The Federal Network Agency has officially recognized the first arbitration board for social media users based on the European Digital Services Act (DSA). The Berlin-based User Rights GmbH operates a contact point for people who feel they are being unfairly sanctioned by platforms or who accuse them of inaction.
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To ensure that not every dispute between users and platform operators immediately involves the courts, the DSA provides an alternative mechanism in Article 21. In the event of a dispute, users should be able to contact a certified arbitration board. Depending on the DSA, other organisations such as consumer protection associations or user rights centres may also represent users in disputes.
Federal Network Coordination Agency
The certification of arbitration bodies is carried out by so-called DSA coordinators, who monitor compliance and enforcement of the DSA in the EU member states. In Germany, this role is taken over by the Federal Network Agency.
Fesser’s search plan: A critique of “total surveillance of public places”.“Out-of-court dispute resolution is a simple and quick way for users to defend themselves against decisions taken by online platforms,” says Klaus Müller, president of the Bundesnetzagentur. The certification of the first such status in Germany is an important step in “consistently enforcing” the DSA’s rules.
This is what it looks like at the moment “User Rights” Portal According to its own statement, it accepts complaints about LinkedIn, TikTok and Instagram, and other operators will follow in the future. User rights and, in the future, other certified providers depend on the platforms’ willingness to cooperate.
Platforms must indicate this possibility on their pages and apps. When making their decisions, out-of-court dispute resolution bodies must act independently and have no conflict of interest, such as the DSA coordinator. Published guides Makes it clear.
not legally binding
Decisions of dispute resolution bodies are not legally binding. There is no obligation to hire a lawyer or take this route before going to court. However, calling a dispute resolution body can be a shortcut or an alternative to misunderstandings.
For those who contact a dispute resolution body, the process is usually free of charge. The DSA stipulates that users who contact a dispute resolution body can only contribute to the costs, up to a nominal fee. This also applies if the dispute resolution body believes the user is in the wrong – unless the user is acting in a “clearly malicious manner”.
User Rights GmbH states that it acts free of charge for users and does not charge any security fees. Participating platforms must pay a fee per case to the arbitration board, which depends on the actual costs of the procedure.
(vbr)
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