Out-of-Court Dispute Settlement Body
Out-of-Court Dispute Settlement Body (OCDR Body) is an entity whose status as a body competent to resolve disputes between service recipients (users) and providers of online platforms concerning content moderation decisions has been certified by the national coordinator for digital services.
In the Republic of Croatia, the role of national coordinator for digital services, responsible for certifying bodies for out-of-court dispute settlement, is performed by HAKOM. In accordance with the Digital Services Act (DSA), such bodies provide users with an additional mechanism to challenge decisions of online platforms, once the platform’s internal complaint-handling process has been exhausted.
Bodies for out-of-court dispute settlement represent an alternative to judicial proceedings, enabling disputes to be resolved more quickly and at lower cost. Users nevertheless retain the right to initiate judicial proceedings, and both platforms and users are obliged to participate in the process in good faith.
In order to obtain the status of a certified body for out-of-court dispute settlement, an applicant must meet the conditions set out in Article 21 of the DSA, including:
Legal persons with their registered office in the Republic of Croatia seeking to obtain the status of a certified body for out-of-court dispute settlement may submit an application to HAKOM, in its capacity as the national coordinator for digital services, once the rulebook establishing the criteria and procedure for certification has been adopted. Following the adoption of the rulebook, detailed information on the application process, required documentation, and decision-making procedure will be published on this page.
Irrespective of whether a certified body exists in the Republic of Croatia, users may, in accordance with the DSA, approach any body for out-of-court dispute settlement certified in a Member State of the European Union, taking into account its area of expertise and the language in which it operates.
The list of certified bodies is published and maintained by the European Commission and is available at the following link.
In the Republic of Croatia, the role of national coordinator for digital services, responsible for certifying bodies for out-of-court dispute settlement, is performed by HAKOM. In accordance with the Digital Services Act (DSA), such bodies provide users with an additional mechanism to challenge decisions of online platforms, once the platform’s internal complaint-handling process has been exhausted.
Bodies for out-of-court dispute settlement represent an alternative to judicial proceedings, enabling disputes to be resolved more quickly and at lower cost. Users nevertheless retain the right to initiate judicial proceedings, and both platforms and users are obliged to participate in the process in good faith.
In order to obtain the status of a certified body for out-of-court dispute settlement, an applicant must meet the conditions set out in Article 21 of the DSA, including:
- impartiality and independence, including financial independence, in relation to online platform providers and service recipients;
- appropriate expertise to adjudicate disputes in one or more areas of unlawful content or concerning the application and enforcement of the terms of service of one or more types of online platforms;
- ensuring that its members receive remuneration in a manner that is not linked to the outcome of the proceedings;
- availability of the procedure electronically, including the possibility of submitting applications and supporting documentation online;
- the ability to resolve disputes swiftly, effectively, and cost‑efficiently, in at least one official language of the European Union;
- conduct in accordance with clear, fair, and publicly accessible procedural rules.
Legal persons with their registered office in the Republic of Croatia seeking to obtain the status of a certified body for out-of-court dispute settlement may submit an application to HAKOM, in its capacity as the national coordinator for digital services, once the rulebook establishing the criteria and procedure for certification has been adopted. Following the adoption of the rulebook, detailed information on the application process, required documentation, and decision-making procedure will be published on this page.
Irrespective of whether a certified body exists in the Republic of Croatia, users may, in accordance with the DSA, approach any body for out-of-court dispute settlement certified in a Member State of the European Union, taking into account its area of expertise and the language in which it operates.
The list of certified bodies is published and maintained by the European Commission and is available at the following link.