EU shuts down ODR platform on 20 July 2025

The European Union will deactivate its Online Dispute Resolution platform (ODR platform for short) on 20 July 2025. We explain below what this specifically means for you as an entrepreneur and why action is still necessary.

What was the ODR platform?

Since the entry into force of theODR Regulationin 2016, the ODR platform served the EU as a central point of contact for out-of-court settlement of disputes betweenconsumers and online retailerswithin the EU. The aim was toavoid lengthy and costly court proceedingsand to create a simple, digital solution for conflicts inonline commerce. Participation in dispute resolution was voluntary for retailers; however, there was astatutory obligation to provide a linkto the ODR platform on the merchant's own website.

What exactly changes?

Due to low usage, platform operations will be suspended on 20 July 2025 (seeEU Regulation 2024/3228 of 19 December 2024). Complaints can still be submitted until and including 20 March 2025. Processing will take place until 19 July 2025. After that, all data, including personal information, will be deleted. With the shutdown, the obligation to provide a link to the ODR platform on one's own website will also cease.

What does this mean for online retailers?

Previously, a missing or faulty link to the ODR platform could have legal consequences such as cease-and-desist letters (cf. e.g.OLG München, judgment of 22.09.2016, Az. 29 U 2498/16, LG Bochum, order of 24.04.2017, Az. I-16 O 148/17). This risk will cease to exist in future. Nevertheless, companies should take action:

Recommendations for action for companies:

1. Until 20 July 2025:

Retain existing references and links to the ODR platform on your website, in terms and conditions, and other legal texts.

2. From 21 July 2025 onwards:

Consistently remove all references to the ODR platform from your website, in your terms and conditions, and other legal texts.

3. Special case: Submitted declaration of intent to cease and desist

If you have previously submitted a declaration of intent to cease and desist in relation to the ODR platform following receipt of a cease-and-desist letter,examine it carefully. If it does not contain a condition precedent that becomes void upon a change in the legal situation, it remains legally binding even after the statutory obligation ceases to exist.

Important: Even if the statutory basis ceases to exist, the obligation arising from the declaration of intent to cease and desist remains – unless you actively terminate it.

Whilst cease-and-desist agreements are generally considered "non-terminable", they canbe terminatedif the factual circumstances have changed in favour of the party owing the obligation to cease and desist and the cease-and-desist letter would have been unjustified in light of the changed circumstances, or if the legal situation has changed, whether through a change in legislation or through a change in case law, and the cease-and-desist letter would have been unjustified in light of the changed legal situation. The cessation of the statutory information obligation regarding the ODR platform thus constitutes a grounds for termination as a change in legislation. It makes it unreasonable for the party owing the obligation to cease and desist to continue to be bound by the contractual obligation.

4. Do not forget: continue to observe § 36 VSBG!

Regardless of the shutdown of the ODR platform, the information obligation under § 36 of the Consumer Dispute Settlement Act (VSBG) remains. Companies thatregularly employ more than ten personsare still obliged toclearly statewhether they are willing or required to participate in dispute settlement proceedings before a consumer arbitration boardprepared or obligedand, where applicable, to point out the competent consumer arbitration board. This information must be clearly visible on the company website and in the terms and conditions –also after 20 July 2025.

Conclusion

This is aclassiccase of competition law andinternet law. The Stuttgart lawyers and specialist attorneys at AVANTCORE Rechtsanwälte are very familiar with this subject.

Although many well-known legal disputes regarding the ODR platform can probably be laid to rest with the shutdown, we are happy to help you with any questions regarding the further handling of your information obligations.

In particular, if you have already conducted competition law disputes in this context and have submitted a declaration of intent to cease and desist (see above), the legal situation may be more complicated than one might suspect at first glance. In case of doubt, it is advisable to consult a lawyer with appropriate expertise in order to avoid costly difficulties.