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18.6.2013 Official
Journal
of
the
European
Union L
165/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 524/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 21 May 2013
on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004
and Directive 2009/22/EC (Regulation on consumer ODR)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(3) In
its
Communication
of
13
April
2011
entitled
‘Single
EUROPEAN UNION,
Market Act — Twelve levers to boost growth and
strengthen confidence — “Working together to create
new growth” ’, the Commission identified legislation on
Having regard to the Treaty on the Functioning of the European
alternative dispute resolution (ADR) which includes an
Union, and in particular Article 114 thereof,
electronic commerce dimension as one of the twelve
levers to boost growth and strengthen confidence in
the Single Market.
Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national
parliaments,
(4) Fragmentation
of
the
internal
market
impedes
efforts
to
Having regard to the opinion of the European Economic and
boost competitiveness and growth. Furthermore, the
Social Committee (
uneven availability, quality and awareness of simple, effi

1 ),
cient, fast and low-cost means of resolving disputes
arising from the sale of goods or provision of services
Acting in accordance with the ordinary legislative procedure (
across the Union constitutes a barrier within the internal

2 ),
market which undermines consumers’ and traders’
confidence in shopping and selling across borders.
Whereas:
(1)
Article 169(1) and point (a) of Article 169(2) of the
Treaty on the Functioning of the European Union
(TFEU) provide that the Union is to contribute to the
(5) In
its
conclusions
of
24-25
March
and
23
October
2011,
attainment of a high level of consumer protection
the European Council invited the European Parliament
through measures adopted pursuant to Article 114
and the Council to adopt, by the end of 2012, a first
TFEU. Article 38 of the Charter of Fundamental Rights
set of priority measures to bring a new impetus to the
of the European Union provides that Union policies are
Single Market.
to ensure a high level of consumer protection.
(2) In accordance with Article 26(2) TFEU, the internal
market is to comprise an area without internal frontiers
in which the free movement of goods and services is
(6) The
internal
market
is
a
reality
for
consumers
in
their
ensured. In order for consumers to have confidence in
daily lives, when they travel, make purchases and make
and benefit from the digital dimension of the internal
payments. Consumers are key players in the internal
market, it is necessary that they have access to simple,
market and should therefore be at its heart. The digital
efficient, fast and low-cost ways of resolving disputes
dimension of the internal market is becoming vital for
which arise from the sale of goods or the supply of
both consumers and traders. Consumers increasingly
services online. This is particularly important when
make purchases online and an increasing number of
consumers shop cross-border.
traders sell online. Consumers and traders should feel
confident in carrying out transactions online so it is
essential to dismantle existing barriers and to boost
( 1 ) OJ C 181, 21.6.2012, p. 99.
consumer confidence. The availability of reliable and
( 2 ) Position of the European Parliament of 12 March 2013 (not yet
published in the Official Journal) and Decision of the Council of
efficient online dispute resolution (ODR) could greatly
22 April 2013.
help achieve this goal.

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L 165/2
EN
Official Journal of the European Union
18.6.2013
(7) Being
able
to
seek
easy
and
low-cost
dispute
resolution
purposes partly within and partly outside the person’s
can boost consumers’ and traders’ confidence in the
trade (dual purpose contracts) and the trade purpose is
digital Single Market. Consumers and traders, however,
so limited as not to be predominant in the overall
still face barriers to finding out-of-court solutions in
context of the supply, that person should also be
particular to their disputes arising from cross-border
considered as a consumer.
online transactions. Thus, such disputes currently are
often left unresolved.
(14) The
definition
of
‘online
sales
or
service
contract’
should
(8) ODR
offers
a
simple,
efficient,
fast
and
low-cost
out-of-
cover a sales or service contract where the trader, or the
court solution to disputes arising from online trans
trader’s intermediary, has offered goods or services
actions. However, there is currently a lack of mechanisms
through a website or by other electronic means and
which allow consumers and traders to resolve such
the consumer has ordered those goods or services on
disputes through electronic means; this leads to
that website or by other electronic means. This should
consumer detriment, acts as a barrier, in particular, to
also cover cases where the consumer has accessed the
cross-border online transactions, and creates an uneven
website or other information society service through a
playing field for traders, and thus hampers the overall
mobile electronic device such as a mobile telephone.
development of online commerce.
(15) This
Regulation
should
not
apply
to
disputes
between
(9) This
Regulation
should
apply
to
the
out-of-court
consumers and traders that arise from sales or service
resolution of disputes initiated by consumers resident
contracts concluded offline and to disputes between
in the Union against traders established in the Union
traders.
which are covered by Directive 2013/11/EU of the
European Parliament and of the Council of 21 May
2013 on alternative dispute resolution for consumer
disputes (Directive on consumer ADR) ( 1 ).
(16) This
Regulation
should
be
considered
in
conjunction
with Directive 2013/11/EU which requires Member
States to ensure that all disputes between consumers
(10) In
order
to
ensure
that
the
ODR
platform
can
also
be
resident and traders established in the Union which
used for ADR procedures which allow traders to submit
arise from the sale of goods or provisions of services
complaints against consumers, this Regulation should
can be submitted to an ADR entity.
also apply to the out-of-court resolution of disputes
initiated by traders against consumers where the
relevant ADR procedures are offered by ADR entities
listed in accordance with Article 20(2) of Directive
(17) Before
submitting
their
complaint
to
an
ADR
entity
2013/11/EU. The application of this Regulation to such
through the ODR platform, consumers should be
disputes should not impose any obligation on Member
encouraged by Member States to contact the trader by
States to ensure that the ADR entities offer such
any appropriate means, with the aim of resolving the
procedures.
dispute amicably.
(11) Although
in
particular
consumers
and
traders
carrying
out cross-border online transactions will benefit from
(18) This
Regulation
aims
to
create
an
ODR
platform
at
the ODR platform, this Regulation should also apply to
Union level. The ODR platform should take the form
domestic online transactions in order to allow for a true
of an interactive website offering a single point of
level playing field in the area of online commerce.
entry to consumers and traders seeking to resolve
disputes out-of-court which have arisen from online
transactions. The ODR platform should provide general
information regarding the out-of-court resolution of
(12) This
Regulation
should
be
without
prejudice
to
Directive
contractual disputes between traders and consumers
2008/52/EC of the European Parliament and of the
arising from online sales and service contracts. It
Council of 21 May 2008 on certain aspects of
should allow consumers and traders to submit
mediation in civil and commercial matters ( 2 ).
complaints by filling in an electronic complaint form
available in all the official languages of the institutions
of the Union and to attach relevant documents. It should
transmit complaints to an ADR entity competent to deal
(13) The
definition
of
‘consumer’
should
cover
natural
persons
with the dispute concerned. The ODR platform should
who are acting outside their trade, business, craft or
offer, free of charge, an electronic case management tool
profession. However, if the contract is concluded for
which enables ADR entities to conduct the dispute
resolution procedure with the parties through the ODR
( 1 ) See page 63 of this Official Journal.
platform. ADR entities should not be obliged to use the
( 2 ) OJ L 136, 24.5.2008, p. 3.
case management tool.

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EN
18.6.2013 Official
Journal
of
the
European
Union L
165/3
(19) The Commission should be responsible for the devel
not prevent dispute resolution entities or mechanisms
opment, operation and maintenance of the ODR
from dealing with online disputes which have been
platform and provide all technical facilities necessary
submitted directly to them.
for the functioning of the platform. The ODR platform
should offer an electronic translation function which
enables the parties and the ADR entity to have the
(25) ODR contact points hosting at least two ODR advisors
information which is exchanged through the ODR
should be designated in each Member State. The ODR
platform and is necessary for the resolution of the
contact points should support the parties involved in a
dispute translated, where appropriate. That function
dispute submitted through the ODR platform without
should be capable of dealing with all necessary trans
being obliged to translate documents relating to that
lations and should be supported by human intervention,
dispute. Member States should have the possibility to
if necessary. The Commission should also provide, on the
confer the responsibility for the ODR contact points on
ODR platform, information for complainants about the
their centres of the European Consumer Centres
possibility of requesting assistance from the ODR contact
Network. Member States should make use of that possi
points.
bility in order to allow ODR contact points to fully
benefit from the experience of the centres of the
European Consumer Centres Network in facilitating the
settlement of disputes between consumers and traders.
(20) The
ODR
platform
should
enable
the
secure
interchange
The Commission should establish a network of ODR
of data with ADR entities and respect the underlying
contact points to facilitate their cooperation and work
principles of the European Interoperability Framework
and provide, in cooperation with Member States, appro
adopted pursuant to Decision 2004/387/EC of the
priate training for ODR contact points.
European Parliament and of the Council of 21 April
2004 on interoperable delivery of pan-European
eGovernment services to public administrations, busi
(26) The right to an effective remedy and the right to a fair
nesses and citizens (IDABC) ( 1 ).
trial are fundamental rights laid down in Article 47 of
the Charter of Fundamental Rights of the European
Union. ODR is not intended to and cannot be
designed to replace court procedures, nor should it
(21) The ODR platform should be made accessible, in
deprive consumers or traders of their rights to seek
particular, through the ‘Your Europe portal’ established
redress before the courts. This Regulation should not,
in accordance with Annex II to Decision 2004/387/EC,
therefore, prevent parties from exercising their right of
which provides access to pan-European, multilingual
access to the judicial system.
online information and interactive services to businesses
and citizens in the Union. The ODR platform should be
given prominence on the ‘Your Europe portal’.
(27) The
processing
of
information
under
this
Regulation
should be subject to strict guarantees of confidentiality
and should comply with the rules on the protection of
(22) An ODR platform at Union level should build on
personal data laid down in Directive 95/46/EC of the
existing ADR entities in the Member States and respect
European Parliament and of the Council of 24 October
the legal traditions of the Member States. ADR entities to
1995 on the protection of individuals with regard to the
which a complaint has been transmitted through the
processing of personal data and on the free movement of
ODR platform should therefore apply their own
such data ( 2 ) and in Regulation (EC) No 45/2001 of the
procedural rules, including rules on cost. However, this
European Parliament and of the Council of 18 December
Regulation intends to establish some common rules
2000 on the protection of individuals with regard to the
applicable to those procedures that will safeguard their
processing of personal data by the Community insti
effectiveness. This should include rules ensuring that such
tutions and bodies and on the free movement of such
dispute resolution does not require the physical presence
data ( 3 ). Those rules should apply to the processing of
of the parties or their representatives before the ADR
personal data carried out under this Regulation by the
entity, unless its procedural rules provide for that possi
various actors of the ODR platform, whether they act
bility and the parties agree.
alone or jointly with other such actors.
(28) Data
subjects
should
be
informed
about,
and
give
their
(23) Ensuring
that
all
ADR
entities
listed
in
accordance
with
consent to, the processing of their personal data in the
Article 20(2) of Directive 2013/11/EU are registered with
ODR platform, and should be informed about their rights
the ODR platform should allow for full coverage in
with regard to that processing, by means of a compre
online out-of-court resolution for disputes arising from
hensive privacy notice to be made publicly available by
online sales or service contracts.
the Commission and explaining, in clear and simple
language, the processing operations performed under
the responsibility of the various actors of the platform,
in accordance with Articles 11 and 12 of Regulation (EC)
(24) This
Regulation
should
not
prevent
the
functioning
of
No 45/2001 and with national legislation adopted
any existing dispute resolution entity operating online
pursuant to Articles 10 and 11 of Directive 95/46/EC.
or of any ODR mechanism within the Union. It should
( 2 ) OJ L 281, 23.11.1995, p. 31.
( 1 ) OJ L 144, 30.4.2004, p. 62.
( 3 ) OJ L 8, 12.1.2001, p. 1.

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L 165/4
EN
Official Journal of the European Union
18.6.2013
(29) This Regulation should be without prejudice to
exercised in accordance with Regulation (EU)
provisions on confidentiality in national legislation
No 182/2011 of the European Parliament and of the
relating to ADR.
Council of 16 February 2011 laying down the rules
and general principles concerning mechanisms for
control by Member States of the Commission’s exercise
(30) In
order
to
ensure
broad
consumer
awareness
of
the
of implementing powers ( 2 ). The advisory procedure
existence of the ODR platform, traders established
should be used for the adoption of implementing acts
within the Union engaging in online sales or service
relating to the electronic complaint form given its purely
contracts should provide, on their websites, an electronic
technical nature. The examination procedure should be
link to the ODR platform. Traders should also provide
used for the adoption of the rules concerning the
their email address so that consumers have a first point
modalities of cooperation between the ODR advisors of
of contact. A significant proportion of online sales and
the network of ODR contact points.
service contracts are concluded using online market
places, which bring together or facilitate online trans
actions between consumers and traders. Online market
(33) In the application of this Regulation, the Commission
places are online platforms which allow traders to make
should consult, where appropriate, the European Data
their products and services available to consumers. Such
Protection Supervisor.
online marketplaces should therefore have the same
obligation to provide an electronic link to the ODR
platform. This obligation should be without prejudice
to Article 13 of Directive 2013/11/EU concerning the
(34) Since
the
objective
of
this
Regulation,
namely
to
set
up
a
requirement that traders inform consumers about the
European ODR platform for online disputes governed by
ADR procedures by which those traders are covered
common rules, cannot be sufficiently achieved by the
and about whether or not they commit to use ADR
Member States and can therefore, by reason of its scale
procedures to resolve disputes with consumers.
and effects, be better achieved at Union level, the Union
Furthermore, that obligation should be without
may adopt measures in accordance with the principle of
prejudice to point (t) of Article 6(1) and to Article 8
subsidiarity as set out in Article 5 of the Treaty on
of Directive 2011/83/EU of the European Parliament
European Union. In accordance with the principle of
and of the Council of 25 October 2011 on consumer
proportionality, as set out in that Article, this Regulation
rights (
does not go beyond what is necessary in order to achieve

1 ). Point (t) of Article 6(1) of Directive
2011/83/EU stipulates for consumer contracts
that objective.
concluded at a distance or off premises, that the trader
is to inform the consumer about the possibility of having
recourse to an out-of-court complaint and redress
(35) This
Regulation
respects
fundamental
rights
and
observes
mechanism to which the trader is subject, and the
the principles recognised in particular by the Charter of
methods for having access to it, before the consumer is
Fundamental Rights of the European Union and
bound by the contract. For the same consumer awareness
specifically Articles 7, 8, 38 and 47 thereof.
reasons, Member States should encourage consumer
associations and business associations to provide an elec
tronic link to the website of the ODR platform.
(36) The
European
Data
Protection
Supervisor
was
consulted
in accordance with Article 28(2) of Regulation (EC)
No 45/2001 and delivered an opinion on 12 January
(31) In
order
to
take
into
account
the
criteria
by
which
the
2012 ( 3 ),
ADR entities define their respective scopes of application
the power to adopt acts in accordance with Article 290
TFEU should be delegated to the Commission to adapt
the information which a complainant is to provide in the
HAVE ADOPTED THIS REGULATION:
electronic complaint form made available on the ODR
platform. It is of particular importance that the
Commission carry out appropriate consultations during
CHAPTER I
its preparatory work, including at expert level. The
Commission, when preparing and drawing up delegated
GENERAL PROVISIONS
acts, should ensure a simultaneous, timely and appro
Article 1
priate transmission of relevant documents to the
European Parliament and to the Council.
Subject matter
The purpose of this Regulation is, through the achievement of a
high level of consumer protection, to contribute to the proper
(32) In
order
to
ensure
uniform
conditions
for
the
implemen
functioning of the internal market, and in particular of its digital
tation of this Regulation implementing powers should be
dimension by providing a European ODR platform (‘ODR plat
conferred on the Commission in respect of the func
form’) facilitating the independent, impartial, transparent,
tioning of the ODR platform, the modalities for the
effective, fast and fair out-of-court resolution of disputes
submission of a complaint and cooperation within the
between consumers and traders online.
network of ODR contact points. Those powers should be
( 2 ) OJ L 55, 28.2.2011, p. 13.
( 1 ) OJ L 304, 22.11.2011, p. 64.
( 3 ) OJ C 136, 11.5.2012, p. 1.

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EN
18.6.2013 Official
Journal
of
the
European
Union L
165/5
Article 2
(e) ‘online sales or service contract’ means a sales or service
contract where the trader, or the trader’s intermediary, has
Scope
offered goods or services on a website or by other elec
1. This
Regulation
shall
apply
to
the
out-of-court
resolution
tronic means and the consumer has ordered such goods or
of disputes concerning contractual obligations stemming from
services on that website or by other electronic means;
online sales or service contracts between a consumer resident in
the Union and a trader established in the Union through the
intervention of an ADR entity listed in accordance with
(f) ‘online
marketplace’
means
a
service
provider,
as
defined
in
Article 20(2) of Directive 2013/11/EU and which involves the
point (b) of Article 2 of Directive 2000/31/EC of the
use of the ODR platform.
European Parliament and of the Council of 8 June 2000
on certain legal aspects of information society services, in
particular electronic commerce, in the Internal Market (‘Di
2. This
Regulation
shall
apply
to
the
out-of-court
resolution
rective on electronic commerce’)
( 1 ), which allows
of disputes referred to in paragraph 1, which are initiated by a
consumers and traders to conclude online sales and
trader against a consumer, in so far as the legislation of the
service contracts on the online marketplace’s website;
Member State where the consumer is habitually resident allows
for such disputes to be resolved through the intervention of an
ADR entity.
(g) ‘electronic means’ means electronic equipment for the
processing (including digital compression) and storage of
3. Member
States
shall
inform
the
Commission
about
data which is entirely transmitted, conveyed and received
whether or not their legislation allows for disputes referred to
by wire, by radio, by optical means or by other electrom
in paragraph 1, which are initiated by a trader against a
agnetic means;
consumer, to be resolved through the intervention of an ADR
entity. Competent authorities shall, when they notify the list
referred to in Article 20(2) of Directive 2013/11/EU, inform
(h) ‘alternative dispute resolution procedure’ (‘ADR procedure’)
the Commission about which ADR entities deal with such
means a procedure for the out-of-court resolution of
disputes.
disputes as referred to in Article 2 of this Regulation;
4. The
application
of
this
Regulation
to
disputes
referred
to
in paragraph 1, which are initiated by a trader against a
(i) ‘alternative dispute resolution entity’ (‘ADR entity’) means
consumer, shall not impose any obligation on Member States
an ADR entity as defined in point (h) of Article 4(1) of
to ensure that ADR entities offer procedures for the out-of-
Directive 2013/11/EU;
court resolution of such disputes.
(j) ‘complainant
party’
means
the
consumer
who
or
the
trader
Article 3
that has submitted a complaint through the ODR platform;
Relationship with other Union legal acts
This Regulation shall be without prejudice to Directive
(k) ‘respondent party’ means the consumer against whom or
2008/52/EC.
the trader against whom a complaint has been submitted
through the ODR platform;
Article 4
Definitions
(l) ‘competent
authority’
means
a
public
authority
as
defined
1. For
the
purposes
of
this
Regulation:
in point (i) of Article 4(1) of Directive 2013/11/EU;
(a) ‘consumer’ means a consumer as defined in point (a) of
(m) ‘personal data’ means any information relating to an
Article 4(1) of Directive 2013/11/EU;
identified or identifiable natural person (‘data subject’); an
identifiable person is one who can be identified, directly or
indirectly, in particular by reference to an identification
(b) ‘trader’ means a trader as defined in point (b) of Article 4(1)
number or to one or more factors specific to that
of Directive 2013/11/EU;
person’s physical, physiological, mental, economic,
cultural or social identity.
(c) ‘sales contract’ means a sales contract as defined in point (c)
of Article 4(1) of Directive 2013/11/EU;
2. The place of establishment of the trader and of the ADR
entity shall be determined in accordance with Article 4(2) and
(3) of Directive 2013/11/EU, respectively.
(d) ‘service contract’ means a service contract as defined in
point (d) of Article 4(1) of Directive 2013/11/EU;
( 1 ) OJ L 178, 17.7.2000, p. 1.

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L 165/6
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Official Journal of the European Union
18.6.2013
CHAPTER II
(h) to make publicly available the following:
ODR PLATFORM
Article 5
(i) general information on ADR as a means of out-of-court
dispute resolution;
Establishment of the ODR platform
1. The
Commission
shall
develop
the
ODR
platform
(and
be
(ii) information on ADR entities listed in accordance with
responsible for its operation, including all the translation
Article 20(2) of Directive 2013/11/EU which are
functions necessary for the purpose of this Regulation, its main
competent to deal with disputes covered by this Regu
tenance, funding and data security. The ODR platform shall be
lation;
user-friendly. The development, operation and maintenance of
the ODR platform shall ensure that the privacy of its users is
respected from the design stage (‘privacy by design’) and that
(iii) an online guide about how to submit complaints
the ODR platform is accessible and usable by all, including
through the ODR platform;
vulnerable users (‘design for all’), as far as possible.
(iv) information, including contact details, on ODR contact
2. The
ODR
platform
shall
be
a
single
point
of
entry
for
points designated by the Member States in accordance
consumers and traders seeking the out-of-court resolution of
with Article 7(1) of this Regulation;
disputes covered by this Regulation. It shall be an interactive
website which can be accessed electronically and free of charge
in all the official languages of the institutions of the Union.
(v) statistical data on the outcome of the disputes which
were transmitted to ADR entities through the ODR
platform.
3. The
Commission
shall
make
the
ODR
platform
accessible,
as appropriate, through its websites which provide information
to citizens and businesses in the Union and, in particular,
5. The
Commission
shall
ensure
that
the
information
through the ‘Your Europe portal’ established in accordance
referred to in point (h) of paragraph 4 is accurate, up to date
with Decision 2004/387/EC.
and provided in a clear, understandable and easily accessible
way.
4. The
ODR
platform
shall
have
the
following
functions:
6. ADR
entities
listed
in
accordance
with
Article
20(2)
of
Directive 2013/11/EU which are competent to deal with
(a) to provide an electronic complaint form which can be filled
disputes covered by this Regulation shall be registered elec
in by the complainant party in accordance with Article 8;
tronically with the ODR platform.
(b) to inform the respondent party about the complaint;
7. The
Commission
shall
adopt
measures
concerning
the
modalities for the exercise of the functions provided for in
paragraph 4 of this Article through implementing acts. Those
implementing acts shall be adopted in accordance with the
(c) to identify the competent ADR entity or entities and
examination procedure referred to in Article 16(3) of this Regu
transmit the complaint to the ADR entity, which the
lation.
parties have agreed to use, in accordance with Article 9;
Article 6
(d) to offer an electronic case management tool free of charge,
which enables the parties and the ADR entity to conduct
Testing of the ODR platform
the dispute resolution procedure online through the ODR
1. The
Commission
shall,
by
9
January
2015
test
the
platform;
technical functionality and user-friendliness of the ODR
platform and of the complaint form, including with regard to
translation. The testing shall be carried out and evaluated in
(e) to provide the parties and ADR entity with the translation
cooperation with experts in ODR from the Member States
of information which is necessary for the resolution of the
and consumer and trader representatives. The Commission
dispute and is exchanged through the ODR platform;
shall submit a report to the European Parliament and the
Council of the result of the testing and take the appropriate
measures to address potential problems in order to ensure the
(f) to provide an electronic form by means of which ADR
effective functioning of the ODR platform.
entities shall transmit the information referred to in point
(c) of Article 10;
2. In
the
report
referred
to
in
paragraph
1
of
this
Article,
the
Commission shall also describe the technical and organisational
(g) to provide a feedback system which allows the parties to
measures it intends to take to ensure that the ODR platform
express their views on the functioning of the ODR platform
meets the privacy requirements set out in Regulation (EC)
and on the ADR entity which has handled their dispute;
No 45/2001.

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EN
18.6.2013 Official
Journal
of
the
European
Union L
165/7
Article 7
5. The
Commission
shall
establish
a
network
of
contact
points (‘ODR contact points network’) which shall enable
Network of ODR contact points
cooperation between contact points and contribute to the
1. Each
Member
State
shall
designate
one
ODR
contact
point performance of the functions listed in paragraph 2.
and communicate its name and contact details to the
Commission. The Member States may confer responsibility for
the ODR contact points on their centres of the European
6. The
Commission
shall
at
least
twice
a
year
convene
a
Consumer Centres Network, on consumer associations or on
meeting of members of the ODR contact points network in
any other body. Each ODR contact point shall host at least
order to permit an exchange of best practice, and a discussion
two ODR advisors.
of any recurring problems encountered in the operation of the
ODR platform.
2. The
ODR
contact
points
shall
provide
support
to
the
resolution of disputes relating to complaints submitted
7. The
Commission
shall
adopt
the
rules
concerning
the
through the ODR platform by fulfilling the following functions:
modalities of the cooperation between the ODR contact
points through implementing acts. Those implementing acts
shall be adopted in accordance with the examination
procedure referred to in Article 16(3).
(a) if requested, facilitating communication between the parties
and the competent ADR entity, which may include, in
particular:
Article 8
Submission of a complaint
(i) assisting with the submission of the complaint and,
where appropriate, relevant documentation;
1. In order to submit a complaint to the ODR platform the
complainant party shall fill in the electronic complaint form.
The complaint form shall be user-friendly and easily accessible
on the ODR platform.
(ii) providing the parties and ADR entities with general
information on consumer rights in relation to sales
and service contracts which apply in the Member
2. The
information
to
be
submitted
by
the
complainant
State of the ODR contact point which hosts the ODR
party shall be sufficient to determine the competent ADR
advisor concerned;
entity. That information is listed in the Annex to this Regu
lation. The complainant party may attach documents in support
of the complaint.
(iii) providing information on the functioning of the ODR
platform;
3. In
order
to
take
into
account
the
criteria
by
which
the
ADR entities, that are listed in accordance with Article 20(2) of
(iv) providing the parties with explanations on the
Directive 2013/11/EU and that deal with disputes covered by
procedural rules applied by the ADR entities identified;
this Regulation, define their respective scopes of application, the
Commission shall be empowered to adopt delegated acts in
accordance with Article 17 of this Regulation to adapt the
information listed in the Annex to this Regulation.
(v) informing the complainant party of other means of
redress when a dispute cannot be resolved through
the ODR platform;
4. The
Commission
shall
lay
down
the
rules
concerning
the
modalities for the electronic complaint form by means of
implementing acts. Those implementing acts shall be adopted
(b) submitting, based on the practical experience gained from
in accordance with the advisory procedure referred to in
the performance of their functions, every two years an
Article 16(2).
activity report to the Commission and to the Member
States.
5. Only
data
which
are
accurate,
relevant
and
not
excessive
in relation to the purposes for which they are collected shall be
3. The
ODR
contact
point
shall
not
be
obliged
to
perform processed through the electronic complaint form and its attach
the functions listed in paragraph 2 in the case of disputes where
ments.
the parties are habitually resident in the same Member State.
Article 9
4. Notwithstanding
paragraph
3,
the
Member
States
may
Processing and transmission of a complaint
decide, taking into account national circumstances, that the
ODR contact point performs one or more functions listed in
1. A
complaint
submitted
to
the
ODR
platform
shall
be
paragraph 2 in the case of disputes where the parties are
processed if all the necessary sections of the electronic
habitually resident in the same Member State.
complaint form have been completed.

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L 165/8
EN
Official Journal of the European Union
18.6.2013
2. If
the
complaint
form
has
not
been
fully
completed,
the
trader in accordance with point (c) of paragraph 3 and an
complainant party shall be informed that the complaint cannot
invitation to agree within 10 calendar days on an ADR
be processed further, unless the missing information is
entity;
provided.
(c) in the event that the complainant party is a trader and the
3. Upon
receipt
of
a
fully
completed
complaint
form,
the
trader is not obliged to use a specific ADR entity, the
ODR platform shall, in an easily understandable way and
information about the ADR entity or entities stated by the
without delay, transmit to the respondent party, in one of the
consumer in accordance with point (d) of paragraph 3 and
official languages of the institutions of the Union chosen by
an invitation to agree within 10 calendar days on an ADR
that party, the complaint together with the following data:
entity;
(a) information that the parties have to agree on an ADR entity
(d) the name and contact details of the ODR contact point in
in order for the complaint to be transmitted to it, and that,
the Member State where the complainant party is estab
if no agreement is reached by the parties or no competent
lished or resident, as well as a brief description of the
ADR entity is identified, the complaint will not be processed
functions referred to in point (a) of Article 7(2).
further;
5. The
information
referred
to
in
point
(b)
of
paragraph
3
(b) information about the ADR entity or entities which are
and in points (b) and (c) of paragraph 4 shall include a
competent to deal with the complaint, if any are referred
description of the following characteristics of each ADR entity:
to in the electronic complaint form or are identified by the
ODR platform on the basis of the information provided in
that form;
(a) the name, contact details and website address of the ADR
entity;
(c) in the event that the respondent party is a trader, an invi
tation to state within 10 calendar days:
(b) the fees for the ADR procedure, if applicable;
— whether the trader commits to, or is obliged to use, a
(c) the language or languages in which the ADR procedure can
specific ADR entity to resolve disputes with consumers,
be conducted;
and
— unless the trader is obliged to use a specific ADR entity,
(d) the average length of the ADR procedure;
whether the trader is willing to use any ADR entity or
entities from those referred to in point (b);
(e) the binding or non-binding nature of the outcome of the
ADR procedure;
(d) in the event that the respondent party is a consumer and
the trader is obliged to use a specific ADR entity, an invi
tation to agree within 10 calendar days on that ADR entity
(f) the grounds on which the ADR entity may refuse to deal
or, in the event that the trader is not obliged to use a
with a given dispute in accordance with Article 5(4) of
specific ADR entity, an invitation to select one or more
Directive 2013/11/EU.
ADR entities from those referred to in point (b);
6. The
ODR
platform
shall
automatically
and
without
delay
(e) the name and contact details of the ODR contact point in
transmit the complaint to the ADR entity that the parties have
the Member State where the respondent party is established
agreed to use in accordance with paragraphs 3 and 4.
or resident, as well as a brief description of the functions
referred to in point (a) of Article 7(2).
7. The
ADR
entity
to
which
the
complaint
has
been
trans
mitted shall without delay inform the parties about whether it
4. Upon receipt from the respondent party of the agrees or refuses to deal with the dispute in accordance with
information referred to in point (c) or point (d) of paragraph
Article 5(4) of Directive 2013/11/EU. The ADR entity which
3, the ODR platform shall in an easily understandable way and
has agreed to deal with the dispute shall also inform the parties
without delay communicate to the complainant party, in one of
of its procedural rules and, if applicable, of the costs of the
the official languages of the institutions of the Union chosen by
dispute resolution procedure concerned.
that party, the following information:
8. Where
the
parties
fail
to
agree
within
30
calendar
days
(a) the information referred to in point (a) of paragraph 3;
after submission of the complaint form on an ADR entity, or
the ADR entity refuses to deal with the dispute, the complaint
shall not be processed further. The complainant party shall be
(b) in the event that the complainant party is a consumer, the
informed of the possibility of contacting an ODR advisor for
information about the ADR entity or entities stated by the
general information on other means of redress.

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EN
18.6.2013 Official
Journal
of
the
European
Union L
165/9
Article 10
3. Personal
data
related
to
a
dispute
shall
be
kept
in
the
database referred to in paragraph 1 of this Article only for
Resolution of the dispute
the time necessary to achieve the purposes for which they
An ADR entity which has agreed to deal with a dispute in
were collected and to ensure that data subjects are able to
accordance with Article 9 of this Regulation shall:
access their personal data in order to exercise their rights, and
shall be automatically deleted, at the latest, six months after the
date of conclusion of the dispute which has been transmitted to
(a) conclude the ADR procedure within the deadline referred to
the ODR platform in accordance with point (iii) of point (c) of
in point (e) of Article 8 of Directive 2013/11/EU;
Article 10. That retention period shall also apply to personal
data kept in national files by the ADR entity or the ODR
contact point which dealt with the dispute concerned, except
(b) not require the physical presence of the parties or their
if the procedural rules applied by the ADR entity or any specific
representatives, unless its procedural rules provide for that
provisions of national law provide for a longer retention period.
possibility and the parties agree;
4. Each ODR advisor shall be regarded as a controller with
(c) without delay transmit the following information to the
respect to its data processing activities under this Regulation, in
ODR platform:
accordance with point (d) of Article 2 of Directive 95/46/EC,
and shall ensure that those activities comply with national legis
lation adopted pursuant to Directive 95/46/EC in the Member
(i) the date of receipt of the complaint file;
State of the ODR contact point hosting the ODR advisor.
(ii) the subject-matter of the dispute;
5. Each ADR entity shall be regarded as a controller with
respect to its data processing activities under this Regulation, in
accordance with point (d) of Article 2 of Directive 95/46/EC,
(iii) the date of conclusion of the ADR procedure;
and shall ensure that those activities comply with national legis
lation adopted pursuant to Directive 95/46/EC in the Member
State where the ADR entity is established.
(iv) the result of the ADR procedure;
(d) not be required to conduct the ADR procedure through the
6. In relation to its responsibilities under this Regulation and
ODR platform.
the processing of personal data involved therein, the
Commission shall be regarded as a controller in accordance
with point (d) of Article 2 of Regulation (EC) No 45/2001.
Article 11
Database
Article 13
The Commission shall take the necessary measures to establish
and maintain an electronic database in which it shall store the
Data confidentiality and security
information processed in accordance with Article 5(4) and point
1. ODR
contact
points
shall
be
subject
to
rules
of
profes
(c) of Article 10 taking due account of Article 13(2).
sional secrecy or other equivalent duties of confidentiality laid
down in the legislation of the Member State concerned.
Article 12
Processing of personal data
2. The
Commission
shall
take
the
appropriate
technical
and
organisational measures to ensure the security of information
1. Access
to
information,
including
personal
data,
related
to processed under this Regulation, including appropriate data
a dispute and stored in the database referred to in Article 11
access control, a security plan and a security incident
shall be granted, for the purposes referred to in Article 10, only
management, in accordance with Article 22 of Regulation
to the ADR entity to which the dispute was transmitted in
(EC) No 45/2001.
accordance with Article 9. Access to the same information
shall be granted also to ODR contact points, in so far as it is
necessary, for the purposes referred to in Article 7(2) and (4).
Article 14
Consumer information
2. The
Commission shall
have
access
to
information
processed in accordance with Article 10 for the purposes of
1. Traders
established
within
the
Union
engaging
in
online
monitoring the use and functioning of the ODR platform and
sales or service contracts, and online marketplaces established
drawing up the reports referred to in Article 21. It shall process
within the Union, shall provide on their websites an electronic
personal data of the users of the ODR platform in so far as it is
link to the ODR platform. That link shall be easily accessible for
necessary for the operation and maintenance of the ODR
consumers. Traders established within the Union engaging in
platform, including for the purposes of monitoring the use of
online sales or service contracts shall also state their e-mail
the ODR platform by ADR entities and ODR contact points.
addresses.

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L 165/10
EN
Official Journal of the European Union
18.6.2013
2. Traders
established
within
the
Union
engaging
in
online
2. Where
reference
is
made
to
this
paragraph,
Article
4
of
sales or service contracts, which are committed or obliged to
Regulation (EU) No 182/2011 shall apply.
use one or more ADR entities to resolve disputes with
consumers, shall inform consumers about the existence of the
ODR platform and the possibility of using the ODR platform
for resolving their disputes. They shall provide an electronic link
3. Where
reference
is
made
to
this
paragraph,
Article
5
of
to the ODR platform on their websites and, if the offer is made
Regulation (EU) No 182/2011 shall apply.
by e-mail, in that e-mail. The information shall also be
provided, where applicable, in the general terms and conditions
applicable to online sales and service contracts.
4. Where the opinion of the committee under paragraphs 2
and 3 is to be obtained by written procedure, that procedure
shall be terminated without result when, within the time-limit
3. Paragraphs 1 and 2 of this Article shall be without
for delivery of the opinion, the chair of the committee so
prejudice to Article 13 of Directive 2013/11/EU and the
decides or a simple majority of committee members so request.
provisions on consumer information on out-of-court redress
procedures contained in other Union legal acts, which shall
apply in addition to this Article.
Article 17
Exercise of the delegation
4. The
list
of
ADR
entities
referred
to
in
Article
20(4)
of
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
Directive 2013/11/EU and its updates shall be published in
Commission subject to the conditions laid down in this Article.
the ODR platform.
2. The power to adopt delegated acts referred to in
5. Member States shall ensure that ADR entities, the centres
Article 8(3) shall be conferred for an indeterminate period of
of the European Consumer Centres Network, the competent
time from 8 July 2013.
authorities defined in Article 18(1) of Directive 2013/11/EU,
and, where appropriate, the bodies designated in accordance
with Article 14(2) of Directive 2013/11/EU provide an elec
tronic link to the ODR platform.
3. The
delegation
of
power
referred
to
in
Article
8(3)
may
be
revoked at any time by the European Parliament or by the
Council. A decision to revoke shall put an end to the delegation
of the power specified in that decision. It shall take effect the
6. Member
States
shall
encourage
consumer
associations
and day following the publication of the decision in the Official
business associations to provide an electronic link to the ODR
Journal of the European Union or at a later date specified
platform.
therein. It shall not affect the validity of any delegated acts
already in force.
7. When
traders
are
obliged
to
provide
information
in
accordance with paragraphs 1 and 2 and with the provisions
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
referred to in paragraph 3, they shall, where possible, provide
notify it simultaneously to the European Parliament and to the
that information together.
Council.
Article 15
5. A
delegated
act
adopted
pursuant
to
Article
8(3)
shall
enter into force only if no objection has been expressed
Role of the competent authorities
either by the European Parliament or the Council within a
period of two months of notification of that act to the
The competent authority of each Member State shall assess
European Parliament and the Council or if, before the expiry
whether the ADR entities established in that Member State
of that period, the European Parliament and the Council have
comply with the obligations set out in this Regulation.
both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the
European Parliament or of the Council.
CHAPTER III
FINAL PROVISIONS
Article 18
Article 16
Penalties
Committee procedure
Member States shall lay down the rules on penalties applicable
1. The
Commission
shall
be
assisted
by
a
committee.
That to infringements of this Regulation and shall take all measures
committee shall be a committee within the meaning of Regu
necessary to ensure that they are implemented. The penalties
lation (EU) No 182/2011.
provided for must be effective, proportionate and dissuasive.

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EN
18.6.2013 Official
Journal
of
the
European
Union L
165/11
Article 19
Article 21
Amendment to Regulation (EC) No 2006/2004
Reports
In the Annex to Regulation (EC) No 2006/2004 of the
1. The
Commission
shall
report
to
the
European
Parliament
European Parliament and of the Council ( 1 ) the following
and the Council on the functioning of the ODR platform on a
point is added:
yearly basis and for the first time one year after the ODR
platform has become operational.
‘21. Regulation (EU) No 524/2013 of the European
Parliament and of the Council of 21 May 2013 on
2. By
9
July
2018
and
every
three
years
thereafter
the
online dispute resolution for consumer disputes (Regu
Commission shall submit to the European Parliament and the
lation on consumer ODR) (OJ L 165, 18.6.2013, p. 1):
Council a report on the application of this Regulation, including
Article 14.’
in particular on the user-friendliness of the complaint form and
the possible need for adaptation of the information listed in the
Annex to this Regulation. That report shall be accompanied, if
necessary, by proposals for adaptations to this Regulation.
Article 20
Amendment to Directive 2009/22/EC
3. Where the reports referred to in paragraphs 1 and 2 are
Directive 2009/22/EC of the European Parliament and of the
to be submitted in the same year, only one joint report shall be
Council ( 2 ) is amended as follows:
submitted.
Article 22
(1) in Article 1(1) and (2) and point (b) of Article 6(2), the
words ‘Directives listed in Annex I’ are replaced with the
Entry into force
words ‘Union acts listed in Annex I’;
1.
This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Union.
(2) in the heading of Annex I, the words ‘LIST OF DIRECTIVES’
are replaced by the words ‘LIST OF UNION ACTS’;
2. This
Regulation
shall
apply
from
9
January
2016,
except
for the following provisions:
(3) in Annex I, the following point is added:
— Article 2(3) and Article 7(1) and (5), which shall apply from
9 July 2015,
‘15. Regulation (EU) No 524/2013 of the European
Parliament and of the Council of 21 May 2013 on
online dispute resolution for consumer disputes (Regu
— Article 5(1) and (7), Article 6, Article 7(7), Article 8(3) and
lation on consumer ODR) (OJ L 165, 18.6.2013, p. 1):
(4) and Articles 11, 16 and 17, which shall apply from
Article 14.’
8 July 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 21 May 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON
( 1 ) OJ L 364, 9.12.2004, p. 1.
( 2 ) OJ L 110, 1.5.2009, p. 30.

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L 165/12
EN
Official Journal of the European Union
18.6.2013
ANNEX
Information to be provided when submitting a complaint
(1) Whether the complainant party is a consumer or a trader;
(2) The name and e-mail and geographical address of the consumer;
(3) The name and e-mail, website and geographical address of the trader;
(4) The name and email and geographical address of the complainant party’s representative, if applicable;
(5) The language(s) of the complainant party or representative, if applicable;
(6) The language of the respondent party, if known;
(7) The type of good or service to which the complaint relates;
(8) Whether the good or service was offered by the trader and ordered by the consumer on a website or by other
electronic means;
(9) The price of the good or service purchased;
(10) The date on which the consumer purchased the good or service;
(11) Whether the consumer has made direct contact with the trader;
(12) Whether the dispute is being or has previously been considered by an ADR entity or by a court;
(13) The type of complaint;
(14) The description of the complaint;
(15) If the complainant party is a consumer, the ADR entities the trader is obliged to or has committed to use in
accordance with Article 13(1) of Directive 2013/11/EU, if known;
(16) If the complainant party is a trader, which ADR entity or entities the trader commits to or is obliged to use.

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Document Outline

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