Online Dispute Resolution under Section 21 of the Digital Services Act

Welcome to the section dedicated to online dispute resolution (ODS) offered by Concordia et Ius srl, a Conciliation Body. Concordia et Ius srl is currently applying for accreditation with AGCOM to obtain certification as an Alternative Dispute Resolution (OSD) Body for disputes between online platform providers and service recipients pursuant to Article 21 of the Digital Services Regulation (DSA).

Starting September 15, 2024, with the entry into force of Resolution No. 282/24/CONS and the attached Regulation, organizations wishing to provide out-of-court dispute resolution services between service recipients and online platforms may submit a certification application pursuant to Article 21 of the DSA.

Here you will find all the information you need to understand our service, compliance requirements under the Digital Services Act (EU Regulation 2022/2065), E AL, and how to access our procedures.

Services offered

We will handle disputes relating to:

• Dissemination of illegal content or incompatibility with the provider's terms and conditions or violations of the terms of service.
• Harmful or illegal products and services.
• Incitement to hatred, violation of human dignity, respect for private and family life, discrimination, defamation and other similar crimes.
• Violation of intellectual property rights or contrary to data protection legislation and other commercial rights.
• Unauthorized use of copyrighted material.
• Publishing false or potentially harmful content (fake news, influencing civic discourse and electoral processes, and disinformation).
• Illegal non-consensual sharing of private images.
• Cyberstalking.
• Pornographic or sexualized content that is inappropriate or harmful.
• Cyberbullying and online harassment.
• Violation of the rules protecting the rights of minors.
• Gender-based violence.
• Scams and/or fraud.
• Sale of non-compliant or counterfeit products.
• Protection of public health.
• Illegal offer of accommodation services.
• Provision of services in violation of consumer protection legislation.
• Risk to public safety.
• Restrictions on the visibility of information (removal of content, limitation or disabling of access to information, demotion).
• Violation of the Terms of Use regarding content moderation.
• Suspension or termination and closure of user accounts.
• Partial or total cessation of the provision of the service, and service restrictions.
• Suspension, termination, or limitation of the ability to monetize information (demonetization).
• Issues related to internal platform policies, such as visibility restrictions, removal or blocking of user-uploaded content, moderation and visibility policies.
• Disputes over unclear or potentially unfair and/or abusive contractual clauses and,
• Any other action taken by online platform providers that affects user content or accounts.

DSA Compliance Requirements

To ensure compliance with European regulations, our service will respect the following principles:

1. Independence and Impartiality

• The Organization is independent, both financially and organizationally, from online platforms, users, and reporters.
• The decision makers who manage disputes are qualified experts and not influenced by the outcome of the procedures.
• Policies will be adopted to avoid conflicts of interest.

2. Accessibility and Technological Methods

• Disputes will be initiated online through a secure and user-friendly technological interface, accessible in Italian and English.
• We will provide technical support to facilitate the use of the platform even for non-expert users.

3. Transparency

• Publication of the Internal Regulations governing ODS procedures.
• Pricing model details (including nominal user fees).
• Archive of decisions issued in anonymized form, available for statistical and transparency purposes.
• Annual statistics on disputes handled (number, outcomes, platforms involved).

4. Efficiency

• Decisions will be issued within 90 days of filing the complaint, extendable up to a maximum of 180 days for complex cases.
• The procedures will be streamlined with the aim of minimizing costs for users.

5. Information on Decision Makers

• Details on the competence requirements of Decision Makers.
• Specific training received on illegal content and moderation of online platforms.

6. Equity

• We ensure a fair decision-making process with clear and balanced procedural rules.
• Users will be able to submit digital documentation as evidence to support their complaint.

7. Useful links

• Link to the European Commission database of ADR entities certified under Article 21 of the DSA,
• Any other resources relevant to users.

How to File a Complaint

1. Filling out the Online Form: You can access our website and, once downloaded, you can fill out the editable form with:

• Complete personal contact details.
• Description of the complaint and the measures already taken to attempt to resolve the dispute.
• The desired outcome that the User or Reporter intends to achieve.
• Digital evidence of all relevant documentation supporting the dispute (photos, screenshots, invoices, receipts, video and audio files, communication logs, etc.).
• Preference for the language in which the procedure is to be conducted.
• Payment of the initial fees due for the administration of the procedure.

2. Download and verify:

Download the completed application in PDF format and check for a detailed description of the desired outcome (removal of content, refund, etc.).

3. Submitting the Application: The completed form must be sent, duly signed, by the complainant via certified email to the following address: concordiaetius.osd@mypec.eu or ods@concordiaetius.it

4. Confirmation: You will receive a notification within 10 working days with the case identification number and the name of the designated Decision Maker.

Appointment of the Decision Maker

The Conciliation Body Concordia et Ius srl will select a Decision-Maker from the internal list of accredited experts, choosing the most suitable profile based on technical expertise, language proficiency, and availability. The Decision-Maker must issue a non-binding decision within a reasonable timeframe, in accordance with the provisions of the Body's Regulations regarding OSD.

Procedure Costs

For Users:

• Symbolic fee: €10 VAT (€12.20 total).

For Suppliers:

• Full coverage of the costs of the procedure, including fees for decision-makers and administrative expenses, based on a contract with the Conciliation Body Concordia et Ius srl and the Platforms that takes into account the annual volume of cases handled, the decision-maker's hourly professional fees, and the costs related to secretarial expenses and administrative management of the CMS.

Stages and timing of the procedure

• Eligibility check and appointment of the Decision Maker (maximum 10 days).
• Supplier Response (maximum 20 days).
• Further exchange of declarations and documents (for up to 45 days).
• Any proposals for agreement between the Parties.
• Issuing a decision at the end of the document exchange period (maximum 15 days).

Duration of the procedure

• Closure within a maximum of 90 days from the date of receipt of the complaint.
• In particularly complex cases, the deadline may be extended, with express justification from the Decision Maker, by a further 90 days, up to a maximum of 180 days.
• The deadlines may be suspended by the Decision Maker in the event of a request for additional documentation from the Parties.

Privacy and Confidentiality: All information provided is processed in compliance with the GDPR. Decisions may be published anonymously to ensure transparency without compromising user privacy.

Annual Statistics

Each year we will publish a detailed report on the disputes handled, including average timescales and outcomes of procedures.

This page is designed to fully comply with the requirements of Article 21 of the Digital Services Act, ensuring transparency, accessibility, and fairness in processing.

The services listed on this page may be performed by the Organization, solely and exclusively, from the moment AGCOM issues certification to the Conciliation Body Concordia et Ius srl, as an Out-of-Court Dispute Resolution Body (OSD) between Online Platform Providers and Service Recipients pursuant to Article 21 of the Digital Services Regulation (DSA).