Ireland: Adopted Media Commission Guidance on Certification Process for Out-of-Court Dispute Settlement Bodies under Article 21 of the Digital Services Act (DSA)

On 12 February 2024, the Media Commission (CNM) adopted a Guidance for the certification process for entities applying to become certified out-of-court dispute settlement (ODS) bodies under Article 21 of the Digital Services Act (DSA). The Guidance outlines the certification conditions, application procedures, and documentation requirements for entities seeking certification. The certification conditions require an ODS body to demonstrate its impartiality and independence from online platform providers and users, to have expertise in specific areas of illegal content or enforcement of platform terms and conditions and to ensure member remuneration is not outcome-based. Further, the ODS body has to provide accessible electronic dispute resolution with online document submission, resolve disputes quickly and inexpensively in an official EU language, and conduct proceedings transparently and fairly in accordance with established rules and applicable laws. The Guidance is divided into 6 sections covering information on the applicant body and the certification requested, impartiality and independence, expertise, efficiency, accessibility and transparency, fairness, and a declaration. Annexes include a list of supporting documents required for the application.