If you, as a user of an online platform (such as a social network, marketplace or video-sharing platform) do not agree with a decision of that platform – for example because your message was deleted or your account was suspended – then you can use an out-of-court dispute settlement procedure.
You are not required to follow the out-of-court dispute settlement procedure, it is an option alongside other remedies (such as going to court).
However, it is a quick way to settle a dispute through an independent body without having to go to court.
When can you call on an ODS body?
You can appeal to an out-of-court dispute settlement body (ODS) recognized in Europe for the following problems:
1. you do not agree with the following decision made by the online platform (e.g. Facebook, Instagram, TikTok, Vinted, Amazon Marketplace, etc.):
- the removal or limitation of the visibility of content such as a post, video or advertisement … that you have published, or
- the platform does not respond as desired to your request to remove or limit the visibility of other people's content, or
- the suspension or deletion of your account, or
2. you have complained about these decisions through the internal complaint procedure of the online platform, but you are not satisfied with the result.
Which organisations are recognised as ODS bodies?
All recognized out-of-court dispute settlement bodies are published here.
The recognition is valid throughout the EU, so Belgian users can also appeal to these ODS bodies.
You can freely choose which body you call upon. Certain ODS bodies only deal with certain disputes (particular types of illegal content or certain types of online platforms). So first check if the ODS body is handling your specific problem and if it operates in the language you want to use.
What can you expect from an ODS procedure?
- The ODS body is independent of the platform and therefore it rules impartially,
- The procedure shall be transparent and quick;
- It is accessible and user-friendly, including fully online;
- The ODS body will treat both parties (you and the platform) fairly (according to predefined, clear, legal and published procedural rules) and in principle take a non-binding decision within 90 calendar days;
- The costs must remain reasonable: if the submission of a procedure to an ODS body is not free of charge, only low lump sums can be requested. If the ODS body rules against the platform, that platform has to reimburse you for these costs (and any other costs incurred).
What is the role of the BIPT?
The BIPT itself is not an ODS body. The BIPT:
- ensures the recognition and proper functioning of ODS bodies established in Belgium;
- may withdraw the certification of an ODS body which it has recognized if there are good reasons for doing so.
For further questions (or reports) related to the DSA ODS procedure or bodies, please contact the BIPT via dsa@bipt.be.