Out-of-court dispute settlement
Out-of-court dispute settlement bodies are independent bodies with the means and knowledge to assess issues relating to one or more specific areas of illegal content or to the application and enforcement of the terms and conditions of one or more types of online platforms.
In principle, the out-of-court dispute settlement body intervenes at the request of a recipient of the service of an online platform who is dissatisfied with the decisions taken by the provider on issues such as:
- the visibility of their content, their ability to monetise that content or their account has been restricted because the online platform has determined that the content is illegal or violates one of its policies;
- the reporting of a content for removal for violating the provider's rules or policies;
- the dismissal or suspension of a trader from an online marketplace for failing the identity confirmation.
The DSA Regulation sets out the conditions for the certification of out-of-court dispute settlement bodies. ANCOM, as Digital Services Coordinator (DSC) certifies these bodies on the basis of a procedure and ensures that the respective body meets the following conditions:
- is impartial and independent, including financially independent, of providers of online platforms and of recipients of the service provided by providers of online platforms, including of individuals or entities that have submitted notices;
- has the necessary expertise in relation to the issues arising in one or more particular areas of illegal content, or in relation to the application and enforcement of the terms and conditions of one or more types of online platforms, allowing the body to contribute effectively to the settlement of a dispute;
- its members are remunerated in a way that is not linked to the outcome of the procedure;
- the out-of-court settlement that it offers is easily accessible, through electronic communications technology and provides for the possibility to initiate the dispute settlement and to submit the requisite supporting documents online;
- it is capable of settling disputes in a swift, efficient and cost-effective manner and in at least one of the official languages of the institutions of the Union;
- the out-of-court dispute settlement that it offers takes place in accordance with clear and fair rules of procedure that are easily and publicly accessible and that comply with applicable law.