1724 wat betreft het stopzetten van het Europese ODR-platform - Hoofdinhoud

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dossier	COM(2023)647 - Intrekking van Verordening (EU) nr. 524/2013 en tot wijziging van de Verordeningen (EU) 2017/2394 en (EU) 2018/1724 wat ...
document	COM(2023)647
datum	17 oktober 2023

(1)Regulation (EU) No 524/2013 of the European Parliament and of the Council 10 established, and mandated the Commission to develop and maintain, the European Online Dispute Resolution (‘ODR’) Platform at Union level, which offers a single point of entry to consumers and traders seeking to resolve disputes arising from online transactions out-of-court.

(2)The ODR platform takes the form of an interactive website where consumers may request traders to agree to use an alternative dispute resolution (ADR) body listed on the platform, which complies with Directive 2013/11/EU of the European Parliament and of the Council 11 .

(3)Regulation (EU) No 524/2013 requires online traders and online marketplaces to provide an easily accessible link to the ODR platform on their website. That obligation, together with information campaigns made by the Commission and national stakeholders, has brought between two and three million visitors to the platform’s website every year.

(4)However, only a minority of visitors use the platform to launch a complaint, and only 2% of those actually receive a positive reply from traders so that their request can be transmitted to an ADR body listed on the platform. All in all, this represents about 200 cases across the Union. The Commission published a call for evidence on adapting out-of-court dispute resolution to digital markets, which ran from 28 September to 21 December 2022 and concluded that the platform had been used by only 5% of consumers who responded, while the majority of respondents considered that the platform should be substantially improved or discontinued as it was not cost-effective.

(5)The evidence strongly suggests that further maintenance of the European ODR Platform with no more than 200 cases transferred per year to an ADR entity does not correspond to the principles of efficiency and effectiveness as provided for Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council 12 .

(6)The ODR platform should be discontinued and Regulation (EU) No 524/2013 should therefore be repealed. Appropriate time should be provided to ensure that ongoing cases in the platform can be adequately terminated.

(7)Article 12 of the Regulation (EU) No 524/2013 establishes the rule for processing the personal data related to a dispute and stored in the database of the ODR platform maintained by the Commission.

(8)Pursuant to Article 12(3) of Regulation (EU) No 524/2013, personal data related to a dispute is kept in the database for the time necessary to achieve the purposes for which the data were collected and to ensure that data subjects are able to access their personal data in order to exercise their rights. That data should be automatically deleted, at the latest six months after the date of conclusion of the dispute which has been transmitted to the ODR platform. The Commission should inform users of the platform with open ADR cases of the closure of the platform in good time, and in any case at least four months before the platform is discontinued. The Commission should offer assistance to those users of the platform who wish to retrieve their case data.

(9)As the ODR platform is referred to as a platform that enables consumers to request traders to agree to an out of court dispute resolution in other Union legal acts, those acts should be amended to remove references to that platform. Regulations (EU) 2017/2394 13 and (EU) 2018/1724 14 of the European Parliament and of the Council should therefore be amended accordingly.

(10)Certain Directives contain references to Regulation (EU) No 524/2013. Therefore, its repeal makes it necessary to amend Directives (EU) 2015/2302 15 , (EU) 2019/2161 16 and (EU) 2020/1828 17 of the European Parliament and of the Council, which is to be done in Directive [xxx/xxx ] of the European Parliament and of the Council amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes[ 18 ].