We would like to inform you that new information obligations have recently come into effect for operators of online shops. The legal basis for this obligation is the "Regulation on Online Dispute Resolution for Consumer Disputes" (the ODR Regulation).
The key element of this regulation for online shops is the establishment of an interactive online platform by the European Commission, intended to enable alternative dispute resolution between consumers and online traders. According to the EU Commission, this is intended in particular to strengthen pan-European online commerce. In addition to general information on out-of-court dispute resolution, the platform is primarily intended to allow disputes to be submitted directly for settlement by completing an online form. Article 14 of the Regulation states:
Article 14
Consumer information
(1) Traders established within the Union engaging in online sales or service contracts, and online marketplaces established within the Union, shall provide on their websites an electronic link to the ODR platform. This link shall be easily accessible to consumers. Traders established within the Union engaging in online sales or service contracts shall also state their email addresses.
Under the EU Regulation, the dispute resolution platform should have commenced operation as early as 9 January 2016. Interestingly, however, there appear to be some teething problems, as a result of which the EU Commission has announced that the platform will likely not launch until 15 February 2016 (information from the EU).
For this reason, we recommend that you include the following text in a clearly visible location in the legal notice (Impressum) of your online shop:
"Information on online dispute resolution: The EU Commission will provide an internet platform for the online resolution of disputes. This platform is intended to serve as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The platform will be accessible via the following link: http://ec.europa.eu/consumers/odr."
This information obligation also applies to all other online platforms (such as "Amazon", "eBay", or "DaWanda"). The notice should therefore also be included there. Where technically possible, the link to the platform should be implemented as a clickable hyperlink.
In order to fully comply with the information obligation, we also recommend including the above text in all general terms and conditions (AGB) used for online commerce.
Frequently asked questions
Frequently asked questions
What does the ODR Regulation require from online shop operators?
The EU Regulation on Online Dispute Resolution in Consumer Matters (ODR Regulation) requires online traders to provide a link to a platform set up by the European Commission for out-of-court dispute resolution. The aim is to give consumers and traders engaged in cross-border e-commerce a simple way to settle disputes. The platform is available at http://ec.europa.eu/consumers/odr.
What information duties do online traders have under Art. 14 of the ODR Regulation?
Traders established in the EU that conclude online sales or service contracts must place an easily accessible link to the EU Commission's ODR platform on their website. In addition, an email address must be provided. This obligation also applies to online marketplaces.
Where should the notice on online dispute resolution be placed in an online shop?
The notice should appear in a clearly visible location within the legal notice (Impressum) of the online shop, ideally with a clickable link to the ODR platform. It is also advisable to include the text in the general terms and conditions (AGB) to fully comply with the information obligation.
Does the ODR information obligation also apply to sellers on Amazon, eBay, or DaWanda?
Yes, the information obligation also extends to merchants selling through external online platforms such as Amazon, eBay, or DaWanda. The reference to the EU Commission's ODR platform must therefore also be included on these seller profiles, and as a clickable link where technically feasible.
Which text should be used as the notice on online dispute resolution?
The following wording is recommended: "Information on online dispute resolution: The EU Commission provides an internet platform for the online resolution of disputes. This platform serves as a point of contact for the out-of-court settlement of disputes arising from contractual obligations under online sales contracts. The platform is accessible at the following link: http://ec.europa.eu/consumers/odr."