since mid-February 2016, the platform for online dispute resolution (ODR or OS platform called.) The European Commission is active. After the ODR Regulation (EU Regulation 524/2013 on online dispute resolution for consumer disputes) it should be point of contact for consumers and businesses, the disputes resulting from online transactions would be settled out of court. The complaints should be forwarded through the platform to the body responsible for the dispute concerned national arbitration body. Offline agreements are not recognized. Companies to complete the online purchase agreements or online service contracts must receive a link to the platform on their websites. It does not matter whether the conclusion of the contract on classic webshop, via e-mail or other online forms of distribution takes place. The obligation to do so exists since 01.09.2016, previously the technical requirements, the Commission had not created. Companies should link: https://ec.europa.eu/odr now integrate swiftly into the website of their web shops. The link must be easy to find for consumers. It is advisable, therefore, to access directly to the home page set up (for example, by a button: “Online Dispute Resolution platform”). The online retailer has to announce in this context, his e-mail address. In addition, from April 2016 the Conditions of an indication of the existence of European OS platform and the ability to use them for the settlement of disputes occur is obligated. The ODR platform includes a standard complaint form for consumers in all EU official languages as well as some functions, in particular the decision by the competent national consumer alternative dispute resolution and understanding of the relevant operator of a complaint. Also traders can complain using the platform on consumer, unless the consumer is domiciled in Belgium, Germany, Luxembourg and Poland.
(Source: Report from Brussels / BW / 02.22.2016) IHK SPECIAL International | 03/2016 / Munich
