In short. Article 98(2) requires the label “pedido con obligación de pago” or an unambiguous equivalent, and a breach leaves the consumer unbound by the contract or order.
Definition: As of 17 October 2026, Article 98(2) of Spain's consolidated consumer protection law requires an electronic consumer order involving payment to include express acknowledgment of that obligation. The order button must display “pedido con obligación de pago” or an unambiguous equivalent; breach of this requirement leaves the consumer unbound by the contract or order.
Key facts
- Spain's consumer protection law, Article 98(2), requires the button or similar function to carry easily legible wording that makes the payment obligation clear.
- The EU Consumer Rights Directive, Article 8(2), requires explicit acknowledgment when the consumer places the order.
- In Fuhrmann-2, Case C-249/21, the Court of Justice requires an alternative formulation to be assessed using only the words on the button or similar function.
What wording satisfies Article 98(2)?
Article 98(2) of the Spanish law applies to distance contracts concluded electronically that impose payment obligations on the consumer. A distance contract, defined in Article 92(1), involves an organised distance sales or services scheme without the simultaneous physical presence of trader and consumer, using distance communication through contract conclusion.
The statutory Spanish label means “order with obligation to pay.” Article 98(2) allows an analogous, unambiguous formulation that indicates that placing the order entails paying the trader. It requires the button or similar function to be labelled solely with that wording, in an easily legible manner.
A minimal HTML rendering of the statutory label is:
<button type="submit">pedido con obligación de pago</button>
What information must appear immediately before the order?
Article 98(2) of the Spanish law also requires clear, prominent information immediately before the consumer places the order. It expressly refers to Article 97(1)(a), (e), (p) and (q): the main characteristics of the goods or services, the price information, the contract's duration or termination conditions where applicable, and any applicable minimum duration of the consumer's obligations.
Article 97(1)(e) includes taxes and applicable delivery or other additional charges in the price information. Where the total price cannot reasonably be calculated in advance, the trader must explain its calculation. For a subscription or an indefinite contract, the price includes total costs per billing period; fixed-rate contracts also require total monthly costs.
Article 97(1)(p) covers termination conditions for indefinite or automatically extended contracts. Article 97(1)(q) covers the minimum duration of the consumer's contractual obligations where applicable.
Can the rest of the checkout explain an alternative label?
In its Fuhrmann-2 judgment of 7 April 2022, the Court of Justice interprets Article 8(2) of the Consumer Rights Directive. Paragraph 28 confines the assessment of the acknowledgment wording to the button or similar function itself. Paragraph 29 excludes an overall assessment of the surrounding circumstances.
The case concerns the wording “complete booking.” In paragraphs 32 and 33, the Court leaves its assessment in German to the referring national court. The test asks whether “booking,” in everyday language and for the average consumer, is necessarily and systematically associated with a payment obligation.
Related terms
- What must an online shop's payment button communicate?
- What must a Spanish shop explain before an online order?
- When must a Spanish online shop confirm an order?
- Can an online shop preselect paid extras at checkout?
FAQ
Must you use the exact statutory Spanish words?
Article 98(2) of the Spanish law permits an analogous, unambiguous formulation. Your wording must clearly indicate that placing the order creates an obligation to pay the trader.
Can you rely on explanatory text beside the button?
The Court's Fuhrmann-2 judgment, paragraph 28, assesses acknowledgment from the words on the button or similar function itself. Your surrounding checkout text cannot supply the payment meaning missing from that label.
What happens if your checkout breaches the acknowledgment requirement?
Under Article 98(2) of the Spanish law, the consumer is not bound by the contract or order. The EU Consumer Rights Directive, Article 8(2), states the same consequence for noncompliance with its acknowledgment subparagraph.
Sources
- BOE, "Real Decreto Legislativo 1/2007", consolidated text updated 28 February 2026
- EUR-Lex, "Directive 2011/83/EU on consumer rights", consolidated text dated 27 September 2026
- Court of Justice of the European Union, "Fuhrmann-2, Case C-249/21", 7 April 2022
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