In accordance with the DSA, online platform users have the option of using out-of-court dispute resolution in relation to decisions taken by the online platform provider, including those that could not be satisfactorily resolved through the internal complaint-handling system. They can turn for out-of-court dispute resolution to certified bodies that are independent and have the necessary resources and expertise to carry out their activities fairly, quickly and cost-effectively. However, the decisions of the bodies are not binding.
This option does not affect the service user's right to initiate proceedings to challenge the online platform provider's decision before a court of law.
Out-of-court dispute resolution bodies are certified by AKOS as the Digital Services Coordinator. A body that meets all the prescribed conditions is issued with an out-of-court dispute resolution certificate on the basis of its application. The conditions that a body must meet in order to obtain a certificate are set out in the third paragraph of Article 21 of the DSA.
AKOS must notify the European Commission of the out-of-court dispute resolution bodies it has certified, which will publish a list of all certified bodies in the EU.
How do the out-of-court dispute resolution bodies work?
If a complaint has not been resolved through the internal complaint handling system directly with the online platform provider, users can complain to any of the listed bodies certified in the specific field. The chosen body must be cooperated with by both parties in good faith in order to resolve the dispute itself.
The award of fees depends on the outcome of the procedure. Dispute resolution is usually free of charge or for a nominal fee for users or recipients of the service:
- If the out-of-court dispute resolution body decides in favour of the user in a specific dispute, the provider of the online platform must bear the costs of any fees charged by the body and reimburse the recipient for any other reasonable costs paid by the recipient in connection with the resolution of the dispute.
- If the authority decides in favour of the online platform provider in a specific dispute, the user shall not be required to reimburse the fees or other costs paid by the online platform provider in connection with the resolution of the dispute, unless it is established that the user has manifestly acted in bad faith.
- The fees charged by the out-of-court dispute resolution body to online platform providers shall be reasonable and shall not exceed the costs incurred by the body itself. Both parties - the user and the online platform - should also be aware of the fees and the mechanisms for setting them before engaging in dispute resolution.
The out-of-court dispute resolution bodies do not have the power to impose a binding solution on the parties, but only offer a fair and quick assessment. They must make their decisions available to both parties within a reasonable time and no later than 90 days of receipt of the complaint. In the case of very complex disputes, this period may be extended by a further 90 days.
How do I become an out-of-court dispute resolution body?
To be certified and granted the status of an ADR entity, the applicant must complete and send an application to the Agency's single point of contact at info.box@akos-rs.si.
The application may also be accompanied by documents and other information demonstrating independence and the necessary resources and expertise to carry out the activity in a fair, expeditious and cost-effective manner.
Out-of-court dispute resolution bodies established in Slovenia are approved by the Agency as the Digital Service Coordinator. If it fulfils all the prescribed conditions, as detailed in Article 21(3) of the DSA, the Agency issues an out-of-court dispute resolution certificate on the basis of its application.
Such status shall be granted for a maximum period of five (5) years. Certification may also be withdrawn early if, after an investigation, it is found that the body no longer meets the conditions set out in the aforementioned paragraph of Article 21.
The Agency shall notify all certified ADR entities to the European Commission, which shall publish a list of all certified entities in the EU.
List of all current certified out-of-court dispute resolution bodies
A list of all the bodies offering this type of dispute resolution in all EU Member States is published here.