In accordance with the DSA, online platform users have the option of using out-of-court dispute resolution in relation to decisions taken by the online platform provider, including those that could not be satisfactorily resolved through the internal complaint-handling system. They can turn for out-of-court dispute resolution to certified bodies that are independent and have the necessary resources and expertise to carry out their activities fairly, quickly and cost-effectively. However, the decisions of the bodies are not binding.
This option does not affect the service user's right to initiate proceedings to challenge the online platform provider's decision before a court of law.
Out-of-court dispute resolution bodies are certified by AKOS as the Digital Services Coordinator. A body that meets all the prescribed conditions is issued with an out-of-court dispute resolution certificate on the basis of its application. The conditions that a body must meet in order to obtain a certificate are set out in the third paragraph of Article 21 of the DSA.
AKOS must notify the European Commission of the out-of-court dispute resolution bodies it has certified, which will publish a list of all certified bodies in the EU.