Brussels, 13 November 2026
A new study examines the experience with the practical implementation of the out-of-court dispute settlement mechanism established under Article 21 of the Digital Services Act, including possible challenges with its implementation, and outlines potential measures to address them.
Out-of-court dispute settlement (ODS) is a specific appeal mechanism introduced by the Digital Services Act (DSA) that gives users of online platforms more control over their online content. It provides them with a cost-effective and quicker alternative to court proceedings when they disagree with a platform’s content moderation decision. ODS is available for EU users of online platforms, including Very Large Online Platforms (VLOPs).
The study concludes that the ODS mechanism under Article 21 is operational and developing, but its effectiveness depends on coordinated improvements to legal clarity, procedural consistency, operational interoperability, and good faith cooperation between certified ODS bodies and online platforms.
The study offers two sets of recommendations designed to strengthen the mechanism as a meaningful avenue for redress, while also supporting learning from early implementation experience. The horizontal set of recommendations focuses on cross-cutting weaknesses, describing the need for best-practice convergence and structured cooperation, as well as improved transparency among other measures.
The second set of recommendations is specific to each of the five challenge areas described below. It identifies concrete measures that could be implemented by stakeholders, including ODS bodies, platform providers, and regulators.
The European Commission procured this external study in 2025 to support its supervisory work under the DSA. The findings are based on desk research, legal analysis, and extensive stakeholder consultations with ODS bodies, online platforms, and national regulators (Digital Services Coordinators).
The study does not evaluate compliance by providers of VLOPs and does not represent the Commission’s or Digital Services Coordinators’ position on compliance of relevant VLOPs with Article 21 DSA. The study, in particular, examines five main areas of issues with current functioning of ODS mechanism in the post-certification phase:
- Approaches to determining which moderation decisions are eligible for review by ODS bodies
- Exchange of case-related information between platforms and ODS bodies
- Signposting – the way platforms inform users about the possibility of using ODS
- Fees charged in relation to ODS disputes
- The implementation of ODS decisions
The publication of the study should be seen in the context of the supervisory work of the Commission, including the Commission’s Workshop with VLOPs and DSCs dedicated to the implementation of Article 21 DSA by VLOPs, organised on 20 October 2026. The analysis and results of the study will further inform the next steps of the on-going supervisory work and regulatory dialogue with VLOPs.
Read the study and the executive summary (available in English and French).
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Source – EU Commission