Exceptional Cases
The relevant legal issue has not yet been decided by a court of last resort. Moreover, lower courts have reached differing conclusions on whether login prompts used in connection with the cancellation button are permissible.
The Oberlandesgericht Nürnberg (Nuremberg Higher Regional Court) had indicated that a login screen might be permissible in exceptional cases (OLG Nürnberg, judgment of July 30, 2024 – 3 U 2214/23). The Wettbewerbszentrale was not involved in those proceedings.
The following issues will therefore be particularly relevant at the forthcoming hearing:
- The Bundesgerichtshof must determine whether a password prompt can be classified as a permissible means of identification.
- It must also assess whether a login requirement impairs the direct and easy accessibility of the confirmation page required by law.
- Beyond the specific dispute, the decision may be relevant to other providers of subscriptions concluded digitally.
Parallel Proceedings Brought by a Consumer Association
Login Using a Customer Number and Password
On the same day, the Bundesgerichtshof will hear parallel proceedings under docket no. I ZR 272/25. The claimant is the Bundesverband der Verbraucherzentralen und Verbraucherverbände. The case concerns a comparable login prompt used by a web hosting service.
After clicking the cancellation button, the consumer was redirected to a subpage. To continue the cancellation process, the consumer had to log in to a secure customer area using a customer number and password. The lower court was the Kammergericht, in its decision of November 18, 2025 – 5 UKl 10/25.
Significance of the Proceedings for Online Subscriptions
The two sets of proceedings concern the scope of the statutory requirements governing cancellations in electronic commerce. For providers of online subscriptions, the key question is whether termination of the contract may be made conditional on entering a password or whether this constitutes an impermissible barrier to access.
On July 16, 2026, the Bundesgerichtshof had already ruled on the requirements applicable to the confirmation page displayed after the cancellation button is clicked (BGH, judgment of July 16, 2026 – I ZR 200/25). According to that ruling, the page must not offer any alternatives. By contrast, the forthcoming proceedings concern the preceding question of whether a login may be required before the cancellation is completed.
Advice on Contractual Cancellation Processes
The decisions may affect the legal assessment of digital cancellation processes and the structuring of ongoing contractual relationships. Companies, investors and private individuals with questions concerning cancellation mechanisms or other contractual matters can contact MTR Legal Rechtsanwälte for individual legal advice on contract law.
