ODS Rules

Out-of-court Dispute Resolution Rules between Online Platform Providers and Service Recipients

Pursuant to art. 21 of the Digital Services Act - Regulation (EU) 2022/2065

Art. 1 Definitions

For the purposes of these Rules, the following definitions apply:

• "ADR Center" is the international independent out-of-court dispute settlement (ADR) body based in Italy that administers the Out-of-Court Dispute Service (ODS) procedure under these Rules.
• ADR Center's "Case Management System" or "CMS" is a multilingual electronic communication technology developed by ADR Center to easily file a complaint and manage the ODS process online in all official languages of the European Union. The CMS is available at the following website: https://ods.adrcenter.com.
• "Assessor" means an expert appointed by ADR Center for managing the ODS procedure and issuing a non-binding decision.
• "Complaint" is the initial claim made by a User through ADR Center's CMS against a Provider, which falls within the areas listed in Art. 3, Section 3.
• "Digital Service Act," "Digital Services Regulation," or "DSA" means Regulation (EU) 2022/2065 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) of the European Union.
• "Out-of-court Dispute Service Mechanism," "Out-of-court Dispute Resolution," or "ODS" means the online dispute resolution procedure administered by ADR Center and its Assessor acting in a neutral, impartial, and competent manner with the aim of issuing a decision that is not binding on the Parties.
• "Online Platform," "Online search engine," "Provider," or "Platform" means a provider of an online platform or a large online platform that as a hosting service, at the request of a User, stores and disseminates information to the public.
• "Service Recipient," "Recipient," or "User" means any natural or legal person using an intermediary service provided by a Provider of an online platform.
• "Trusted Flaggers" or "Flagger" means any entity, designated by the respective national digital services coordinators, responsible for detecting potentially illegal content and alerting online platforms.
• "Party" or "Parties" means a User or Flagger or Provider, who jointly participate in an ODS procedure.
• "Documents" means all files, computer records, and any other evidence that has been submitted by the Parties to the dispute.
• "Rules" means these Rules for Out-of-Court Dispute Service adopted by ADR Center and which may be subject to further amendment.
• "Terms and Conditions" means all clauses, regardless of their name or form, that govern the contractual relationship between the Platforms and Users.

Art. 2 Application of the Rules

1. These Rules ("the Rules") are administered by ADR Center ("ADR Center") and its Assessors.
2. These Rules define how ADR Centers shall handle out-of-court dispute resolution between Users and Providers of online platforms, in accordance with Article 21 of Regulation (EU) 2022/2065 on the Single Market for Digital Services, which also amends Directive 2000/31/EC (Digital Services Act) of the European Union.
3. The Rules apply to domestic and cross-border disputes between service recipients and online platform providers in the following areas:
   1. Illegal content or incompatibility with provider terms and conditions;
   2. Removing or disabling access to information;
   3. Suspension or termination of user accounts or service provision;
   4. Suspension, termination, or limitation of the ability to monetize information; and
   5. Any other actions taken by online platform providers that affect users' content or accounts.
4. ADR Center may from time to time amend any provision of these Rules and such amendments shall be effective and applicable to all Claims filed after the date of posting of the relevant amendment on ADR Center's website at https://ods.adrcenter.com.

Art. 3 Initiation of the Procedure

1. Any User or Flagger may initiate an ODS proceeding against a Provider in accordance with these Rules by filing a complaint with ADR Center through its CMS.
2. To file a claim, the User must first register in the ADR Center CMS by creating a personal account and agreeing to the terms and conditions governing the operation of the CMS.
3. The complaint must contain at least:
   1. The full contact details of the User or Flagger, including a copy of a valid ID, e-mail address, telephone number, and mailing address;
   2. The Provider against whom the complaint is made;
   3. Description of the complaint and the measures already taken to attempt to resolve it;
   4. The desired outcome of the claim that the User or Flagger wishes to obtain (e.g., refund, replacement, removal/restoration of content);
   5. Digital copies of all documents relevant to the dispute, such as photos, screenshots, invoices, receipts, video or audio files;
   6. Preference of language in which to run the procedure;
   7. Payment of start-up fees due for the administration of the procedure.

Art. 4 Appointment of the Assessor

1. ADR Center will appoint an Assessor from its pool of experts who possesses the skills and language knowledge most appropriate to the complaint and who is available to issue a non-binding decision in a timely manner under these Rules.

Art. 5 Conflict of Interest, Communications, and Replacement of an Assessor

1. Before formally accepting the assignment, the Assessor must sign a statement attesting to his or her impartiality, neutrality, and independence, as well as a detailed knowledge of the terms and conditions of the Provider being complained about.
2. Each Assessor is required to disclose to ADR Center and the Parties involved the presence of any financial, professional, or personal interests relating to the outcome of the proceeding, or the existence of facts or circumstances that may generate a presumption of bias or affiliation with one of the Parties. Upon receipt of such information, and after consultation with the Parties, ADR Center may replace the Assessor with another expert selected from its roster.
3. All Assessors agree not to offer their services or assistance, paid or unpaid, to Providers, Users, or Flaggers involved in cases assigned to them, for the duration of the ODS procedure and for a period of three years thereafter. Failure to comply with these provisions will result in removal from the list of Assessors among ADR Center experts.
4. A conflict of interest is considered to exist in cases where the Assessor:
   1. provided advice, in any form and regardless of remuneration (paid or pro bono), to one of the Parties involved in the assigned complaint; or
   2. possesses personal, financial, or professional interests with one of the Parties to the assigned complaint. In such circumstances, the Assessor is required to withdraw from the procedure.
   3. All complaints made by Users affiliated with ADR Center (e.g., directors, employees, decision makers, etc.) are considered inadmissible.
   4. ADR Center's directors, employees, and Assessors should not have any relationship with Providers and in particular any personal, financial, or professional interest that might compromise the ability to act impartially and independently. This may include, but is not limited to, family relationships, personal or professional partnerships, significant financial investments, or any other ties or commitments that might call into question the individual's independence and objectivity.

Art. 6 Phases and Timing of the Procedure

1. Eligibility and appointment of the Assessor (maximum 10 days): Following receipt of the complaint, ADR Center appoints an Assessor with the appropriate skills and language knowledge. Within 10 days after the complaint is filed, the Assessor verifies the admissibility of the case according to the regulations of the DSA and the present Rules. If the complaint is admissible, the Assessor notifies the affected Provider through CMS, sending a digital copy of the complaint and relevant attachments. Complaints found to be inadmissible are archived, and the User or Flagger is notified promptly through CMS. Filing does not prevent the User from pursuing appropriate legal remedies according to applicable laws.
2. Provider response (maximum 20 days): The Provider must provide a response and submit any additional documents related to the complaint through CMS within 20 days of receipt of the complaint. In the case of complaints related to the removal of content deemed illegal, the Provider is required to provide copies of the removed content. If the Provider, despite being invited to participate in the procedure, refuses or fails to respond within the stipulated 20 days, the Assessor may make a non-binding decision based solely on the documents submitted by the User in the complaint.
3. Further exchange of statements and documents (maximum 25 days): The parties may continue to exchange documents, statements, and settlement proposals for an additional 25 days, reaching a total of 45 days from notification to the Provider. For particularly complex disputes, the Assessor may extend this period up to a maximum of 60 days.
4. Settlement proposals: If the Parties reach an agreement by exchanging and accepting proposals through CMS, the Assessor closes the proceedings by declaring the complaint resolved.
5. Issuance of a decision (maximum 15 days): At the end of the document exchange period, the Assessor has 15 days to issue and file a non-binding decision through CMS. This decision is based solely on the documents provided by the User and/or the Flagger, even if there is no response or documentation from the Provider.

To monitor the effectiveness of the procedure, ADR Center will send a questionnaire to the parties to collect their feedback and their decision to accept, in whole or in part, the decision of the Assessor.

Art. 7 Duration of the Procedure

1. The ODS procedure: will be handled exclusively through ADR Center's CMS system and will be concluded within 90 days from the date of receipt of the complaint. In cases of particular complexity, this deadline may be extended by an additional 90 days for a total of 180 days.
2. All communication: through the CMS will be in writing using electronic means, in the 24 official languages of the European Union.

Art. 8 Representation

1. It is allowed: for the Parties to be assisted by lawyers, experts, and consultants appointed by them for the preparation of written statements. Proof of the qualifications of such professionals is not required.
2. Parties that are not natural persons: are required to submit, at the beginning of the ODS procedure, appropriate documentation proving the representative powers of the person authorized to sign the written statements.

Art. 9 Confidentiality and Protection of Personal Data

1. All information, records, reports, or other documents: received by the Assessor during his or her term of office will be treated with strict confidentiality. The Assessor shall not disclose such documents or testify or give evidence relating to the ODS procedure in any judicial proceeding or forum. The Parties shall maintain the confidentiality of the procedure and shall not use or introduce as evidence in arbitration, judicial or other proceedings:
   1. The opinions expressed, proposals or offers proposed by a party;
   2. Admissions made by a party during the ODS procedure;
   3. Any evidence or source of evidence that does not become inadmissible only for its use in the ODS procedure.
2. The collection, processing, and storage of all data: transmitted through CMS will take place in full compliance with applicable data protection regulations and in accordance with ADR Center's Data Protection Notice, available at https://ods.adrcenter.com/.
3. By submitting documents or written evidence: through the CMS, the Party confirms that it has obtained such documents lawfully and with the consent of the persons concerned, whose personal data may be contained in the documents, and agrees to the exchange of such data between the Parties to the dispute through the CMS.
4. By agreeing to participate in the ODS process: the Parties agree that an anonymized version of the final non-binding decision may be posted on the CMS, ADR Center, and other affiliated websites, and used for statistical or analytical purposes by ADR Center.

Art. 10 Non-binding Decision

1. The decision issued by the Assessor: will not be binding on the Parties unless they choose to accept it and formalize it in accordance with the national applicable law to the place of performance. Neither ADR Center nor the Assessor is responsible or required to formalize any additional binding decisions, which shall be handled directly between the Parties.

Art. 11 Conclusion of the Procedure

1. With the issuance of the non-binding decision, or the intervening settlement between the parties: the ODS procedure shall be deemed concluded without any right of appeal by either Party.
2. The decision: is without prejudice to the Parties' right to take legal action in a court of competent jurisdiction.

Art. 12 Disclaimer

1. Neither ADR Center nor the Assessors: shall be liable to the Parties for any act or omission alleged in connection with the procedure conducted under these Rules or the settlement reached.

Art. 13 Interpretation and Application of the Rules

1. The Assessor: shall interpret and apply these Rules insofar as they relate to the duties and responsibilities of the Assessor. In all other cases, the Rules will be interpreted and applied by ADR Center.

Art. 14 Start-up Costs and Cost of the Procedure

1. At the time the claim is filed: the User is required to pay the nominal initiation fees specified in the claim form. The Provider will cover the full cost of the ODS proceeding, based on a service agreement with ADR Center that takes into consideration the annual volume of cases handled, the Assessor's professional fees, and costs related to secretarial and to CMS management.
2. If the dispute is decided, in whole or in part, in favor of the User: the Provider shall reimburse the User for the initiation costs and all costs incurred in connection with the ODS procedure. These costs shall be determined by the Assessor according to the following criteria:
   1. Expenses reasonably related to and aimed at ensuring the legal protection of the User's rights during the ODS procedure;
   2. Proof of actual payment of expenses, accompanied by relevant documentation;
   3. Usual expenses for this type of litigation and proportionate to the objectives pursued, such as legal representation and expert advice;
   4. Charges that do not exceed prevailing market costs for similar services necessary to ensure adequate legal protection of the User's rights.
3. If the dispute is decided in favor of the Provider: the User is not required to reimburse the Provider for the costs incurred in participating in the ODS proceeding, unless the Assessor determines that the User acted in bad faith. In such a case, the User shall reimburse the Provider for the actual costs incurred in the ODS proceeding.

Art. 15 Role of the Assessor in Other Proceedings

1. The Assessor may not act: as an arbitrator, mediator, representative of counsel for a Party in an arbitration or judicial proceeding related to the dispute that is the subject of the ODS proceeding.

Art. 16 Applicable Law and Jurisdiction

1. The ODS procedure is regulated, interpreted, and implemented: in accordance with the laws of Italy. Participation in this procedure does not impair or limit in any way the right of the User or the Flagger to take legal action in the court of competent jurisdiction.