Automatic renewal of subscriptions: what Dutch law allows

No, a consumer subscription in the Netherlands cannot simply renew for another fixed term. Once the first term ends, it may only continue for an indefinite period, and you can then cancel at any time with no more than one month’s notice. The main exception is for newspapers and magazines, which may renew for up to three months at a time.

These rules come from the Dutch rules on consumer protection in contracts, mainly Articles 6:236 and 6:237 of the Dutch Civil Code (Burgerlijk Wetboek, BW). They apply to gym memberships, streaming services, software licences, magazines and most other subscriptions you take out as a private individual. Below we explain when a renewal binds you, how to cancel and what you can do if a business does not follow the rules.

When may a subscription renew automatically?

A subscription may renew automatically only into a contract for an indefinite period that you can end at any time with at most one month’s notice. A clause that tacitly extends the contract by another fixed term, for example another year, is not allowed.

Under Article 6:236(j) BW, a clause in a contract for the regular delivery of goods or services that leads to tacit renewal (stilzwijgende verlenging) is considered unreasonably onerous. The exception is a renewal after which you may cancel at any time, with a notice period of no more than one month. This clause is on the so-called black list: the law regards it as unfair in every case, and you do not have to prove anything more.

In practice this means that a one-year gym contract may continue after the first year, but only as an open-ended contract. The gym may not bind you to a second year simply because you did not cancel in time. If the general terms and conditions say otherwise, you can have that clause set aside (annulled) and end the contract with one month’s notice.

How long may the first term be?

Under Article 6:237(k) BW, a clause that binds you for more than one year is presumed to be unreasonably onerous, unless you can cancel at any time after the first year with no more than one month’s notice. This provision is on the grey list: the business may try to show that the clause is reasonable in the specific case, but the starting point is in your favour.

For telephone, internet and television contracts, a first term of one or two years is common. After that term, the contract continues for an indefinite period and the notice period is one month.

What notice period may a business require?

In most cases, no more than one month. Article 6:237 BW presumes that a longer notice period, or one longer than the period the business itself must observe, is unreasonably onerous. A business also may not require that you cancel only at a fixed moment, such as in a particular month of the year. For the general framework, see our article on contract law in the Netherlands.

What are the special rules for newspapers and magazines?

Newspapers and magazines may renew a subscription tacitly for up to three months at a time, or convert it into a subscription for an indefinite period. The notice period is at most one month, or three months for a publication that appears less than once a month.

If your subscription is renewed in blocks of three months, you must be able to cancel at the end of each block, and you pay for the block that is running. If it continues for an indefinite period, you can cancel at any time with the same notice period of one month (or three months for an infrequent publication).

Trial subscriptions to newspapers and magazines may not be renewed tacitly at all. A trial ends automatically when the agreed period is over, and you do not need to cancel it. If the publisher wants you to continue, it has to ask you to take out a new subscription.

Can a free trial turn into a paid subscription?

Outside newspapers and magazines, a free or discounted trial may convert into a paid subscription, but only if the business told you so clearly before you signed up. A hidden or unclear conversion can be a misleading commercial practice under Article 6:193c BW.

Before you accept the trial, the business must tell you when the trial ends, what the subscription will cost afterwards, how often you will pay and how you can cancel. That information must be visible before you enter your payment details; a line in small print, or a price that only appears after checkout, is not enough. Once the trial has converted, the normal rules apply and you can cancel with at most one month’s notice.

What must a business tell you before you subscribe online?

When you subscribe online, you enter into a distance contract (overeenkomst op afstand). Under Article 6:230m BW, the business must first give you clear information about, among other things, the total price, the duration of the contract, the conditions for cancellation and your right of withdrawal.

These rules implement the EU Consumer Rights Directive and have been part of the Dutch Civil Code since 13 June 2014 (Articles 6:230g to 6:230z BW). They apply whether the business is based in the Netherlands or in another EU country and sells to consumers here.

The final order button must say in plain words that you are committing to pay, for example “order with obligation to pay”. Paid extras may not be switched on with a pre-ticked box. If the business charged you for such an option without your express consent, you can ask for a refund. For goods, the business must also deliver a product that meets the contract; see our article on seller liability for hidden defects.

How does the 14-day right of withdrawal work?

For most online purchases and subscriptions you have a right of withdrawal (herroepingsrecht) of 14 days. During that period you can cancel the contract without giving a reason.

Under Article 6:230o BW, the period for goods starts on the day after you receive the product. For a service, such as a subscription, it starts on the day after the contract is concluded. If the business did not inform you about your right of withdrawal, the period is extended by up to twelve months. A clear email or the model withdrawal form is enough, and under Article 6:230r BW the business must refund what you paid, including standard delivery costs, within 14 days.

Article 6:230p BW lists exceptions, such as custom-made products, perishable goods and unsealed audio, video or software. For a download or other digital content, the right lapses once delivery has started with your express consent and acknowledgement. If you asked for a service to start during the withdrawal period and then withdraw, you may have to pay for the part already provided, provided the business informed you properly beforehand.

How do you cancel a subscription that has already renewed?

You can cancel in the same way as you took out the subscription. If you signed up online, the business must let you cancel online as well, for example through your account or by email.

A business may not make cancelling harder than signing up. It cannot insist on a registered letter when you subscribed with a few clicks. You do not have to give a reason, and the contract ends once the notice period of no more than one month has passed.

Keep proof of your cancellation: the confirmation email, a screenshot of the cancellation page or your own email. If the business keeps collecting payments, you can reverse a SEPA direct debit through your bank within eight weeks of the debit, and claim back other amounts paid without a legal basis (onverschuldigde betaling, Article 6:203 BW). If the business breaches its obligations more seriously, you may be able to end the contract by dissolving it under Dutch law (ontbinding).

Do the same rules apply to business subscriptions?

No. The black list and the grey list in Articles 6:236 and 6:237 BW protect consumers. Between businesses, the contract and the general terms and conditions largely determine how and when a subscription renews, so a tacit renewal for another year can be valid.

There is one exception for small businesses. Under the Telecommunications Act (Telecommunicatiewet), small businesses and self-employed professionals have the same protection as consumers for telephone and internet contracts. After the first term, such a contract continues for an indefinite period and can be cancelled at any time with no more than one month’s notice.

What should you check as a consumer?

Most problems start with a date you did not note or a clause you did not read. Check these points under Articles 6:236 and 6:237 BW:

• The end date of the first term and of any trial period, noted in your calendar.
• Whether the renewal clause allows only an indefinite contract with at most one month’s notice.
• The price after any trial or introductory discount, and how often you will be charged.
• Whether the 14-day right of withdrawal applies and when it started.
• How you can cancel online, and whether you received written confirmation.

What should you check as a business offering subscriptions?

A non-compliant renewal clause can be annulled by the consumer, and the ACM can fine you. Check these points before you launch or renew a subscription model:

• Your general terms: no tacit renewal for a fixed term, no first term over one year without a monthly exit, no notice period over one month.
• Your sign-up flow: price, duration, renewal and cancellation shown before payment, and an order button that says the customer must pay.
• No pre-ticked boxes for paid extras.
• An online cancellation route that is as easy as signing up.
• Your withdrawal information and model form, so the 14-day period is not extended by twelve months.

What if a business uses misleading renewal practices?

Hiding renewal terms, leaving out the real price or giving false information about your right to cancel can be an unfair commercial practice under Articles 6:193a to 6:193j BW. Under Article 6:193j BW, a contract concluded as a result of such a practice can be annulled.

The Authority for Consumers and Markets (ACM) supervises compliance with consumer law. It can order a business to stop a practice and impose fines under the Consumer Protection Enforcement Act (Wet handhaving consumentenbescherming), up to EUR 900,000 or, if higher, a percentage of turnover. The ACM does not decide individual disputes, but you can report a problem through ConsuWijzer, which also provides model letters.

How do you resolve a dispute about a renewal or a charge?

Start by contacting the business in writing. Explain why the renewal or charge is incorrect, refer to the rules above and ask for a refund within a reasonable period, such as 14 days.

If the business is affiliated with a disputes committee (De Geschillencommissie), you can submit your complaint there; its terms will say so. Otherwise you can start proceedings before the subdistrict court (kantonrechter), which hears claims up to EUR 25,000 under Article 93 of the Code of Civil Procedure (Rv), and you do not need a lawyer there. In consumer cases, the court must check on its own initiative whether a clause in the general terms and conditions is unfair.

The business may only process the personal data it needs to run your subscription (Article 6(1)(b) GDPR). After you cancel, you can ask which data it still holds and ask it to erase data it no longer needs; it must respond within one month. See our article on the General Data Protection Regulation.

What can we do for you with subscription renewals?

As civil lawyers, we advise consumers and businesses on subscription terms and disputes about renewals and charges.

• We review your subscription contract and general terms against Articles 6:236 and 6:237 BW.
• We draft the written cancellation or refund demand to the business.
• We prepare and file your complaint with the disputes committee or the subdistrict court.
• For businesses, we rewrite renewal, notice and cancellation clauses and check the online sign-up flow.
• We advise on a business-to-business renewal clause before you sign or before the cancellation deadline passes.

Summary

• After the first term, a consumer subscription may only continue for an indefinite period, cancellable at any time with at most one month’s notice (Article 6:236(j) BW).
• Newspapers and magazines may renew for up to three months at a time; trial subscriptions to periodicals end automatically.
• For most online purchases you have a 14-day right of withdrawal, with exceptions such as custom-made goods and digital content.
• You can cancel in the same way as you signed up, and a business may not make cancelling harder than subscribing.
• Misleading renewal practices can make the contract voidable, and the ACM can fine the business.

The government’s page on tacit renewal of subscriptions and the text of Book 6 of the Dutch Civil Code contain the official rules.

Frequently asked questions