The European Union will deactivate its online dispute resolution platform (ODR platform for short) on July 20, 2025. In the following, we explain what this means for you as an entrepreneur and why there is still a need for action.
What was the OS platform?
Since the ODR Regulation In 2016, the EU's ODR platform served as a central point of contact for the out-of-court settlement of disputes between Consumers and online retailers within the EU. The aim was to, lengthy and costly legal proceedings and to find a simple, digital solution for conflicts in the Online trading to create. Although participation in dispute resolution was voluntary for retailers, there was a Legal obligation to link the ODR platform on its own website.
What will change in concrete terms?
Due to low usage, the platform will cease operations on July 20, 2025 (see EU Regulation 2024/3228 of December 19, 2024). Complaints can still be submitted up to and including March 20, 2025. Complaints will be processed until July 19, 2025, after which all data, including personal information, will be deleted. With the shutdown, the obligation to provide a link to the ODR platform on your own website will also cease to apply.
What does this mean for online retailers?
Until now, a missing or incorrect link to the ODR platform could result in legal consequences such as warnings (see e.g. OLG Munich, judgment of 22.09.2016, Ref. 29 U 2498/16, Bochum Regional Court, decision of 24.04.2017, case no. I-16 O 148/17). This risk will no longer exist in the future. Nevertheless, companies should take action:
Recommendations for companies:
July 1 - 20, 2025:
Retain existing references and links to the ODR platform on your website, in general terms and conditions and other legal texts.
2. as of July 21, 2025:
Consistently remove all references to the ODR platform on your website, in general terms and conditions and other legal texts.
3. special case: declaration of discontinuance issued
If you have issued a cease-and-desist declaration in relation to the ODR platform in the past after receiving a warning letter, check them carefully. If it does not contain a condition subsequent in the event of a change in the legal situation, it shall initially remain legally binding even after the legal obligation has ceased to apply.
Important: Even if the legal basis no longer applies, the obligation arising from the cease-and-desist declaration remains in place - unless you actively terminate it.
Injunction agreements are generally considered "non-cancellable". However, they can be terminatedif the actual conditions have changed in favor of the party obliged to cease and desist and the warning would have been unjustified taking into account the changed situation, or if the legal situation has changed, whether due to a change in the law or a change in case law, and the warning would have been unjustified taking into account the changed legal situation. The abolition of the statutory obligation to provide information via the ODR platform therefore constitutes a reason for termination as a change in the law. It makes it unreasonable for the debtor to continue to adhere to the contractual obligation.
4. do not forget: continue to observe § 36 VSBG!
Irrespective of the deactivation of the ODR platform, the obligation to provide information in accordance with Section 36 of the German Consumer Dispute Resolution Act (VSBG) remains in place. Companies that generally employ more than ten peopleare still obligated, clearly statewhether they are willing to participate in a dispute resolution procedure before a consumer arbitration board. willing or obliged and, if applicable, to the competent consumer arbitration board. This information must be easy to find on the company website and in the general terms and conditions. even after July 20, 2025.
Conclusion
This is a Classics competition law and Internet law. The Stuttgart lawyers and specialist lawyers at AVANTCORE Rechtsanwälte are very familiar with this topic.
Even if many well-known legal disputes can be laid to rest with the shutdown of the ODR platform, we will be happy to answer your questions on how to deal with your information obligations.
In particular, if you have already been involved in competition law disputes in this context and have issued a cease-and-desist declaration (see above), the legal situation may be more complicated than you might think at first glance. If in doubt, it is advisable to seek advice from a lawyer with the relevant expertise in order to avoid costly difficulties.
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