Users can contest moderation decisions by online platforms restricting their accounts or sanctioning their content in several ways. This right also applies to notices of illegal content that were rejected by the platform. According to the DSA, users may appeal through the internal complaint-handling system of platforms. Platforms are required to promptly review their decisions.

However, the DSA also gives users the right to turn to out-of-court dispute settlement (ODS) bodies, if they think a decision by an online platform was wrong. A list of certified out-of-court settlement bodies and their details is available in the table at the bottom of the page.

These bodies are an alternative to judicial proceedings offering a faster and more cost-effective way to settle disputes. Besides, users may always take the matter to their national courts.

Users may select any entity that has been certified as a dispute settlement body in the EU for their type of dispute and request a review of a platform’s content moderation decision.

For the user, dispute settlement will usually be available free of charge or at a low cost. If the body settles the dispute in favour of the user, the online platform shall bear all the fees. Users should always review information on applicable fees on the website of the respective body before lodging a request for dispute settlement.

Dispute settlement bodies do not have the power to impose a binding settlement of the dispute on the parties, but platforms and users are required to engage with them in good faith.

Organisations wishing to become a dispute settlement body need to submit an application with a national certifying authority – the Digital Services Coordinator (DSC) of their country of establishment.

The DSCs are responsible for overseeing the DSA implementation in their respective country, including dispute settlement bodies. The certification is valid for a maximum of five years and can be renewed. Certified bodies must uphold certain conditions:

• Impartiality and independence: The dispute settlement body must be impartial and independent (including financially) of online platforms providers and of the service recipients, such as individuals that have submitted a complaint.
• Expertise: The body needs to have expertise in one or more particular areas of illegal content or in the application and enforcement of terms and conditions of one or more types of online platform.
• Remuneration: The members of the body are remunerated in a way that is independent to the outcome of the procedure.
• Accessibility: The out-of-court dispute settlement must be easily accessible, allowing the submission of a complaint and supporting documents online.
• Efficiency: The body should be able to settle disputes in a swift, efficient and cost-effective manner and in at least one of the official languages of the EU.
• Rules of procedure: The body must operate in accordance with clear and fair rules of procedure that are easily and publicly available and comply with applicable law.

Only EU-based organisations can be certified as dispute settlement bodies. This ensures that they operate within the regulatory framework of the EU, contributing to a harmonised approach in resolving content moderation disputes. The certification is valid across all 27 EU Member States.

However, a certification can be limited to certain areas of expertise (particular types of illegal content or particular types of online platforms) or certain languages in which the body is capable of settling disputes.

Transparency and accountability

Dispute settlement bodies provide to their national certifying authorities annual reports on their work. In turn, each national authority reports once every two years on the functioning of all dispute settlement bodies that it certified. These reports contain information on the number of disputes, their outcomes, the time taken to resolve the disputes, encountered difficulties, best practices and recommendations to improve the functioning of the dispute settlement system.

The national authority that has certified a dispute settlement body has the right to revoke that certification, if it determines that the body no longer meets the required conditions.

The table contains information provided by the national authorities about the certification of dispute settlement bodies, including their areas of expertise and coverage of languages. Further information on their functioning and scope of operation is available on their websites and in their rules of procedure. If you have further questions about the certification of a specific body, you can contact the relevant certifying authority. The list and websites of national authorities can be found on the page dedicated to Digital Services Coordinators.

Sources:

https://digital-strategy.ec.europa.eu/en/policies/dsa-out-court-dispute-settlement

https://digital-strategy.ec.europa.eu/en/policies/dsa-cooperation

https://www.consilium.europa.eu/en/policies/digital-services-act/

https://digital-strategy.ec.europa.eu/en/policies/digital-services-act