Out-of-court dispute settlement bodies
Are users and online platforms in disagreement with each other? An out-of-court dispute settlement body may help. We will soon be able to certify such dispute settlement bodies.
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What is an out-of-court dispute settlement body?
Users of online platforms across the EU are able to contact certified dispute settlement bodies for solving certain problems with the platforms. The goal is accessible dispute settlement. Online platforms must inform users of this option, and must cooperate with the procedure of the dispute settlement body.
We will soon be able to certify these dispute settlement bodies.
Requirements
Upon request, we will certify dispute settlement bodies located in the Netherlands if they meet the statutory requirements. For example, the dispute settlement bodies must be independent. In addition, they must have sufficient expertise, for example, in a certain type of illegal content. Dispute settlement bodies must handle disputes in at least one official EU language.
Attention! At this point, you cannot file an application with us yet. The relevant law has not come into effect yet. It is expected to do so sometime in 2024. If you send your contact details to DSA [at] acm [punt] nl, we will inform you when you can file an application.
Filing an application
You will soon be able to file an application for certification digitally. Once this is possible, we will publish the application form (as a pdf) with the explanatory notes on our website.
Procedure
When we have received your application, we will assess whether you meet the requirements. We may ask you additional questions. We will then decide whether you will be certified. Certification is valid for five years.
Our decision is a decision within the meaning of the Dutch General Administrative Law Act (Awb). The provisions of the Awb therefore apply. We have the option of using a uniform public preparatory procedure.
Oversight
We conduct oversight over certified dispute settlement bodies. If you no longer meet the requirements for out-of-court dispute settlement bodies, we may revoke your status.
On a publicly accessible website, the European Commission will keep a list of certified out-of-court dispute settlement bodies.
Sources
Digital Services Act (DSA)