Study to assess Out-of-Court Dispute Settlement (ODS) bodies under Article 21 of the Regulation (EU) 2022/2065 (Digital Services Act)

The European Commission is planning to initiate a procurement procedure for a study focused on assessing Out-of-Court Dispute Settlement (ODS) bodies under Article 21 of the Digital Services Act (DSA). This initiative aims to enhance user redress mechanisms beyond internal complaint systems and judicial processes by establishing certified ODS bodies that provide neutral venues for resolving content moderation disputes with online platforms. The study will analyze the cooperation challenges between ODS bodies and online platforms, addressing legal and practical barriers related to content moderation. Topics will include admissibility of cases, information exchange, and technical interoperability. The study intends to generate actionable recommendations for improving the ODS process, thereby supporting the European Commission and its supervisory roles. With a maximum budget of €60,000, the contract duration is set for 6 months. The procedure is categorized as a planned negotiated process, with the start date for expressions of interest on July 18, 2025, and the deadline set for August 4, 2025. The indicative launch of the negotiated procedure is also on August 4, 2025. Eligible applicants are likely to include legal entities with expertise in digital services and dispute resolution, such as research institutes, consultancy firms, or academic organizations, though specific eligibility criteria are not explicitly stated. Geographic eligibility is presumed to encompass entities from EU member states, given the context of the DSA. This is a pre-information notice rather than a formal call for tenders, signaling an upcoming opportunity for interested parties to prepare for tender submissions. Interested entities are encouraged to express their interest electronically, while the study's findings will contribute to enhancing the regulatory environment and user trust in digital services.

This is a pre-information notice, announcing the European Commission's intention to publish a future negotiated procedure for a low or middle value contract. This is not a call for tenders.

The procedure identifier is EC-CNECT/2025/LVP/0078-EXA.

The title of the planned call for tenders is "Study to assess Out-of-Court Dispute Settlement (ODS) bodies under Article 21 of the Regulation (EU) 2022/2065 (Digital Services Act)".

The description of the study is as follows:The Digital Services Act (DSA) introduces certified out-of-court dispute settlement (ODS) bodies under Article 21 to enhance user redress mechanisms beyond internal complaint systems and judicial proceedings. These bodies offer users a neutral and independent forum for resolving disputes related to content moderation decisions by online platforms. Recognising the novelty and complexity of this mechanism, this study is dedicated to supporting the implementation of Article 21 by analysing cooperation between certified ODS bodies and online platforms. It will address both practical and legal challenges, including the assessment of case admissibility, information exchange, technical constraints, and financial considerations. By examining current practices and gathering feedback from stakeholders, the study aims to develop actionable recommendations to improve the ODS process. The study’s findings will support the European Commission, the Digital Services Coordinators, and the European Board for Digital Services in their supervision and enforcement roles. Special attention will be given to challenges faced during the post-certification phase, drawing from experiences across Member States and a range of platform types and ODS bodies. The study will not only focus on legal obligations and procedural fairness but also on technical interoperability and case management models. Ultimately, it aims to foster more transparent and effective cooperation between platforms and ODS bodies, promote fairer content moderation, and reinforce user trust in digital services.

The maximum value of the procurement is €60,000, and the contract duration is 6 months. The procedure type is a planned negotiated procedure for a middle/low value contract.

The lead contracting authority is the European Commission, DG CNECT Communications Networks, Content and Technology.

The main classification (CPV) code is 73000000 Research and development services and related consultancy services. The nature of the contract is for services. There is no framework agreement.

The start date for expression of interest is 2025-07-18 Europe/Brussels. The deadline for expression of interest is 04/08/2025 04:59 Europe/Brussels. The indicative date of launch of the negotiated procedure is 2025-08-04 Europe/Brussels.

Submissions must be sent exclusively at the address for submission given below. The method of expression of interest is electronic. The address for expression of interest is "Express interest".

A question and answer section is available.

A frequently asked question is:Where can I find the procurement documents for calls for tenders with ‘ExA' in the reference? The answer is: References that feature an ‘ExA’ are not calls for tenders. They are a publication announcing the contracting authority’s intent to launch in the future a low or middle negotiated procedure. This was published on 03/10/2024 16:32.

In summary, the European Commission, DG CNECT, plans to launch a negotiated procedure for a low or middle value contract to conduct a study on Out-of-Court Dispute Settlement (ODS) bodies under the Digital Services Act (DSA). The study aims to analyze the cooperation between certified ODS bodies and online platforms, addressing practical and legal challenges to improve the ODS process. The maximum contract value is €60,000, with a duration of 6 months. The expression of interest period begins on July 18, 2025, and ends on August 4, 2025. The indicative launch date for the negotiated procedure is August 4, 2025. This announcement is not a call for tenders, but a pre-information notice to alert potential bidders of the upcoming opportunity.

Eligible Applicant Types:The eligible applicant types are not explicitly stated in the provided text. However, given the nature of the study and the contracting authority (European Commission, DG CNECT), it is likely that eligible applicants could include research institutes, consultancy firms, universities, and other organizations with expertise in digital services, law, and dispute resolution.

Funding Type:The funding type is a service contract, specifically a planned negotiated procedure for a middle/low value contract. This is indicated by the phrase "planned call for tenders" and the "Nature of the contract: services."

Consortium Requirement:The text does not explicitly state whether a consortium is required or if a single applicant is sufficient. It is possible that both single applicants and consortia are eligible.

Beneficiary Scope (Geographic Eligibility):The geographic eligibility is not explicitly mentioned. However, since the contracting authority is the European Commission and the study relates to the Digital Services Act (DSA), it is highly likely that the beneficiary scope includes the EU member states.

Target Sector:The target sector is ICT, specifically related to the Digital Services Act (DSA), out-of-court dispute settlement (ODS) bodies, content moderation, and online platforms. It also touches upon legal and regulatory aspects of digital services.

Mentioned Countries:No specific countries are mentioned, but the context of the Digital Services Act implies that the scope is within the European Union.

Project Stage:The project stage is research, as the opportunity is for a study to assess Out-of-Court Dispute Settlement (ODS) bodies. The study aims to analyze cooperation between ODS bodies and online platforms, address practical and legal challenges, and develop actionable recommendations.

Funding Amount:The maximum value of the procurement is €60,000. This falls into the under €50K to €200K range.

Application Type:The application type is a planned negotiated procedure. The first step is to express interest electronically.

Nature of Support:The beneficiaries will receive money in exchange for services rendered, specifically the completion of the study.

Application Stages:There are at least two stages: expressing interest and then participating in the negotiated procedure.

Success Rates:The success rates are not mentioned. As this is a negotiated procedure, the success rate will depend on the number of candidates invited to negotiate and the quality of their offers.

Co-funding Requirement:The text does not explicitly mention a co-funding requirement.

Summary:

This opportunity is a planned call for tenders by the European Commission, DG CNECT, for a study to assess Out-of-Court Dispute Settlement (ODS) bodies under Article 21 of the Digital Services Act (DSA). The study aims to analyze cooperation between certified ODS bodies and online platforms, addressing practical and legal challenges related to content moderation decisions. The maximum contract value is €60,000, and the contract duration is 6 months. The procedure type is a planned negotiated procedure for a middle/low value contract. The indicative start date for expression of interest is 2025-07-18, with a deadline of 2025-08-04. The indicative date of launch of the negotiated procedure is 2025-08-04. Interested parties must express their interest electronically. The study's findings will support the European Commission, the Digital Services Coordinators, and the European Board for Digital Services in their supervision and enforcement roles under the DSA. The study will focus on legal obligations, procedural fairness, technical interoperability, and case management models to promote fairer content moderation and reinforce user trust in digital services. The main classification (CPV) is 73000000 - Research and development services and related consultancy services. This is not a call for tenders but a publication announcing the contracting authority’s intention to publish a future negotiated low or middle value procedure.