Guidelines for disagreeing with a provider's decision

Disagreement with a decision made by a provider, including matters related to account termination, content removal, or moderation decisions, does not fall within the scope of Article 53 of the DSA.

However, DSA provides you with options for appeal when you disagree with the restrictions that the provider has imposed on your posted content or on your account.

You may file a complaint with the provider if they have imposed any of the following restrictions because you have posted content that is illegal or in violation of the terms of service:

• Removal/restriction of access to your posted content or disabling of access to it.
• Full/partial suspension or termination of service provision.
• Suspension/deletion of your account.
• Suspension/Termination/Limitation of your ability to receive payment for content.

The provider must have an easy-to-use ‘complaint handling system’ in place in accordance with Article 20 of the Act, which should allow you to submit a complaint with the necessary information electronically and free of charge. This obligation does not apply to providers of intermediation services that meet the criteria for micro or small enterprises as defined in Recommendation 2003/361/EC.

You have the right to submit a complaint to the provider within 6 months of the date of the decision to impose a restriction. The provider must inform you without undue delay about:

• the decision taken on your complaint, with the relevant justification,
• the possibility of out-of-court dispute resolution and other available means of redress.

Here are some steps you can follow:

1. Review the provider’s policies: Start by reviewing the provider’s general terms and conditions or community guidelines. Understanding their policies can provide clarity on the reasoning behind the provider’s decision.
2. Use the provider’s internal complaint mechanism: Under the DSA, some providers (including all online marketplaces and social media platforms) are required to have an effective and fair internal complaint mechanism in place. Look for options on the platform such as “Appeal”, “Dispute” or “Help” to submit your issue. When submitting your complaint, provide a clear explanation of your disagreement and any evidence to support your case. This mechanism is designed to offer consumers a way to challenge decisions and seek solutions in a fair and timely manner.
3. Explore out-of-court dispute settlement options: If your issue remains unresolved after you have used the provider’s internal complaint mechanism, you may want to consider alternative dispute resolution options, such as mediation or arbitration, if offered by the provider.
4. Seek legal advice: For matters that significantly affect you and where you believe your rights under the DSA or other laws have been violated, it may be appropriate to seek legal advice. Legal professionals can provide guidance on your rights and possible avenues for protection.