Online Dispute Resolution In this feature l online trade l EU l consumer disputes By law, since February 2016, online traders must now provide a link to the Online Dispute Resolution platform a quick and accessible tool, according to Elisabetta Sciallis At the click of a mouse T he European Online Dispute Resolution (ODR) platform is an electronic case-management tool created by the European Commission. Under Regulation EU No 524/2013, of 21 May 2013, consumers and traders can use the tool to resolve disputes in relation to the online sales of goods or services. The platform takes the form of an interactive website, facilitated by an ODR adviser, where parties can supply information about their dispute and attach relevant documents. This data is sent electronically to the competent alternative dispute resolution (ADR) entity appointed to resolve their disputes. The regulation applies to cross-border as well as domestic disputes and is used only after the parties in dispute have tried to resolve their disagreement amicably. The specifics T he law requires all online traders to include on their website both a link to the ODR platform and a contact email address, irrespective of whether they market their products or services within the UK or in another member state. Furthermore, traders operating in a sector where the use of an approved ADR scheme is either mandatory by law, or required by a trade association, must also include a link to the ODR platform in certain email communications and give information on the ODR platform in general terms and conditions, where applicable. IN OR OUT? According to the ODR platform, you can only use [the platform] if you live in the EU and the trader is based in the EU, which raises the question: what would happen if Britain votes to leave the EU on 23 June? Only time will tell An additional tool, not a replacement Despite the law stating an obligation for online traders to provide a link to the ODR platform from 9 January 2016, this has only become mandatory since 15 February 2016. Key strengths of this new provision are that it will give consumers and traders a highly visible and more accessible tool to resolve their disputes out of court, and in a prompt manner. The ODR platform does not intend to replace other existing ODR mechanisms, neither should it prevent the resolution of disputes through direct approaches by the parties to ADR bodies, nor prevent them from seeking redress through court procedures if an accord cannot be reached via ADR. For sectors without mandatory or required ADR, the platform will rely upon both the consumer and trader agreeing to the use of an ADR entity suitable to hear their disputes. While in these cases the trader is not compelled to use an ADR entity, such online traders will need to comply with the ODR requirements and state whether they are willing to use ADR. The Enterprise Act can be used to pursue infringements. Promoting consumer confidence Ultimately, the platform offers opportunities for strengthening the EU internal market not only in economic terms, by bolstering consumer confidence to undertake cross-border shopping online, but also in terms of cultural perspectives in which national legal traditions and procedural rules can sometimes function as barriers to cross-border trade. Instead, the ODR Platform will create a familiar front end and set of procedures to overcome, potentially, the challenges facing dispute resolution caused by the fragmentation of ADR schemes and mechanisms across the EU. In conclusion, while the effectiveness and efficiency of ODR platforms have often been discussed, I believe the ODR platform will provide a more user-friendly route to ADR, by removing much of the prerequisite knowledge previously required for consumers to successfully navigate the ODR/ADR process. Credits Elisabetta Sciallis is an executive at the UK European Consumer Centre, which is hosted by CTSI. Images: feelplus / Shutterstock To share this page, in the toolbar click on FIND OUT MORE For more information, visit the Online Dispute Resolution platform, or the European Commissions factsheet. You might also like Keeping it out of court June 2015