The consumer’s right of cancellation for a contract for the delivery of digital content that is not on a physical data carrier expires prematurely if the trader begins to perform the contract (Section 356 (5) BGB) after the consumer has expressly consented to the commencement of the performance of the contract before the expiry of the cancellation period (Section 356 (5) No. 1 BGB) and the consumer confirms his knowledge of the loss of the right of cancellation (Section 356 (5) No. 2 BGB).

In contrast to contracts for services in accordance with Section 355 (4) BGB, the right of cancellation does not expire once the service has been provided in full, but when the service begins to be provided.