25.07.2024

In Romania, ANCOM, as the digital services coordinator - according to Law no. 50/2024 - is the authority that certifies, upon request, the out-of-court dispute settlement bodies for digital services. 

Recipients of services offered by online platform providers, including natural pe rsons or entities that have submitted notifications under the Digital Services Act, have the right to go in front of a certified dispute settlement body if they do not agree with the decisions taken by online platforms or if their complaints have not been resolved through the internal complaint handling system.   

The certified dispute settlement body can also step in when it receives a complaint regarding the following decisions taken by online platforms:

• removing information, blocking access to, or restricting the visibility of certain information;
• suspending or ceasing service provision to recipients, in whole or in part;
• suspending or closing recipients' accounts;
• suspending, halting or restricting the ability to monetise information provided by recipients;
• online platform providers’ refusal to order any of the aforementioned measures.

Recipients of services offered by online platform providers will thus have access to a faster, simpler and less costly alternative complaint settlement process, compared to the judicial one.

Certification of out-of-court dispute settlement bodies dealing with online platform providers

Decision no. 337/2024 on the procedure for the certification of bodies for out-of-court settlement of disputes against online platform providers entered into force on the date of publication in the Romanian Official Journal no. 671 of 12.07.2024.

According to it, public or individual legal persons that may apply for certification must be independent, including financially, from online platform providers and from recipients of the service provided by online platform providers - including from the entities or natural persons that have submitted the notification. They must have the necessary means and knowledge to assess issues related to one or more specific areas of illegal content or to apply and enforce the general terms of use of one or more types of online platforms.

Interested legal entities will submit to ANCOM a standard form (available at ANCOM’s premises or online, here) together with all the documents and evidence proving that they meet the conditions provided by the Digital Services Act, as clarified by ANCOM Decision no. 337/2024.

For enabling a thorough understanding of the entire process of out-of-court dispute settlement, these bodies draw up an annual report regarding the number of disputes received, the average duration of their settlement and any deficiencies or difficulties encountered in settling them, and send it to ANCOM.

ANCOM certifies out-of-court dispute settlement bodies for the requested period, which -according to the Digital Services Act - cannot exceed five years, with the possibility of renewal upon request, under certain conditions. The decision also provides for cases where the certification of an out-of-court dispute settlement body may be terminated or revoked.

Out-of-court settlement of disputes against online platform providers

Decision no. 337/2024 provides that the out-of-court dispute resolution procedure applied by certified bodies must be clear, fair and easily accessible to users and online platforms. Moreover, the procedure must be free of charge or available at a token price to be paid by the recipients of the service. For online platform providers, the price must be a reasonable one, which cannot exceed the costs incurred by the respective body.

As regards the settlement deadline, certified bodies must comply with the deadline of 90 calendar days for making the result of the deliberations available to the parties or of maximum of 180 days in the case of a complex dispute. The certified out-of-court dispute resolution body does not have the power to impose a binding decision on the parties.

All about digital services

ANCOM supports users, in their capacity as recipients of intermediary services, offering detailed information in a website section dedicated to digital services. Furthermore, for the industry, ANCOM has established a special section detailing the duties of the Digital Services Coordinator, the obligations of intermediary service providers, the rights of service recipients and the rules established by the Digital Services Act.