Under article 21 of the Digital Services Act (DSA), recipients of services provided by online platforms shall be entitled to select any out-of-court dispute settlement body that has been certified by the Digital Services Coordinator (DSC) of the Member State in which the recipient is established.
Providers of online platforms must provide clear and easily-to-understand information on their interface about the possibility of using these bodies.
Who certifies out-of-court dispute settlement bodies
ANACOM, as DSC, is the authority that certifies out-of-court dispute settlement bodies in Portugal.
The DSC informs the European Commission about the out-of-court dispute settlement bodies which they have certified. The European Commission will maintain a publicly accessible list of certified out-of-court dispute settlement bodies.
Conditions for certification of out-of-court dispute settlement bodies
Certification is granted upon request for a maximum period of five years (renewable), provided that the body meets the following conditions1:
- It is impartial and independent, including financially independent, of providers of online platforms and of recipients of the service provided by providers of online platforms, including of individuals or entities that have submitted notices;
- It has the necessary expertise in relation to the issues arising in one or more particular areas of illegal content, or in relation to the application and enforcement of terms and conditions of one or more types of online platform, allowing the body to contribute effectively to the settlement of a dispute;
- Its members are remunerated in a way that is not linked to the outcome of procedures;
- The out-of-court dispute settlement that it offers is easily accessible, through electronic communications technology, and allows the dispute settlement to be initiated and requisite supporting documents to be submitted online;
- It is capable of settling disputes in a swift, efficient and cost-effective manner and in at least one of the official languages of the institutions of the Union;
- The out-of-court dispute settlement that it offers takes place in accordance with clear and fair rules of procedure that are easily and publicly accessible, and that comply with applicable law.
Requesting certification as an out-of-court dispute settlement body
Requests by bodies established in Portugal for certification as an out-of-court dispute settlement body must be submitted by email to ANACOM, as DSC, to dsc@anacom.pt.
Upon receipt of the request, the DSC will assess whether the organisation complies with the applicable conditions. During the assessment process, the DSC may request additional information or clarifications.
Supervision of out-of-court dispute settlement bodies
Certified out-of-court dispute settlement bodies which are established in Portugal are under the supervision of the DSC. The DSC may conduct an investigation into an out-of-court dispute settlement body, either on its own initiative or on the basis of the information received by third parties. If a body no longer complies with the applicable conditions, the DSC may revoke its certification.
