Digital Services Act

Digital Services Act: goals, benefits and the role of ADR Center in dispute resolution

Regulation (EU) 2022/2065, known as the Digital Services Act (DSA), marks a turning point in the regulation of digital services in the European Union. Fully applicable in all Member States, it aims to create a safer and more transparent digital space, with precise obligations for all online platforms operating in the EU market, to counter the spread of illegal content and strengthen users’ rights.

Purpose of the Digital Services Act

The Digital Services Act was designed to respond to the growing challenges of the digital age and make Europe’s online ecosystem safe, fair and accountable. The main objectives of the legislation include:

• Users’ rights: giving users more control over the content they see, their privacy and how platforms process their personal data.
• Countering illegal content: setting clear rules for removing illegal content while respecting freedom of expression.
• Platform accountability: imposing transparency obligations on recommendation algorithms, online advertising and content moderation.
• Dispute resolution: giving users accessible, fair and independent means to resolve disputes with online platforms.

Dispute resolution under Article 21 of the DSA

Article 21 of the DSA introduces a mechanism for the out-of-court settlement of disputes between recipients of the service and online platforms. It gives users an accessible alternative to court proceedings for disputes about platform decisions, such as the removal of content or the suspension of an account. Bodies wishing to operate in this area must obtain certification showing that they meet requirements such as independence, impartiality and specific expertise. Article 21 does not apply only to the largest online platforms: except for micro and small enterprises, which the DSA exempts, it covers:

• Very large online platforms, designated by the European Commission, which also have further obligations under the DSA. The European Commission publishes the list of these platforms here.
• All other online platforms offering services in the European Union, such as marketplaces, app stores, collaborative economy platforms and social media.

These bodies must be independent and accessible, and they allow users to contest decisions such as the removal of content, the suspension of an account or other measures affecting them. The user chooses the certified body, and platforms must engage in good faith in the procedure before a certified body.

The role of ADR Center

ADR Center is certified as an out-of-court dispute settlement body (ODS) by the Italian Communications Authority (AGCOM). AGCOM is the Digital Services Coordinator for Italy, designated under the Italian law implementing the DSA. ADR Center’s certification was granted by resolution 501/24/CONS and reflects its commitment to transparency, fairness and professionalism in alternative dispute resolution.

ADR Center’s dispute resolution service is characterised by:

• Independence and impartiality: cases are examined by independent experts, through a fair and transparent procedure.
• Accessibility: the procedure is simple, online and free for the user, without the time a court case takes.
• Regulatory compliance: the service follows the requirements of Article 21 of the DSA and the conditions of the AGCOM certification.
• Efficiency: admissibility is decided within 10 days and the non-binding decision is issued within 90 days.

Benefits for users and online platforms

The implementation of the Digital Services Act, with dispute resolution services such as ADR Center’s, brings real benefits:

• For users: a simple, free way to ask for an independent review of platform decisions.
• For platforms: a structured way to handle disputes that builds users’ trust.
• For the digital ecosystem: a safer, more transparent and more cooperative online environment.

The future of digital regulation in Europe

The DSA is an important step towards a fairer and more accountable digital Europe. Platforms must engage in good faith in the procedure before a certified body such as ADR Center, giving users one more way to ask for a review of decisions that affect them. With its experience and professionalism, ADR Center is a reference point both for users and for platforms that want to meet their DSA obligations and contribute to a safer digital ecosystem.