DSA Article 21: Obligations, Deadlines & Penalties

Providers of online platforms shall ensure that information about the possibility for recipients of the service to have access to an out-of-court dispute settlement is easily accessible on their online interface, clear and user-friendly. Regulation (EU) 2022/2065, Article 21, Article 21

Both parties shall engage, in good faith, with the selected certified out-of-court dispute settlement body with a view to resolving the dispute. Regulation (EU) 2022/2065, Article 21, Article 21

The Digital Services Coordinator shall certify the out-of-court dispute settlement body for a maximum period of five years, which may be renewed, where the body has demonstrated that it meets all specified conditions regarding impartiality, expertise, remuneration, accessibility, efficiency, and procedural rules. Regulation (EU) 2022/2065, Article 21, Article 21

The Digital Services Coordinator shall specify in the certificate the particular issues to which the body’s expertise relates and the official language or languages of the institutions of the Union in which the body is capable of settling disputes. Regulation (EU) 2022/2065, Article 21, Article 21

Certified out-of-court dispute settlement bodies shall report to the Digital Services Coordinator that certified them, on an annual basis, on their functioning, specifying at least the number of disputes received, outcomes, average time taken, and any shortcomings. Regulation (EU) 2022/2065, Article 21, Article 21

Certified out-of-court dispute settlement bodies shall provide additional information at the request of the Digital Services Coordinator. Regulation (EU) 2022/2065, Article 21, Article 21

Digital Services Coordinators shall, every two years, draw up a report on the functioning of the out-of-court dispute settlement bodies that they certified, including lists of disputes, outcomes, shortcomings, best practices, and recommendations. Regulation (EU) 2022/2065, Article 21, Article 21

Certified out-of-court dispute settlement bodies shall make their decisions available to the parties within a reasonable period of time and no later than 90 calendar days after the receipt of the complaint. Regulation (EU) 2022/2065, Article 21, Article 21

If the out-of-court dispute settlement body decides the dispute in favour of the recipient of the service, the provider of the online platform shall bear all the fees charged by the out-of-court dispute settlement body and reimburse the recipient for any other reasonable expenses. Regulation (EU) 2022/2065, Article 21, Article 21

Certified out-of-court dispute settlement bodies shall make the fees, or the mechanisms used to determine the fees, known to the recipient of the service and to the provider of the online platform concerned, before engaging in the dispute settlement. Regulation (EU) 2022/2065, Article 21, Article 21

Member States shall ensure that any of their activities undertaken to establish or support out-of-court dispute settlement bodies do not affect the ability of their Digital Services Coordinators to certify the bodies concerned. Regulation (EU) 2022/2065, Article 21, Article 21

A Digital Services Coordinator shall revoke the certification of an out-of-court dispute settlement body if it determines that the body no longer meets the conditions set out in paragraph 3, after affording the body an opportunity to react. Regulation (EU) 2022/2065, Article 21, Article 21

Digital Services Coordinators shall notify the Commission of the out-of-court dispute settlement bodies that they have certified, including specifications, as well as those whose certification has been revoked. Regulation (EU) 2022/2065, Article 21, Article 21

The Commission shall publish a list of certified out-of-court dispute settlement bodies, including specifications, on a dedicated website that is easily accessible, and keep it up to date. Regulation (EU) 2022/2065, Article 21, Article 21