Online dispute resolution for consumer disputes

Key points:

The EESC:

• welcomes the Commission's proposal and supports its choice of a regulation as the legal instrument. However, in the Committee's opinion the proposal lacks ambition and falls far short of what might be hoped and what is desirable and feasible;
• believes that conflicts that are not solely cross-border in nature and those that do not arise exclusively from online transactions should also be covered by the system;
• does not agree that such mechanisms could also cover complaints by traders against consumers;
• urges the Commission to clarify how the more complex issues which may arise in certain online disputes may be resolved by means of the platform;
• has serious reservations regarding the deadlines set in the proposal;
• recommends that the Commission adopt a quality assurance scheme for the system to be set up, proposes that trustmarks be set up by accredited and authorised entities, and advocates including a reference to dispute resolution through this online platform in codes of conduct;
• recommends that the issue of funding be addressed explicitly and head-on;
• believes that too many crucial aspects of the system are left to future implementing or delegated acts, which might have consequences in terms of the instrument's legal security and certainty;
• proposes a number of improvements to the text in order to make some requirements clearer and less ambiguous and their provisions more effective.

Previous EESC opinions:

• Opinions on Consumers theme
• Consumer rights, CESE 1190/2009 (INT/464)
• Alternative dispute resolution, CESE 1349/2002 (INT/148)

For more information please contact the INT Section Secretariat