Under Article 21 of Regulation (EU) 2022/2065 on a Single Market For Digital Services and amending Directive 2000/31/EC (hereinafter: “DSA”), the Digital Services Coordinator (“DSC”) can certify organisations as out-of-court dispute settlement bodies (or “ODS bodies”).
An ODS body is authorised to handle disputes between users of online platforms in the sense of the DSA and providers of such services.
The purpose of the certification is to recognise entities who, in a structurally independent and impartial manner, can handle disputes resulting from the application of the DSA provisions, especially with regard to measures taken by providers of online platforms concerning notices, complaints or content restrictions.
Providers of online platforms must cooperate in good faith with the out-of-court dispute settlement body selected by the user to resolve the dispute. They can only refuse to cooperate if a dispute has already been resolved concerning the same information and the same grounds of alleged illegality or incompatibility of content.
As explained below, in the Belgian context, the BIPT at least has a one stop shop function for (applicant) ODS bodies.
Furthermore the BIPT generally provides information about recognition conditions for ODS bodies and about obligations after having been recognised. However, the decisions of the competent authority or authorities always take precedence over the informative content on this website.
1. Belgian context and competencies
In accordance with the DSA the DSC of the country of establishment of the (applicant) ODS body is competent for the certification, even if, for instance, the platform concerning which the applicant wants to handle disputes, were established in another EU country.
In Belgium, the Belgian Institute for Postal Services and Telecommunications (BIPT) has been designated as the Digital Services Coordinator.
Entities wishing to obtain the status of certified out-of-court dispute settlement body can submit their application with the BIPT at the following email address: dsa@bipt.be.
As numerous competences are involved in the implementation of the DSA, both at the federal and the community level, 4 competent authorities have been designated in Belgium:
- the BIPT, designated at the federal level by virtue of the Act of 21 April 2024;
- the Vlaamse regulator voor de media (VRM), designated by the Flemish Community by virtue of the Decree of 26 January 2024;
- the Conseil Supérieur de l’Audiovisuel (CSA), designated by the French Community by virtue of the Decree of 15 February 2024;
- the Medienrat, designated by the German-speaking Community by virtue of the Decree of 01 March 2021.
Each competent authority is responsible for awarding the status of ODS body to entities falling under its competence, considering the Belgian division of powers.
The Digital Services Coordinator designates the competent authority or authorities. The latter will treat the application and take a decision.
Competent authorities keep each other posted. The BIPT is responsible for the relations with the European Commission and the DSCs in other EU countries with regard to out-of-court dispute settlement.
2. Requirements for certification
In order to be certified the dispute settlement body needs to demonstrate it meets the following conditions, as laid down in Article 21 of the DSA:
1. Independence and impartiality
The body must be impartial and independent (including financially) of online platforms providers and of the recipients of the service provided by the online platforms providers, including of individuals or entities that have submitted notices.
2. Expertise
Dispute settlement bodies need to have the necessary expertise in relation to the issues arising in one or more particular areas of illegal content, or in relation to the application and enforcement of terms and conditions of one or more types of online platform.
3. Neutrality
The members of the body are remunerated in a way that is not linked to the outcome of the procedure.
4. Accessibility
The out-of-court dispute settlement that it offers is easily accessible, through electronic communications technology, including for users with disabilities, and provides for the possibility to initiate the dispute settlement and to submit the requisite supporting documents online.
5. Efficiency and timeliness
The body must be capable of settling disputes in a swift, efficient and cost-effective manner; the disputes must be settled within a reasonable period of time, whereby the period of 90 calendar days is considered to be the principle.
6. Transparency of procedures
The out-of-court dispute settlement that it offers takes place in accordance with clear and fair rules of procedure that are easily and publicly accessible, and that comply with Belgian and EU law, including the DSA.
7. Language requirements
The body must be capable of settling disputes in at least one of the official languages of the EU.
3. Application procedure
The application for certification must be submitted to the BIPT in written form and includes at least:
- the articles of association or another form of memorandum of association (updated version)
- the regulations and/or description of the internal organisation
- description of, including integrated guarantees for, the financially and functionally independent nature of the body
- curricula vitae and qualifications of the dispute settlers
- description of the procedural functioning and terms of access, including the costs charged to the recipient of the service and to the provider of the service
- technical description of the digital access infrastructure
- proposal of means of communication and transparency towards users
- cost model applied, if any, for charging costs to the parties
The BIPT reserves the right to request additional information to verify conformity with the DSA, if it is the competent authority for certification.
4. Evaluation and decision-making
Upon receipt of a complete file the BIPT or another authority competent in Belgium examines whether the applicant meets the criteria laid down in the DSA. In case of a positive evaluation a certification decision is taken.
Any body certified in Belgium is included in the list of certified out-of-court dispute settlement bodies of the European Commission.
A certification decision is valid for a maximum of five years but the certification can be renewed.
5. Contact and extra information
For further explanation or for submitting an application for certification please contact the BIPT at dsa@bipt.be.
Obligations of certified dispute settlement bodies
1. Obligation to report
The certified dispute settlement body must draw up a public annual activity report, which includes the following elements among other things:
- number of disputes received
- information about the outcomes of the disputes
- average handling time
- any shortcomings or difficulties encountered, such as online platforms refusing to cooperate
- any recommendations for structural improvements
2. Cooperation with the competent authorities
The certified body actively cooperates with the BIPT and the other competent authorities, e.g.
- when competent authorities investigate notices of systemic infringements or repeated non-compliance with the DSA obligations by online platform services or
- when the DSC draws up, every two years, the report on the functioning of the out-of-court dispute settlement bodies that it certified.
3. Observance of the certification conditions
A body certified under Article 21 of the DSA must permanently continue to meet the conditions that resulted in the certification.
If the BIPT or another competent authority determines that a certified body no longer meets the DSA requirements, it can revoke that certification entirely or partially, after having afforded that body an opportunity to react to the findings of its investigation and its intention to revoke the out-of-court dispute settlement body’s certification.