Out-of-court dispute settlement bodies
Are users and online platforms unable to reach an agreement? An out-of-court dispute settlement body may help. ACM is able to certify such dispute settlement bodies.
On this page:
Problems between users and online platforms
An out-of-court dispute settlement body is an organization that settles disputes between users and online platforms. Users of online platforms are able to challenge the decisions of these online platforms with these certified dispute settlement bodies, for example the decision to remove a user’s content or the decision to block an account.
Does an individual or organization file a report with an online platform about illegal content? And does that individual or organization disagree with the decision on that report? In those cases, too, can the individual or organization submit decisions to a dispute settlement body.
Users of online platforms across the EU are able to contact these certified bodies. Online platforms must inform their users of the option of submitting their problems to these bodies. And online platforms are required to cooperate with the procedures of certified dispute settlement bodies.
Requirements for certification
Dispute settlement bodies that are located in the Netherlands are able to apply for certification. We certify dispute settlement bodies that meet the statutory requirements. For example, dispute settlement bodies must be independent. In addition, they must have sufficient expertise, for example, in the area of a certain type of illegal content. Dispute settlement bodies must handle disputes in at least one official EU language.
Filing an application
File an application for certification of your out-of-court dispute settlement body using this form:
Procedure
When we have received your application, we will assess whether you meet the requirements. After receiving your application, we may ask you additional questions. We will then decide whether or not you will be certified. In principle, a certification will be valid for five years.
We have the option of using a uniform public preparatory procedure. In such a procedure, we will publish a draft certification decision on our website. Interested parties will have the opportunity to submit their opinions about the draft decision. The time between the application and the final decision may take up to six (6) months. It may take longer, but only if more information is required. Interested parties will then still have up to six weeks to file an appeal against the certification decision.
Oversight
We conduct oversight over certified dispute settlement bodies. We may launch an investigation into dispute settlement bodies, either ex officio or following reports. If a disputed settlement body no longer meets the requirements for out-of-court dispute settlement bodies, we may revoke its certification.
If you believe that a certified dispute settlement body no longer meets the conditions for certification, you can file a report with us.
Sources
- Digital Services Act (DSA)