The Platform to Business Regulations have now gone live (12 July 2020).
Online Platforms must put forward two mediators in their terms and conditions.
We can help with this as we have a panel of independent mediators and are an ADR Provider for consumer/trader disputes already.
details are on the EU website:
The Platform to Business Regulations, which will still apply post Brexit. requires amendments to Online Platform Providers’ Terms and Conditions etc.
This is how we deal with disputes about Platforms:
Platform Providers have to:
Name a minimum of two mediators that the Online Platform Providers would be willing to use to resolve a dispute (Article 12) as well as having a complaints process.
What online platforms are involved?
Answer? A lot of them! The Regs will cover a lot of platforms including, search engines, providers of online market places, app stores and social media providers.
The EU explains that these platforms are:
Marketplaces on which a commercial transaction between a customer and a business user takes place. Characteristics:
The transaction and payment takes place on the platform. Common business model: The platform charges a commission.
Services therefore include:
E-commerce market places (Amazon market place, eBay, Etsy, Zalando, Fnac MarketPlace, Opodo, Chrono24 Trusted Checkout, Booking.com, Expedia, Hostelworld, Tripadvisor Instant Booking, Skyscanner Direct Booking, Uber, Airbnb, Deliveroo, Uber Eats, Upwork, Idealo.de, Kindle Direct Publishing, Vimeo (can rent movies), Xbox self-publishing games, Facebook – direct buy function integrated in profiles & Messenger)App stores (Google Play, Opera Mobile Store, Samsung Smart TV, LG Smart World, Sony Playstation, Oculus Gear VR, Alexa Skills)These are services offered on marketplaces on which a commercial transaction between a customer and a business user takes place (transaction takes place on the platform).Online platforms bring together users with the aim to “facilitate” a commercial transaction (which does not necessarily take place on the platform itself).This includes both platforms on which the entire transaction takes place and those where a transaction is initiated, where the customer makes a choice from among different offers, but where the business user can also be contacted to finalize the transaction outside the platform.The commercial transaction does not necessarily take place on the platform itself (“facilitator” role).The consumer joins the platform for a variety of reasons, sometimes pro-actively looking to choose between a variety of offers (e.g. houses to buy or rent).The consumer may contact the business user directly (e.g. make a call, schedule a visit, etc.). The actual payment can take place outside of the platform.The business user may be charged by the platform in different ways, such as listing fees (the level of which may depend on level of service provided – e.g. additional promotion, improved content, better visibility), charges per click and commissions.Online platforms bringing together users with the aim to “facilitate” a commercial transaction (which does not necessarily take place on the platform itself)Characteristics and business models:The business user has a contractual relationship with the platform.The consumer joins the platform for a variety of reasons, sometimes pro-actively looking for a possibility to choose between a variety of offers (e.g. houses to buy or rent).The business user may be charged by the platform in different ways, such as:Listing fees (the level of which may depend on level of service provided – e.g. additional promotion, improved content, better visibility)Charges per clickCommissionsServices therefore include:Facebook (pages, marketplace), Google My Business, Instagram (profiles used by artists, makers), Olx classifieds, Ebay classified ads, Immoweb, Funda, Autoscout, Instagram (‘shop now’ button), la Fourchette (restaurant booking), SoundCloud (can purchase tracks), price comparison websites (to the extent that business users present on those websites have a contract with the platform).
To put two of our mediators forward in your terms and conditions, feel free. Just let us know when a dispute arises suitable for mediation.