Certification of Out-of-court Dispute Settlement Bodies under the Digital Services Act

The Digital Services Act tries to split rulemaking and interpretation in content moderation. It mostly leaves providers’ rulemaking discretion intact but constrains the way providers can subsequently use their own policies against individuals. Providers must disclose a broad set of rules upfront and explain their individual decisions. Platforms, such as social media and marketplaces, must also allow internal free-of-charge appeals. One of the innovations is that unhappy users and notifiers, instead of resorting to the judiciary, can now also file “external appeals” that can be heard in front of certified out-of-court dispute settlement bodies of their choice. If they win, the platforms will pay some of their costs. This brief practical note explains the rationale of the system and considers the issues that the national Digital Services Coordinators (DSCs) will have to deal with in the certification process. Since the first certifications of the ODS bodies will not take place before February 2024, the goal is to start the conversation about the best practices before the first certifications are made