Regulation (EU) 2019/1150 totally reshapes the rules for Platform Providers, by regulating their conduct, such as e-commerce marketplaces, software application stores, social media, and search engines.
Firstly in addition to Consumer protection, the UE acts as a world leader in balancing interests between Businesses, which make their platform available, and Commercial users who use this space to offer their online services to end Consumers.
For many it is even a regulatory obligation!
There are many disputes that arise from this relationship and that, with uncertain times, costs and outcomes, reach the courtrooms. Just think about sellers on the Marketplace that, in order to obtain the reactivation of their account – perhaps deactivated for legitimate reasons – go straight to the courts.
However, this legislation introduces the first-ever legal obligation for the regulation of the relationship between online Platforms and their Business users, precisely because of the absence of appropriate communication between P2Bs. In fact, from 12 July 2020, following art. 12 of the EU Regulation, Providers of online intermediation services are obliged to facilitate mediation by, in particular, identifying at least two specialised Mediators with whom they are willing to engage.
The appointment is completely free and does not involve any initial cost. The Mediators will act only when needed and will have to balance their costs according to the financial resources of the parties.
Although it may seem a mere formal requirement, the Mediation for Marketplace is an effective means of quickly facilitating the settlement of disputes relating to the provision of online intermediation services.
What Online Platforms are involved?
The regulation applies to the entire spectrum of online Marketplace, affecting almost 7000 online intermediation services operating in the EU and allowing their commercial Users to offer services to European Consumers, including:
- Online advertisement and auction websites;
- e-commerce marketplaces which act as intermediaries between the sellers of goods and services and users;
- software application stores;
- social media;
- search engines.
European legislation, while on the one hand incentives all online intermediation suppliers to update their terms and conditions, with the inclusion of specialised Mediators, on the other hand, makes alignment mandatory for marketplaces which, pursuant to the annex of recommendation 2003 / 361 / EC (article 11.5), fall into the category of medium and large enterprises. In other words, those businesses that have more than 50 employees and generate an annual turnover of over 10 million euros.
is a Specialised Mediator
is a Specialised Mediator
Being compliant with the legislation requirements today is simple and has no cost. Simply appoint Polimeni.Legal as Mediator in the terms and conditions of the online platform, following art. 12 of EU Regulation 1150/2020.
POLIMENI.LEGAL has been a mediator specialist in online intermediation for over 14 years and, in general, in the regulation of disputes that arise from the Internet. The clients assisted by the experts of the law firm are Business Platforms that every day benefit from the skills gained by the drafting of terms and conditions oriented both to the protection of the Marketplace Business and to compliance with legal obligations.
The law firm professional training is continuous and rigorous, and the philosophy of Polimeni.Legal is the achievement of a positive outcome that, almost always, is not found in the courtrooms, but in the careful search for a balance with the Business users of the platform.
THE REGULATION PROVIDES FOR
What does EU Regulation 2019/1150 provide for Marketplaces obliged to comply from 12th July?
They shall identify in their terms and conditions two or more Mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint handling system