Obligation of a web shop to integrate a link to the ODR platform

Entrepreneurs can use an alternative dispute resolution procedure in accordance with the EU Directive on Alternative Dispute Resolution in Consumer Affairs to resolve their disputes with customers. With effect from 09.01.2016 web shop operators and other online sales platforms must incorporate a link to the ODR platform (Online Dispute Resolution), set up by the European Commission on their website. The obligation under Article 14 (1) (1) Regulation No. 524/2013 to publish actively the existence of the European ODR platform is, however, also infringed if, for a certain time, no online dispute settlement in Germany could be offered via this platform. [OLG (Higher Court of Appeal) Munich 22.09.2016, 29 U 2498/16]