New information obligations for online merchants

Since 09.01.2016, the EU Regulation on out-of-court settlement of consumer disputes applies. What does this mean for online merchants? What new information obligations must online merchants fulfil?

The EU Regulation No. 524/2013 on out-of-court settlement of consumer disputes has been in force since 09.01.2016. Its aim is to strengthen consumer protection. Online dispute settlement is intended to resolve disputes between consumers and traders arising from online transactions simply, efficiently, quickly and cost-effectively out of court.

For this purpose, the EU Commission was obliged to establish an online platform (ODR platform) in which out-of-court dispute settlement can take place in case of problems with online purchases. Both consumers and traders should be able to contact the platform in the event of a dispute.

Online merchants are now required to place a link to the ODR platform on their website.

Mandatory information

Online merchants must provide the link "https://ec.europa.eu/consumers/odr/", easily accessible to consumers, on their website. One option is, for example, to include the information in the legal notice.

Furthermore, online merchants are obliged in this context to provide their e-mail address.

For traders who have submitted to recognised consumer dispute resolution bodies, more extensive information obligations apply.

Conclusion

Although the ODR platform will only be available from 15.02.2016, online merchants must comply with the information obligation from 09.01.2016 onwards. Otherwise, competition law cease-and-desist letters may be threatened. If you need support with the implementation, please feel free to contact us.