Who we are: Your Experts for Commercial Dispute Settlement in the digital space.
ADROIT offers out-of-Court Settlement according to Art. 21 of the Digital Services Act, as well as Mediation according to Art. 12 P2B. ADROIT, and all of our Case-Decision-Makers fulfill the strict criteria set out by the DSA, regarding their qualification and independence. ADROIT provides services throughout the whole EU-Market.
Our All-in-one Solution: Art. 21 DSA Settlement and Art. 12 P2B Mediation
The European legislator has established alternative dispute resolution within Art. 21 of the Digital Services Act (Regulation EU 2022/2065), as well as Art. 12 of the “P2B” Regulation (Regulation EU 2019/1150). Especially concerning commercial disputes, it is often by mere chance under which regime the dispute is to be settled. ADROIT hence offers both out-of-Court Settlement according to the DSA, and Mediation according to the P2B Regulation. Even though the scope of the P2B regulation is narrower, as it “only” covers disputes between Platforms and their Business-Users, it is the prevailing opinion in legal literatur that it’s application takes precedent. Hence, if the P2B Regulation is applicable, settlement according to the DSA might be subsidiary. In practice, ADROIT will evaluate whether a claim is to be delt with under the DSA or the P2B regime, and will inform the parties which regulation is applicable. Due to our comprehensive offer, disputes are usually admissible to either one of the regimes.
Art 21. DSA Settlement
Our Competence to settle disputes as a certified out-of-Court Settlement Body according to Art. 21 of the Digital Services Act, lies especially in the ares of expertise that are elaborated below. According to our license, ADROIT is eligible to settle disputes concerning challengeable decisions of online shopping and online booking platforms, content sharing and content driven marketing platforms, Crowdfunding and P2P lending Platforms, Web3, Defi, NFT and fintech platforms, as well as Gaming, gambling and betting platforms, and B2B, B2C and P2P trading platforms and marketplaces.
Art. 12 P2B Mediation
Besides being a certified out-of-court Settlement body under the DSA, ADROITs Mediators offer Mediation according to Art. 12 of the Regulation (EU) 2019/1150 (P2B Regulation). Especially concerning independence of the bodies, the DSA is even stricter then P2B. ADROIT can hence offer a holistic approach to commercial digital dispute resolution, covering all aspects of European platform/marketplaces regulation. According to the P2B regulation, Platforms can name two mediators in their terms & conditions, who they are willing to work with. In Practice, Platforms often name mediation bodies.
Areas of Expertise within the DSA:
Online shopping and online booking platforms
Booking platforms are digital platforms that enable users to search, compare and book different types search, compare and book different types of services, activities or accommodation online. These platforms act as intermediaries between service providers and customers, facilitate the booking process and provide a central interface for organizing appointments or reservations. appointments or reservations. The process begins when users register on the booking platform and search for the and search for the desired services. This can include the booking of hotel rooms, flights, restaurants, events, tours or other activities. Service providers can regularly post their availability, prices and other information on the platform.
Content Sharing and Content driven Marketing Platforms
Content sharing platforms are online platforms that allow users to upload, share and interact with different types of content, such as photos, videos, music, artwork and more. These platforms serve as centralized places where users can showcase, discover and share their creative works with a wider community. The process begins when users register on the content sharing platform and create an account. After logging in, they can upload their own content to the platform.
Social networks are online platforms that enable people to establish digital relationships, share content to establish digital relationships, share content, communicate with each other and exchange information. These networks create virtual communities in which users are connected with each other and can share their share their interests, opinions and experiences.The process begins when a user signs up for a social network, creates a profile and establishes connections with other users whether by adding friends, following accounts or joining groups. groups. The platform then offers various functions that allow users toshare content, comment on posts, exchange messages and track activities in real time.
track activities in real time. Social networks allow users to share photos, videos, status updates and links. and links. Users’ activities are often aggregated in a newsfeed or dashboard where they can see the latest posts from their friends and contacts. Algorithms on the platform often decide which content is displayed in the newsfeed based on the interactions and preferences of the users.
Crowdfunding and P2P lending
Crowdfunding services are online platforms that allow individuals, entrepreneurs or organizations to raise organizations to collect financial support from a large number of people, to finance projects, ideas or campaigns. These platforms act as intermediaries between those seeking funding (project starters) and those willing to donate or invest money (supporters), to donate or invest money (supporters). The process begins when a project starter registers on the crowdfunding platform and creates a campaign. In this campaign details about the project, funding goal, time frame and possible rewards or consideration provided for supporters. The campaign can include anything from creative projects such as music or film productions to social initiatives, technological innovations or business ideas. The way crowdfunding services work is based on the fact that supporters make monetary contributions to fund the project.
Web3, Defi, NFT and Fintech Platforms and Protocols
ADROIT resolves resolutions concerning financial innovation products, however, especially in this field of our expertise, it is to be determined on a case-by-case basis whether the platform qualifies as an Online-Platform in the meaning of the Digital Services Act.
Gaming, Gambling and Betting Platforms
Game server hosting is a service that enables game developers and gaming communities to make online games accessible by providing and managing servers for multiplayer experiences. This service provides the necessary infrastructure for players to interact with each other. The process begins when a game developer or gaming community chooses game server hosting.
It is very likely that such services fall under the scope of the DSA, especially when players can make in-game purchases from third parties via an integrated market-place.
B2B, B2C and P2P trading platforms and marketplaces
Online marketplaces are digital platforms on which sellers can market and sell their products or services to potential buyers. These platforms create a virtual environment that allows companies and individuals to trade without being physically present in a particular location. The process begins when sellers register on the online marketplace and list their products or services. This can include a wide range of goods, from electronics to clothing to handicrafts or even services such as accommodation or transportation. Buyers, in turn, can register on the platform, search for products and order as required. The way online marketplaces work is based on the creation of profiles for sellers and buyers, where information about the products on offer, prices, reviews and other relevant details are provided. Buyers can navigate through the platform, compare products, read reviews and make their purchases. The platforms often provide secure payment options to facilitate transactions between buyers and sellers.