P2B Regulation: AGCOM best practices on the mediation requirement

AGCOM has released new best practices to guide, among others, online platforms and marketplaces in complying with the mediation requirements of the P2B Regulation (EU Regulation 1150/2019). These practices are aimed at online intermediary service providers, excluding small businesses, and were published on June 26, 2024.

Key best practices advised by AGCOM:

• Where possible, the references necessary to identify and activate contact with mediators should be made available (e.g., name, e-mail address, telephone number, link to the mediators' website or app);
  
• where possible, the mediators chosen should belong to separate mediation organisations;
  
• mediators must be able to provide the services using the same language in which the T&Cs are drafted;
  
• information should be made available on how business users can propose to use a different/additional mediator of their choice than those mentioned in the T&Cs;
  
• information on mediators must be placed in a section of the website/app that is easily recognisable and reachable with a few clicks from the homepage and/or in any case in a place on the website/app where the business user expects to find them in an immediate and intuitive manner;
  
• information on mediators should be provided on a separate page/section devoted exclusively to out-of-court dispute resolution instruments;
  
• the business user should be informed of the costs associated with mediation (also by referring to the mediators' website or app) and of the allocation of costs in line with the P2B Regulation;
  
• Information on how to initiate contact with the mediator, how mediation works, should be indicated in the T&Cs.

This is in addition to the provisions outlined in EU Regulation 2022/2065 on digital services, known as the Digital Services Act (DSA), which details out-of-court dispute resolution mechanisms for online platforms and to AGCOM’s previously issued guidelines for the effective application of the P2B Regulation, as specified in Resolutions 156/22/CONS and 406/22/CONS.

Recommendations for Online Intermediary Service Providers

Online platforms and intermediation service providers, among others, should adopt these best practices to ensure compliance with the P2B Regulation on mediation information for business users.

Looking ahead, AGCOM plans to release additional best practices concerning the ranking of commercial users on online platforms. 

Our firm is ready to provide updates on these new publications and assist with implementing the related guidelines.

For further assistance or updates on these best practices, please contact us.