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Draft:Article 21 of the Digital Services Act

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Article 21 of the Digital Services Act
European Union
CitationRegulation (EU) 2022/2065, Article 21
Enacted byEuropean Parliament and Council
Enacted19 October 2022
Effective16 November 2022
Status: In force

Article 21 of the Digital Services Act (DSA) is a provision of European Union Regulation (EU) 2022/2065. It establishes a legal basis for users of online platforms to submit disputes to certified out-of-court dispute settlement (ODS) bodies. The provision aims to provide an alternative to court proceedings in matters such as content removal or account restrictions.

Context

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The Digital Services Act was adopted in 2022 as part of the EU's digital strategy to modernize regulations for online services. Article 21 is located within Chapter III of the Regulation, which addresses platform responsibilities and user protections.

Under Article 21, providers of intermediary services—including very large online platforms (VLOPs) and very large online search engines (VLOSEs) are required to inform users about their right to access certified ODS bodies. The provision complements Article 20, which governs internal complaint-handling procedures of platforms.[1]

Certification and criteria

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Each EU Member State must appoint a Digital Services Coordinator, who is responsible for certifying ODS bodies under Article 21. These bodies are required to meet minimum standards established by the Regulation, including independence, transparency, accessibility, and expertise relevant to online disputes.[2]

Operation

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Users may submit complaints to an ODS body without prior legal action. While platform participation in these proceedings is voluntary, they are expected to cooperate in good faith. ODS bodies issue recommendations that, while not legally binding, must be acknowledged by platforms.[3]

Certified bodies

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As of May 2025, the European Commission has published a list of certified ODS bodies.[4]

Certified ODS bodies (as of May 2025)

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See also

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References

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  1. ^ Smith, John (15 March 2023). "EU Digital Services Act empowers users with new dispute rights". Politico. Retrieved 6 June 2025.
  2. ^ Brown, Anna (10 May 2024). "Out-of-court dispute settlement under the Digital Services Act gains traction". EURactiv. Retrieved 6 June 2025.
  3. ^ Lee, Michael (7 November 2023). "How the EU's Digital Services Act is changing platform accountability". TechCrunch. Retrieved 6 June 2025.
  4. ^ "Out-of-court dispute settlement bodies under the Digital Services Act (DSA)". European Commission. Retrieved 29 May 2025.
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