Class Action vs Google · upheld by the Court of Milan

Area · DSA — Digital platforms

Right to out-of-court settlement

It is the right to turn to independent bodies to resolve disputes with platforms without having to start court proceedings.

Position in the tableAll rights

What it is

The right to out-of-court settlement (ADR, Alternative Dispute Resolution) is the right to turn to an independent, certified body to resolve a dispute with a platform without going to court.

It is a middle ground between:

  • the platform’s internal complaint, often ineffective;
  • legal action in court, expensive and slow.

When it applies

Prerequisite: the internal complaint has been exhausted

As a rule, before turning to an ADR body you must have filed an internal complaint with the platform: the full sequence is set out below, under “How to exercise it”.

When you can skip the internal complaint

  • The platform has not answered your complaint for more than 30 days.
  • The internal complaint is clearly ineffective.
  • The situation is urgent (for example a serious financial loss).

Disputes covered by ADR

Content moderation decisions

  • Removal of posts, videos, comments.
  • Restricted visibility.

Suspensions and bans

  • Temporarily suspended accounts.
  • Permanent bans.

Demonetisation

  • YouTube removes monetisation.
  • Professional creators lose income.

Shadowbans

  • Invisible restriction of visibility.
  • Engagement collapsing without explanation.

How to exercise it

  1. The platform takes a decision about you (content removal, ban).

  2. You file an internal complaint with the platform (Art. 20 DSA).

  3. The complaint is rejected or ignored.

  4. You turn to a certified ADR body (Art. 21 DSA).

  5. If ADR does not settle the dispute either, you can still go to court.

The information on this page is for general guidance and is not a substitute for legal advice.