Resumen de Encouraging online alternative dispute Resolution in the EU and beyond

Julia Hörnle

• The main focus of this article is to analyse the new proposed EU regime supporting and regulating online alternative dispute resolution (ADR) against the background of the existing mechanisms for the resolution of cross-border disputes through ADR (and in particular through the network of European Consumer Centres (ECCs)). However, this examination would be incomplete without the context of the proposals for online dispute resolution (ODR) at the United Nations Commission for International Trade Law (UNCITRAL), which this article will discuss first. By comparing and contrasting the UNCITRAL proposals with those of the European Union, the differences in approach will become evident. This is crucial for understanding how ODR may function in the European Union. Finally, this article will pinpoint where and how the EU proposals should be improved, in particular as regards the potential for co-operation between public consumer protection authorities and private ADR bodies interacting through the ODR platform. The interesting question here is whether data protection law stands in the way of such co-operation, but, as this article argues, appropriate safeguards can overcome this barrier. Thus the article sets out a vision for ODR in the European Union. The main focus of this article is to evaluate the ODR Proposals and to assess their real contribution to the EU consumer acquis.