R.I.P.
ODR platform.
R.I.P.
ODR platform.
from
The ODR platform, which has existed since 2016 but is largely irrelevant in Germany, will be discontinued on 20.07.2025. In this article, we explain what measures affected companies now need to take.
What is the ODR platform and why is it being shut down?
The ODR platform was launched by the European Commission in 2016 to provide a central point of contact for consumers and online retailers within the EU to resolve disputes out of court. The aim was to resolve cross-border disputes in online commerce more easily and efficiently without the parties involved having to go to court, which is often a lengthy and costly process.
The platform was to serve as a mediator: Consumers could submit complaints, which were then forwarded to a competent dispute resolution body in the respective country. The idea behind the ODR platform was good, but its implementation was poor. The low level of use and acceptance are now the main reasons for the discontinuation of the ODR platform. The Commission has recognized that the platform was unable to achieve its original objectives to the extent hoped for.
Why has the ODR platform never really been relevant in Germany?
Although the ODR platform was an EU-wide initiative, it was never really able to establish itself, particularly in Germany, and basically played no role whatsoever in out-of-court dispute resolution. This was due to several factors:
- Complexity: The use of the platform was perceived by users as too complex, which increased the inhibition threshold for initiating a procedure.
- Existing dispute resolution bodies: In Germany, there was already a well-established system of consumer arbitration boards before the ODR platform was introduced, which was well received by consumers. These national schemes were often better known and easier to access.
- Judicial enforcement: Due to the regulations on the bearing of costs in Germany, companies and consumers were more willing to take legal action directly than in other countries.
- Low awareness of the problem: Many German online retailers and consumers were not aware of the existence or benefits of the ODR platform or preferred tried-and-tested dispute resolution channels.
ODR platform and competition law warnings: A nuisance for companies
Despite its low practical relevance in Germany, the legal obligation to link to the ODR platform led to a wave of competition law warnings. The background to this was Article 14 of the ODR Regulation (Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes), which obliges online retailers to provide an easily accessible link to the ODR platform on their website and to provide their email address.
Viele Unternehmen, die dieser Pflicht nicht oder nicht korrekt nachkamen, wurden von Wettbewerbern oder Abmahnvereinen kostenpflichtig abgemahnt. Diese Abmahnungen waren für die betroffenen Unternehmen oft ärgerlich, da sie aufgrund eines Formalfehlers und nicht wegen einer tatsächlichen Beeinträchtigung von Verbraucherrechten erfolgten. Es entstand der Eindruck, dass die OS-Plattform, statt Verbraucher zu schützen, primär eine Angriffsfläche für Abmahnungen bot.
What do companies need to do now?
With the shutdown of the ODR platform on July 20, 2025, the legal obligation to link to it will no longer apply. This has specific implications for your company, which you should comply with immediately:
- Removal of the link to the ODR platform: Check your website, your general terms and conditions (GTC), your legal notice and all other places where you have linked to the ODR platform so far. These links should be removed immediately before July 20, 2025. A link that is still in place could come to nothing after the shutdown and therefore again be anti-competitive.
- Review and adapt legal texts: Make sure that your general terms and conditions and data protection declarations no longer contain any references to the ODR platform. Redraft the sections on dispute resolution if they explicitly refer to the ODR platform.
- Termination of any cease-and-desist declarations: If your company has been warned in the past for a breach of the link obligation and you have issued a cease-and-desist declaration, this should be terminated with effect from 20.07.2025. Otherwise, you may be in trouble if the link is removed but a cease-and-desist obligation still exists.
Declarations of discontinuance in relation to the ODR platform should definitely be terminated with effect from 20.07.2025.
Conclusion
The discontinuation of the ODR platform is an overdue decision by the EU Commission, as it was never relevant, with the exception of warnings under competition law.
For online retailers in Germany, this primarily means one less obligation and the elimination of a source of potential warnings. Companies should take the opportunity to review their legal texts and websites and bring them up to date.
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