Solving consumer–trader disputes arising from online shopping

 

SUMMARY OF:

Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes

WHAT IS THE AIM OF THE REGULATION?

• It aims to create an online dispute resolution (ODR) platform (website) at EU level.
• Consumers and traders will be able to use the platform to resolve disputes when they have a problem with a product or service that they have bought anywhere in the European Union (EU).

KEY POINTS

The complaint procedure involves both parties and the mediationbody (alternative dispute resolution (ADR)) they agree to use. These bodies — some of which operate online — offer a neutral party such as an ombudsman or mediator. Their job is to propose or impose a solution or to bring the parties together so they can find a solution.

The entire procedure can be handled quickly online, so most disputes should be settled within 90 days.

ODR platform

The European Commission will develop, operate and maintain the ODR platform. It will be launched in January 2016 and will be:

• an interactive and user-friendly website;
• open to any customer or trader in the EU;
• available in all EU official languages;
• free of charge.

The platform has several functions. These include offering an electronic complaint form, informing the respondent party about the complaint, identifying national mediation bodies and electronic case management.

Each EU country must designate one ODR contact point, hosting at least two ODR advisers. The Commission will also set up a network of ODR contact points.

Once the electronic complaint form has been submitted to the ODR platform, the platform will quickly contact and seek a response from the respondent party. It will also transmit the complaint to the mediation body that the parties agree to use. If the mediation body agrees to deal with the dispute, it will strive to resolve the dispute quickly and inform the ODR platform of the results of the procedure.

Alternative dispute resolution

The ODR platform can be accessed through the Your Europe portal. It will also be connected to all the national mediation bodies that have been set up and notified to the European Commission, in line with the EU alternative dispute resolution (ADR) directive.

The ODR regulation and ADR directive were both adopted in May 2013.

The ODR platform is accessible to consumers and traders since 15 February 2016.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 9 January 2016.

BACKGROUND

For more information, see:

• Alternative and Online Dispute Resolution (ADR/ODR) on the European Commission’s website
• Consumer dispute resolution on the Your Europe website.

MAIN DOCUMENT

Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) (OJ L 165, 18.6.2013, pp. 1–12)

RELATED DOCUMENTS

Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, pp. 63–79)

Commission Implementing Regulation (EU) 2015/1051 of 1 July 2015 on the modalities for the exercise of the functions of the online dispute resolution platform, on the modalities of the electronic complaint form and on the modalities of the cooperation between contact points provided for in Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes (OJ L 171, 2.7.2015, pp. 1–4)

last update 30.08.2016