ADR and the EU Online Dispute Resolution (ODR) platform rules in force from 15 February 2016. (The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 as amended by the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015).
From 15 February 2016, the European Commission will make an online dispute resolution (ODR) platform available on their website, which will allow consumers who have a complaint about a product or service bought online to submit the complaint using the platform.
It will facilitate resolution complaints rather than actually resolving them.
Complaints submitted to the platform will be dealt with by approved alternative dispute resolution (ADR) providers such as the Financial Ombudsman Service.
The EU ADR Directive and the ODR Regulation require firms to provide certain information to consumers about the ODR platform. They are only relevant to an ‘online trader’, which includes any trader who offers goods or services on a website, or by other electronic means (i.e. email).
The Department for Business, Innovation and Skills (BIS) has produced detailed guidance for businesses on the ODR requirements, (see the ODR Annex).
Firms’ specific requirements.
All firms must:
(1) provide the name and website address of the ADR entity or EU listed body
(a) on the trader’s website, if the trader has a website; and
(b) in the general terms and conditions of sales contracts or service contracts of the trader, where such general terms and conditions exist.
An online trader must:
(1) (a) provide a link (http://ec.europa.eu/odr) to the ODR platform in any offer made to a consumer by email; and
(b) inform consumers of:
(i) the existence of the ODR platform; and
(ii) the possibility of using the ODR platform for resolving disputes.
(2) The information in (1)(b) must also be included in the general terms and conditions of online sales contracts and online service contracts of the trader, where such general terms and conditions exist.
(3) An online trader must on its website
(i) provide a link (http://ec.europa.eu/odr) to the ODR platform; and
(ii) state the online trader’s email address.
Written by CCTA