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Home - European Commission
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 1. European Commission
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 3. Consumers
 4. Resolve your consumer complaint


ONLINE DISPUTE RESOLUTION

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Informative message

Dear user,
for security reasons all commission IT services will have to implement
multi-factor authentication (MFA).
This means that as of 01 November you would need to use your phone (MFA by SMS),
your smartphone (EU Login App, available from Google Play and App store) or a
security key (Yubikey, Fido2key, U2F, etc).
For more details, please follow this link
https://webgate.ec.europa.eu/cas/manuals/EU_Login_Tutorial.pdf .

Page Contents
 
1. Introduction
2. Why and how do we process your personal data?
3. On what legal ground(s) do we process your personal data
4. Which personal data do we collect and further process?
5. How long do we keep your personal data?
6. How do we protect and safeguard your personal data?
7. Who has access to your personal data and to whom is it disclosed?
8. What are your rights and how can you exercise them?
9. Contact information
10. Where to find more detailed information?


PRIVACY STATEMENT IF I'M A TRADER



PROTECTION OF YOUR PERSONAL DATA

 * 1. Introduction

   The European Commission (hereafter ‘the Commission’) is committed to protect
   your personal data and to respect your privacy. The Commission collects and
   further processes personal data pursuant to Regulation (EU) 2018/1725 of the
   European Parliament and of the Council of 23 October 2018 on the protection
   of natural persons with regard to the processing of personal data by the
   Union institutions, bodies, offices and agencies and on the free movement of
   such data (repealing Regulation (EC) No 45/2001).

   This privacy statement explains the reason for the processing of your
   personal data, the way we collect, handle and ensure protection of all
   personal data provided, how that information is used and what rights you have
   in relation to your personal data. It also specifies the contact details of
   the responsible Data Controller with whom you may exercise your rights, the
   Data Protection Officer and the European Data Protection Supervisor.

   This statement is addressed to you and your representative if you are a
   trader registered on the ODR platform. A separate specific privacy statement
   for consumers is available as well.

   The information in relation to processing operation “ODR Platform: Online
   Dispute Resolution” on the European Online Dispute Resolution Platform for
   the resolution of consumer disputes related to online purchases undertaken by
   Unit E3 “Consumer Enforcement and Redress” of the Directorate-General Justice
   and Consumers is presented below.

 * 2. Why and how do we process your personal data?

   Purpose of the processing operation: The Unit E3 “Consumer Enforcement and
   Redress” within the Consumer Directorate of the Directorate General for
   Justice and Consumers collects and uses your personal information for two
   reasons:

    * To authenticate you as an authorised user and therefore grant you access
      to your cases (disputes/complaints/drafts) on the ODR platform through
      your personal dashboard;
    * If you have purchased a good or service online, to complain to and access
      an alternative dispute resolution body registered on the ODR platform as
      established by the Regulation (EU) No. 524/2013 on online dispute
      resolution for consumer disputes.

   Your personal data will not be used for an automated decision-making
   including profiling.

   
   
 * 3. On what legal ground(s) do we process your personal data

   We process your personal data, because processing is necessary for compliance
   with a legal obligation to which the controller is subject under the
   Regulation (EU) No. 524/2013 on online dispute resolution for consumers
   disputes.

   The dispute resolution procedure on the platform is an example of "joint
   controllership", where the responsibility for ensuring data protection is
   allocated between the Commission, the ADR entities and ODR advisors as
   clarified in Article 12 of the ODR Regulation. Where ADR entities and ODR
   contact points decide to keep some data related to disputes handled on the
   platform in national files outside of the ODR platform, the Regulation (EU)
   2016/679 on the protection of natural persons with regard to the processing
   of personal data on the free movement of such data (GDPR) will apply, if such
   processing takes place outside the platform.

 * 4. Which personal data do we collect and further process?

   In order to carry out this processing operation, the European Commission
   collects the following categories of personal data:

   
   
    * Your name and first name;
    * Your e-mail address;
    * The languages that you speak.

   
   

   This data is processed when you create your account to register on the ODR
   platform. It is collected and stored in EU Login, which is the authentication
   system developed by the European Commission for its different IT-systems,
   including the ODR platform.

   
   

   You will need to finalise your registration on the platform as a trader
   (create an organisation) by adding the following data categories:

   
   
    * Your corporate name;
    * Your contact details (e-mail address, phone number and geographic address
      (street, street number, postal code, country);
    * Your website address.

   
   

   You can add several users to handle cases on the ODR platform on behalf of
   your organisation. Each user will need to create an EU login account, and his
   or her personal data will be processed as mentioned
   above.                                

   
   

   Your data may be collected and processed directly on the ODR platform even if
   you are not registered, in case a consumer submits a complaint against you:

   
   

   The personal data collected through the electronic complaint form is
   determined by Regulation (EU) No 524/2013 on online dispute resolution of
   consumer disputes:

   
   
    * Your corporate name;
    * Your contact details: e-mail address, phone number and geographic address
      (street, street number, postal code, country);
    * Your website.

   
   

   If you are already registered on the platform, this data will be taken from
   your registration account and displayed to the users who are looking up the
   name of your company in the complaint form. 

   
   

   Personal data may also be contained in the documents that you may decide to
   attach to your complaint or that you may be invited to provide by the dispute
   resolution body during the dispute resolution procedure. There may also be
   personal data in the documents that are provided by the other party of the
   dispute.

   
   

   The consumer may choose to share the details in the draft complaint form with
   you, before officially submitting the complaint, to see if a direct solution
   to the dispute is possible (direct talks). If you chose to reply to the
   consumer’s request for direct talks, the abovementioned data will also be
   processed by the ODR platform.

   
   

   The ODR platform will always notify you about a complaint or a request for
   direct talks that concerns your company. If you are not yet registered as a
   trader, you will receive a link where you could see limited details about
   this dispute (without consumer’s personal data). To see all the details
   encoded by the consumer and his/her personal data, you will need to complete
   your registration as a trader (create an organisation).  

   
   

   The provision of personal data is mandatory to meet a statutory requirement
   under Regulation (EU) No 524/2013. If you do not provide your personal data,
   you will not be able to respond to the consumer complaint or request for
   direct talks, or visualise all the data encoded by the consumer in this
   complaint or request.

   
   

   In some countries a trader is allowed to use an alternative dispute
   resolution body to complain against a consumer. If the national legislation
   of the country consumer lives in allows such a complaint, you will still need
   to register on the platform to submit it, and the ODR platform will process
   your data as described above.

   
   
 * 5. How long do we keep your personal data?

   The Directorate General for Justice and Consumers only keeps your personal
   data for the time necessary to fulfil the purpose of collection or further
   processing, namely as long as your case remains open on the platform, and six
   months after the closure of your case. Following that period, your data will
   be automatically deleted by the system.

   Your case is closed if you or the consumer decide to discontinue the
   procedure on the platform at any time, if you reached an outcome by the
   dispute resolution body, or if the dispute resolution body could not accept
   your complaint.

   Your case may also be automatically closed by the system if you and the
   consumer did not agree on the alternative dispute resolution body within 30
   days.

   If the consumer chose to share this draft with you to try to find the
   solution bilaterally (direct talks), the system will give you 90 days to
   reach a solution, and will delete your data six months after this period, or
   six months after you have reached the solution, whichever is the earliest. 
     

   Draft complaint forms that are neither shared nor submitted will be
   automatically deleted by the system six months after they are created.

   For the data processed in EU Login, the authentication system used for your
   registration on the platform, please refer to the EU Login privacy statement:

   Https://ecas.ec.europa.eu/cas/privacyStatement.html

 * 6. How do we protect and safeguard your personal data?

   All personal data in electronic format (e-mails, documents, databases,
   uploaded batches of data, etc.) are stored on the servers of the European
   Commission. All processing operations are carried out pursuant to the
   Commission Decision (EU, Euratom) 2017/46 of 10 January 2017 on the security
   of communication and information systems in the European Commission.

   In order to protect your personal data, the Commission has put in place a
   number of technical and organisational measures. Technical measures include
   appropriate actions to address online security, risk of data loss, alteration
   of data or unauthorised access, taking into consideration the risk presented
   by the processing and the nature of the personal data being processed.
   Organisational measures include restricting access to the personal data
   solely to authorised persons with a legitimate need to know for the purposes
   of this processing operation.

   Please note that a dispute resolution body that handles your dispute or a
   national contact point you ask for assistance may decide to keep the data
   related to your dispute outside the ODR platform. In this case, the
   Regulation (EU) 2016/679 on the protection of natural persons with regard to
   the processing of personal data and on the free movement of such data (GDRP)
   will apply. You can always find the contact details of the alternative
   dispute resolution bodies and the ODR contact points on the ODR platform.

 * 7. Who has access to your personal data and to whom is it disclosed?

   Access to your personal data is provided to the Commission staff responsible
   for carrying out this processing operation and to authorised staff according
   to the “need to know” principle. Such staff abide by statutory, and when
   required, additional confidentiality agreements. The Commission is only
   allowed to access this data to monitor the functioning and performance of the
   ODR platform.

   The consumer will only have access to the data you enter in the dispute with
   this consumer.

   The national contact point will only have access to your contact data if you
   or the consumer you have a dispute with asked for the assistance on a
   particular case (and only to the data you encoded in this particular case).

   The alternative dispute resolution entity will only have access to the data
   in the case this dispute resolution body is handling, following an agreement
   between your consumer and yourself.

 * 8. What are your rights and how can you exercise them?

   You have specific rights as a ‘data subject’ under Chapter III (Articles
   14-25) of Regulation (EU) 2018/1725, in particular the right to access your
   personal data and to rectify them in case your personal data are inaccurate
   or incomplete. Where applicable, you have the right to erase your personal
   data, to restrict the processing of your personal data, to object to the
   processing, and the right to data portability.

   
   

   You can exercise your rights by contacting the Data Controller, or in case of
   conflict the Data Protection Officer. If necessary, you can also address the
   European Data Protection Supervisor. Their contact information is given under
   Heading 9 below.

   Where you wish to exercise your rights in the context of one or several
   specific processing operations, please provide their description (i.e. their
   Record reference(s) as specified under Heading 10 below) in your request.

 * 9. Contact information
    * The Data Controller

   If you would like to exercise your rights under Regulation (EU) 2018/1725, or
   if you have comments, questions or concerns, or if you would like to submit a
   complaint regarding the collection and use of your personal data, please feel
   free to contact the Data Controller:

   Unit E3 “Consumer Enforcement and Redress”, Consumer Directorate,
   Directorate-General Justice and Consumers

   E-mail: JUST-E3@ec.europa.eu

   If your dispute has reached the alternative dispute resolution body, and you
   have a request on the data in your dispute file that you cannot change on the
   platform, please address the dispute resolution body directly. 

    * The Data Protection Officer (DPO) of the Commission

   You may contact the Data Protection Officer
   (DATA-PROTECTION-OFFICER@ec.europa.eu) with regard to issues related to the
   processing of your personal data under Regulation (EU) 2018/1725.

   
   
    * The European Data Protection Supervisor (EDPS)

   
   

   You have the right to have recourse (i.e. you can lodge a complaint) to the
   European Data Protection Supervisor (edps@edps.europa.eu) if you consider
   that your rights under Regulation (EU) 2018/1725 have been infringed as a
   result of the processing of your personal data by the Data Controller.

 * 10. Where to find more detailed information?

   The Commission Data Protection Officer (DPO) publishes the register of all
   processing operations on personal data by the Commission, which have been
   documented and notified to him. You may access the register via the following
   link: http://ec.europa.eu/dpo-register.

   This specific processing operation has been included in the DPO’s public
   register with the following Record reference: DPR-EC-01407



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LEGISLATION

This site was created in response to specific EU legislation.

 * Regulation on online dispute resolution for consumers
 * Directive on alternative dispute resolution for consumers