ODR platform, i.e. a consumer dispute resolution system
ODR (Online Dispute Resolution) stands for one of the ADR (Alternative Dispute Resolution) capabilities. The online ODR platform was created for the out-of-court resolution of disputes arising between entrepreneurs and consumers. It is also a source of information on forms of out-of-court dispute resolution.
ODR Online dispute resolution- is an interactive website for resolving conflicts between entrepreneurs and consumers (B2C) (Buisiness-to- consumer, i.e. the company and the customer).
ADR- Alternative dispute resolution - alternative dispute resolution methods. It is a method of resolving conflicts within the framework of mediation or in the course of proceedings before an arbitration court. This method is available in both B2C and B2B relations (Business to Business - company - company)
What is the ODR platform for?
The ODR platform applies to out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts or contracts for the provision of services concluded between consumers living in the European Union and entrepreneurs based in the EU.
Why was the ODR platform created?
The purpose of the ODR platform is to provide consumers with the possibility of voluntarily submitting applications for resolving disputes with entrepreneurs to entities offering independent, impartial, transparent, effective and quick methods of their alternative conflict resolution.
Who is the ODR platform for?
The ODR platform is intended for consumers from the European Union in conflicts with entrepreneurs based in the EU, who have a problem in connection with obligations arising from online sales contracts or contracts for the provision of services between consumers and entrepreneurs.
Obligations of entrepreneurs and the ODR platform
From the beginning of this year, in accordance with EU Regulation 524/2013, entrepreneurs are obliged to inform consumers about the possibility of resolving disputes electronically using the ODR platform when concluding online sales contracts or contracts for the provision of services. This obligation is fulfilled by placing an active link on your website. The trader must also provide his e-mail address.
The link to the website of the ODR platform should be easily accessible to consumers. It can be placed in the following places:
the footer of the website, with a note that ODR enables online dispute resolution,
the complaint tab,
the content of the regulations, if it is not in a version that allows it to be downloaded to the computer disk - an example point in the regulations In accordance with the instruction of the Regulation of the European Parliament and of the Council No. 524/2013 of May 21, 2013, below we provide an electronic link to the ODR platform,
another prominent place on the website.
The situation where there is no information about the ODR on the website together with a redirection to the appropriate page may be considered as a failure to meet the requirements for informing the consumer. This failure may be punished by:
imposing financial penalties on the online seller,
the imposition of a financial penalty by UOKiK of up to 10% of revenues for the previous accounting year as a breach of the collective interest of consumers,
loss of customer trust.
Additionally, an incorrectly fulfilled information obligation entails the risk of having a prohibited clause, which is also punishable by law.
The purpose of ODR is to enable consumers to use extrajudicial means of dealing with complaints and redress. The platform is already operating in most European Union countries.
For the consumer, submitting a complaint consists of completing three pages of the form, entering the seller's data, description of the complaint and supplementing his personal data. In order to use the platform, entrepreneurs must first register. Unfortunately, no dispute resolution bodies in Poland, Croatia, Spain, Luxembourg and Romania currently operate via this website. Therefore, it is currently not possible to use ODR, but the provisions on informing about the existence of this platform have been in force since the beginning of the year.