Creation of the Appeals Centre Europe: does the DSA offer an effective remedy?

Ireland has just certified the first out-of-court dispute resolution center compliant with the European Digital Services Act (DSA).

The Appeals Centre Europe promises to redefine the balance of power between digital giants and their users.

This is an opportunity to review the new provisions of the European Digital Services Act, the result of a genuine political will to finally regulate the decision-making processes of large platforms with regard to their users.

I. Regulation of decisions made by platforms.

On August 25, 2023, the European Digital Services Act (DSA) \\ [1 2022/2065 of the European Parliament and of the Council of October 19 (...)\")\\] entered into force for major platforms and search engines.

This notably concerns Facebook, LinkedIn, Instagram, Snapchat, X, and YouTube.

Through its article 20, the DSA for the first time regulates internal appeals against moderation decisions taken by these platforms.

A true revolution, considering how often these entities imposed decisions that were often incomprehensible to users.

As what is now called the '_Creator Economy_' grows in prominence, along with its economic stakes, it seemed crucial to regulate these decisions, the consequences of which can be dramatically impactful for creators.

Complaints must now be processed: "_in a timely, non-discriminatory, diligent, and non-arbitrary manner_."

Furthermore, the DSA imposes, and this is also a first, a genuine obligation for platforms to reverse their decisions when the alleged facts:

Are not incompatible with their general terms and conditions;

When the complainant's conduct does not justify the measure taken.

II. A new avenue of recourse for users.

But the DSA has proven even more ambitious, opening a new avenue of recourse for users.

Indeed, Article 21 of the DSA provides for the possibility of referring a dispute concerning platform decisions to an out-of-court dispute resolution body.

In line with the European Commission's approach, the current trend is towards decongesting courts and fostering alternative methods for resolving disputes of moderate stakes.

To this end, the user may at any time refer the matter to a certified out-of-court dispute resolution body.

The objective: to bring platforms and users closer together in a simplified manner, at a reasonable cost, before impartial experts.

Platforms will not be able to prevent such an appeal, and will have to comply with the procedure.

However, the decisions of this body will not be binding on the parties, which remains the exclusive preserve of the courts.

On the other hand, it is plausible that a decision favorable to the user will be acted upon by platforms, which will want to avoid potential judicial condemnation.

Indeed, it is highly probable that national judges will closely examine the decisions rendered by these bodies.

Furthermore, recourse to them seems risk-free for the user: if they win, the platform will have to reimburse their procedural costs; if they lose, they will not have to bear the costs incurred by the platform.

Conclusion.

Platforms are now regulated regarding their internal decision-making processes concerning their users.

Users benefit from genuine remedies, which must be processed not by algorithms, but by real human interveners, trained for the occasion.

The possibility of recourse to out-of-court dispute resolution bodies promises a new avenue offered to users, who often find themselves helpless in the face of platforms' silence or forced to resort to justice, a means often disproportionate.

It will be fundamental to observe the evolution of these new remedies, as the Appeals Centre Europe officially opens its doors at the end of 2024.