ODS Rules

Art. 1 Definitions

For the purposes of these Rules, the following definitions apply:

"ADR point" is the international independent out-of-court dispute settlement (ADR) body based in Greece that administers the Out-of-Court Dispute Service (ODS) procedure under these Rules.

ADR point's "Case Management System" or "CMS" is a multilingual electronic communication technology developed by ADR point to easily file a complaint and manage the ODS process online in the languages of 18 member states of the European Union (through automated google translation). The CMS is available at: https://ods.adrpoint.com/app

"Assessor" means the expert appointed by ADR point, who has the required skills (and language efficiency) for managing the ODS procedure and is available to handle the complaint and issue a non-binding decision, according to the Rules.

"Complaint" or "Case" is the initial claim made by a User through ADR point’s CMS against an online platform, which falls within the areas listed under Art. 3, Section 3 of Regulation (EU) 2022/2065.

"Digital Service Act," "Digital Services Regulation," or "DSA" means Regulation (EU) 2022/2065 on the single market for digital services amending Directive 2000/31/EC (Digital Services Act) of the European Union.

"Out-of-court Dispute Service Mechanism," "Out-of-court Dispute Resolution," or "ODS" means the online dispute resolution procedure administered by ADR point and its Assessors acting in a neutral, impartial, and competent manner with the aim of issuing a decision that is not binding on the Parties.

"Online Platform," "Online search engine," "Provider," or "Platform" means a provider of an online platform or a large online platform that as a hosting service, at the request of a User, stores and disseminates information to the public.

"Service Recipient," "Recipient," or "User" means any natural or legal person using an intermediary service provided by a Provider of an online platform.

"Trusted Flaggers" or "Flagger" means any entity, designated by the respective national digital services coordinators, responsible for detecting potentially illegal content and alerting online platforms.

"Party" or "Parties" means a User or Flagger or Provider, who jointly participate in an ODS procedure.

"Documents" means all files, computer records, and any other evidence that has been submitted by the Parties to the dispute.

"Rules" or "ODS Rules" means these Rules for Out-of-Court Dispute Service adopted by ADR point and which may be subject to further amendment.

"Terms and Conditions" means all clauses, regardless of their name or form, that govern the contractual relationship between Platforms and Users.

Art. 2 - Application of the ODS Rules

  1. These Rules ("the ODS Rules") are administered by ADR point ("ADR point") and its Assessors.
  2. These Rules define how ADR point shall handle out-of-court dispute resolution between users and online platforms, in accordance with Article 21 of Regulation (EU) 2022/2065 on the Single Market for Digital Services, which also amends Directive 2000/31/EC (Digital Services Act) of the European Union.
  3. The Rules apply to domestic and cross-border disputes between service recipients and online platforms providers in the following areas:
         a. Illegal content or incompatibility with the provider’s terms and conditions;
         b. Removing or disabling access to information;
         c. Suspension or termination of user accounts or service provision;
         d. Suspension, termination, or limitation of the ability to monetize  
             information; and
         e. Any other actions taken by the online platform providers that affect users'
             content or accounts.
  4. ADR point may from time to time amend any term of these Rules and such amendments shall be effective and applicable to all claims filed after the date of posting of the relevant amendment on ADR point's website https://ods.adrpoint.com/en

Art. 3 Initiation of the procedure

  1. Any user or trusted flagger may initiate an ODS proceedure against a provider in accordance with these Rules, by filing a complaint with ADR point through its complaint form at https://ods.adrpoint.com/en/start-case.
  2. To use the CMS (case management system), the user is not required to register or create an account in the ADR point CMS, but to simply enter the system using the credentials sent to him/her after the complaint submission.
  3. To file a complaint, the user must have firstly attempted to resolve the problem directly, through the internal complaint handling system of the provider.
  4. The complaint must contain at least:
         a. The full contact details of the user or trusted flagger, including, e-mail address, telephone number, and mailing address; (a copy of a valid ID or passport is required)
         b. The provider against whom the complaint is made;
         c. Description of the complaint and the measures already taken in the attempt to
             resolve it;
         d. The desired outcome of the claim that the user or trusted flagger wishes to
             obtain (e.g., refund, replacement, removal/restoration of content);
         e. Digital copies of all documents relevant to the dispute, such as photos,
             screenshots, invoices, receipts, video or audio files;
         f.  Preference of language to use during the procedure;
          

Art. 4 Appointment of the Assessor

ADR point will appoint an Assessor from its pool of experts who has the skills and language knowledge most appropriate to handle the complaint and who is available to manage the case and issue a non-binding decision in a timely manner under these Rules.

Art. 5 Conflict of Interest, communication and replacement of an Assessor

  1. Before formally accepting the assignment, the Assessor must sign a statement attesting to his or her impartiality, neutrality, and independence, as well as to the detailed knowledge of the terms and conditions of the provider, against who the complained is filed.
  2. Each Assessor is required to disclose to ADR point and the parties involved, the presence of any financial, professional, or personal interests relating to the outcome of the procedure, or the existence of facts or circumstances that may generate a presumption of bias or affiliation with one of the parties. Upon receipt of such information, and after consultation with the parties, ADR point may replace the Assessor with another expert selected from its panel.
  3. All Assessors agree not to offer their services or assistance, paid or unpaid, to providers, users or trusted flaggers involved in cases assigned to them, for the duration of the ODS procedure and for a period of 6 months thereafter. Failure to comply with these provisions will result in their removal from ADR point’s Assessors’ list.
  4. A conflict of interest is considered to exist in cases where the Assessor, a. provided advice, in any form and regardless of remuneration (paid or pro  bono), to one of the parties involved in the assigned complaint; or b. has personal, financial, or professional interests with one of the parties to the assigned complaint. In such circumstances, the Assessor is required to withdraw from the procedureAll complaints made by users affiliated with ADR point (e.g., directors, employees, assessors, etc.) are considered inadmissible. ADR point's directors, shareholders, employees, and Assessors should not have any relationship with providers and in particular any personal, financial, or professional interest that might compromise the ability to act impartially and independently. This may include, but is not limited to, family  relationships, personal or professional partnerships, significant financial  investments, or any other ties or commitments that might call into question the Assessor’s independence and objectivity.
  5. Assessors are paid for their work by ADR point and not directly from the provider, which pays the dispute resolution fees directly to ADR point. Neither of the above fees are related, in any way, with the outcome of the dispute.  

Art. 6 Phases and timing of the procedure

  1. Eligibility and appointment of the Assessor (up to 10 days): within 5 days following submission of the complaint, the system administrator in ADR point decides whether the case is admissible or not, based on the Digital Services Act and the ADR point ODS Rules. Then, within 5 days from the date the complaint was confirmed as admissible, ADR point appoints an Assessor with the appropriate skills and language knowledge. If the complaint is admissible, the system informs the provider for the new incoming case. Complaints found to be inadmissible are archived, and the user is notified promptly by email and through the CMS. Filing does not prevent the user from pursuing appropriate legal remedies according to applicable laws.
  2. Provider’s response (up to 20 days): from the date the provider is informed by email and through the CMS for a new incoming case, the provider must respond within 20 days, stating if it will participate in the dispute resolution process or refuse to examine the complaint based on Art.21 par. 2 of the EU Regulation 2022/2065. In case of complaints related to the removal of content deemed illegal, the provider is required to provide copies of the removed content. If the provider, despite being invited to participate in the procedure, refuses or fails to respond within the stipulated 20 days or within reasonable time, the assessor may make a non-binding decision based solely on the documents submitted by the user.
  3. Deliberations & exchange of documents (up to 20 days): if the provider participates in the process, parties may deliberate and exchange documents and settlement proposals for 20 days, reaching a total of 40 days from the date the provider received a notification for the new case. Depending on the complexity of the case, the duration of the process can be extended by up to another 40 days.
  4. Settlement proposals: if the parties, by exchanging and accepting proposals through CMS, reach a consensual agreement, the Assessor closes the procedure by declaring the complaint resolved and issuing the relevant decision.
  5. Issuance of a decision (up to 10 days): If no consensual agreement is reached, at the end of the deliberations and exchange of documents period, the Assessor has 10 days to issue and file a non-binding decision through CMS based on the above deliberations – documents exchanged by the parties or solely on the documents provided by the user, in the event the provider did not respond of provided any documentation.

Art. 7 Duration of the procedure

  1. The ODS procedure will be handled mainly through ADR point's CMS system and will be concluded within 90 days from the date of receipt of the complaint. For particularly complex disputes, the Assessor may extend this period up to a maximum of 90 days, to a total of 180 days.  as provided in Art. 21, if the Assessor deems that necessary, taking into consideration the particularities of the case. 
  2. All communications will take place online.

Art. 8 Representation

  1. Parties are allowed to be assisted by lawyers, experts, and consultants appointed and paid by them for the preparation of written statements in the process.
  2. Legal entities are required to have, at the beginning of the ODS procedure, appropriate documentation proving the power of representation of the person authorized to sign the written statements.

Art. 9 Confidentiality and protection of personal data

  1. All information, records, reports, or other documents received by the Assessor during his or her term of office will be treated with strict confidentiality. The Assessor shall not disclose such documents or testify or give evidence relating to the ODS procedure in any judicial or other procedure. The parties shall maintain confidentiality of the procedure and shall not use or introduce as evidence in arbitration, judicial or other proceedings:
         a. any opinions expressed or proposals/offers proposed by the other party;
         b. any admissions made by the other party during the ODS procedure;
         c. any evidence or source of evidence (other than the pre-existed ones), which
             came up during the ODS procedure.
            
  2. The collection, processing, and storage of all data transmitted through CMS will take place in full compliance with applicable data protection regulations and in accordance with ADR point’s Data Protection Policy, available at https://ods.adrpoint.com/en       
  3. By submitting documents or written evidence through the CMS, the party confirms that it has obtained such documents lawfully and with the consent of the persons concerned, whose personal data may be contained in the documents, and agrees to the exchange of such data between the parties to the dispute through email or through the CMS.
  4. By agreeing to participate in the ODS process, the parties agree that an anonymized version of the final non-binding decision of the assessor may be posted on the CMS, ADR point, and other affiliated websites and may be used by ADR point for statistical purposes.

Art. 10 Non-binding decision

The decision issued by the Assessor will not be binding upon the parties unless they choose to accept it and formalize it in accordance with the national applicable law of the place the dispute resolution process took place. Neither ADR point nor the Assessor are responsible or required to formalize the above decisions, which shall be handled directly between the parties.

Art. 11 Conclusion of the procedure

1.    Upon the issuance of an non binding consensual or non consensual decision by the Assessor, the ODS procedure is considered to be concluded and the right of any party to return to it, in the same procedure, ceases.

2.    The participation of the parties in the ODS procedure and/or the decision of the Assessor, does not affect the right of any of the parties to take legal action before a court of competent jurisdiction for the above case.

3.    The ODS procedure may be terminated at any time by any party to the procedure, which may withdraw from it without any justification. It may also be terminated by the Assessor, in the event that he/she finds delaying tactics by the parties in resolving the dispute, unethical behaviour, expiry of the dispute resolution process deadlines, violation of the ODS rules by any of the parties or other reasons. In the such instances, it is at the discretion of the Assessor to issue a decision by evaluating the information and communication available to him/her up to the time of the termination of the process.

Art. 12 Disclaimer

Neither ADR point nor the Assessors shall be liable to the parties for any act or omission alleged in connection with the procedure conducted under these Rules or the settlement reached.

Art. 13 Interpretation and application of the Rules

The Assessor shall interpret and apply these Rules insofar as they relate to his duties and responsibilities. In all other cases, the Rules will be interpreted and applied by ADR point.

Art. 14 Start-up Costs and Cost of the Procedure

  1. According to the ADR point's service charges and fees policy, the submission of a complaint and the dispute resolution process are free of charge for the user (recipient of services), as this is specified in the Service Fees & Costs section. The provider will cover the full cost of the ODS process, based on the EU Regulation 2022/2065 which provides that the dispute resolution fees borne by the online platforms should not exceed the actual cost of ADR point for these services and the calculation of the actual cost required to resolve such disputes (ie. fees of the assessors, secretarial & administrative costs of the ODS process, maintenance & support of the CMS etc) whether the decision issued by the ADR point's assessors is consensual or not.
  2. The decision of the assessor, who finds in whole or in part in favour of the user, may provide that the online platform must reimburse the user for the reasonable costs he incurred for the ODS procedure. These costs shall be determined by the Assessor according to the following criteria:
          a. expenses reasonably related to and aimed at ensuring the legal protection
             of the user's rights during the ODS procedure;
         b. proof of actual payment of expenses, accompanied by relevant 
             documentation;
         c. ordinary expenses for this type of disputes, which should be proportionate to the   
             goal pursued, such as legal representation and expert advice;
         d. charges that do not exceed ordinary market costs for similar services
             necessary to ensure adequate legal protection of the user's rights.

These costs should be submitted to the Assessor, in order to be assessed during the process and taken into account in the parties’ agreement or the decision of the Assessor. Costs may include, Administrative & Management Expenses (any expenses required by the submission of the case and its processing of the case by the resolution body etc.), Legal Expenses (fees for a legal counsel who undertook the submission of the complaint in the online platform's complaint management system and/or the submission of a request to the CMS of ADR point, fees for drafting a memorandum on the subject of the dispute etc), Advisory Support (who undertook the submission of the complaint in the online platform's complaint management system and/or the submission of a request to the CMS of ADR point, fees of experts etc), Technical & Operational Expenses (expenses of restoring an account/data in the event of deletion, costs of technical support for troubleshooting, costs of re-registration or creating a new account, costs of republishing content), Other claims (financial burdens caused by the limitation/exclusion, refund of amounts unreasonably withheld, advertising costs lost due to incorrect removal of posts, compensation for loss of access to deleted data, documents or information, refund of subscriptions & charges, etc). For all the above costs the user must provide to the Assessor proof of payment and documentation, otherwise such costs will not be taken into account.

3. If the dispute is decided in favour of the provider, the user is not required to reimburse the provider for the costs incurred for the ODS process, unless the Assessor decides that the user has acted in bad faith. In such a case, the user shall reimburse the provider for the actual costs incurred in the ODS process.

Art. 15 Role of the Assessor and other proceedings

The Assessor may not act as an arbitrator, mediator, representative or legal counsel for any of the parties, in an arbitration or judicial proceeding related to the dispute that is the subject of the ODS procedure.


Art. 16 Applicable law and jurisdiction

The ODS procedure is regulated, interpreted, and implemented in accordance with the laws of Greece. Participation in this procedure does not impair or limit in any way the right of the user to take legal action in a court of competent jurisdiction.

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