Online shopping and complaints, more protection for European consumers

Alternative dispute resolution more accessible and simplified, but above all adapted to digital markets, with the entry of artificial intelligence. These are the new features introduced by Directive (EU) 2025/2647 amending the 2013/11 Alternative Dispute Resolution (ADR) for consumers, as well as Directives 2015/2302, 2019/2161 and 2020/1828 following the discontinuation of the European Online Dispute Resolution (ODR) platform. The text was published in the Official Journal of the European Union.

The new directive also marks a turning point in terms of strengthening the automated means used in the decision-making process, while respecting obligations such as informing the parties in advance and protecting the right of data subjects to 'request that the outcome of the Adr procedure be reviewed by a natural person of the Adr organisation', in line with the requirements set out in Article 6.

Noting the increase in disputes in particular cross-border disputes due to the increase in online shopping, the Union has set its sights on a redesign to make it easier to use dispute resolution systems other than access to a national court, taking into account that according to the European consumer scoreboard, 25% of consumers encounter a problem that should lead to the filing of a complaint, but one third do not go to formal legal action because of costs and red tape, which take off in the case of cross-border disputes. Thus, at the Commission's proposal, taking into account the regulatory framework now unsuited to the times and dating back to 2013, the Adr rules were modernised.

Among the novelties is the broadening of the scope of implementation because the directive will be applicable to domestic, cross-border and third-country disputes with third-country professionals if the consumer is resident in the Union, even in the case of obligations arising at the pre-contractual or post-contractual stage. Not only that. Space for digital linked to the transfer of the use of data: the directive will be applicable where the trader provides or undertakes to provide digital content through a non-material medium or digital services to the consumer where the latter "undertakes to provide personal data to the trader".

The Union also calls on Member States to take measures to 'push' traders to adhere to alternative procedures especially in commercial sectors where consumers often complain, such as transportation and tourism.