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ODR Regulation: Obligation to refer to dispute resolution

Online retailers must provide information about online dispute resolution and a link to the platform on the basis of the ODR Regulation.

Anyone who is active in online retail must comply with EU regulations and must not forget the new ODR Regulation.

In the absence of information in accordance with the ODR Regulation on the online dispute resolution platform (ODR platform), as well as a corresponding link, the Bochum Regional Court ruled on March 31, 2016 (Ref.: 14 O 21/16) that there is a noticeable impairment of the consumer in accordance with Section 3 a UWG.

ODR Regulation: information obligation since January

The so-called ODR Regulation No. 524/2013 serves as the basis for the obligation to provide information on online dispute resolution.
This came into force on January 09, 2016.

It establishes the general obligation of online traders to provide consumers with all information on digital dispute resolution and to provide an easily accessible link.

Relevance of online dispute resolution

Even if there is no dispute resolution in Germany today, it is not certain that this platform will still not be available in Germany in the event of disputes arising at a later date due to contracts concluded to date, according to the Bochum Regional Court.

Problems often do not arise when the contract is concluded, but at a much later stage.
Therefore, this information must be provided at the beginning so that the consumer can use it at a later point in time.

If the retailer fails to provide information in accordance with the ODR Regulation, the consumer suffers a noticeable detriment within the meaning of Section 3a UWG.

Obligation to provide information applies to all online retailers

The obligation to provide information under the ODR Regulation applies not only to large companies, but in principle to every online retailer (no matter how small).
The ODR platform is a central point of contact for consumers and businesses and is free to use.

Incidentally, the ODR Regulation really only applies to online retailers:

This Regulation should not apply to disputes between consumers and traders arising from sales or service contracts concluded offline, nor to disputes between traders.

The website must always be adapted to the new requirements in order to avoid the risk of a warning.
Contact us if you would like to have your website checked by us.

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