In short. DSA Article 21 lets affected platform users seek certified out-of-court review, requiring good-faith engagement while preserving access to courts.
Definition: Article 21 of the EU Digital Services Act (DSA) lets users affected by specified platform moderation decisions seek review by a certified out-of-court dispute settlement body, an independent organisation approved to handle those disputes. Both parties must engage in good faith, and the body’s settlement is non-binding.
Key facts
- Article 21(1) of the Digital Services Act includes individuals and entities that submit notices, alongside users affected by moderation restrictions.
- As of 17 October 2026, the European Commission’s certified-body directory permits selection of a body in another EU country when its expertise and working language cover the dispute.
- The Commission’s user-rights guidance identifies Article 53 as a route for complaining to a national Digital Services Coordinator about a suspected DSA breach.
Which moderation decisions qualify?
Article 21(1) refers to the decisions listed in Article 20(1) of the DSA. These concern action on a notice, or decisions about removing content, disabling access, restricting visibility, suspending services or accounts, and restricting monetisation because information is illegal or incompatible with platform terms. The list covers decisions whether or not to take those measures.
A rejected illegal-content notice can therefore fall within this route. Article 21(1) expressly includes complaints left unresolved by the platform’s internal complaint-handling system.
Article 19 exempts providers qualifying as micro or small enterprises from this section’s duties, subject to its exceptions. Article 19(2) applies the section to providers designated as very large online platforms regardless of that enterprise status.
What must the platform and user do?
Article 21(2) of the DSA requires both parties to engage in good faith with the selected certified body to resolve the dispute. A platform may refuse engagement if a dispute concerning the same information and the same grounds of alleged illegality or content incompatibility has already been resolved.
Under Article 21(1), platforms must make information about access to this procedure clear, user-friendly and easily accessible on their online interface. Article 21(2) gives the body no power to impose a binding settlement. Article 21(1) preserves the user’s right to contest the platform decision in court at any stage.
Who certifies the body, and how is one selected?
A Digital Services Coordinator is the national authority responsible for certifying these bodies. Under Article 21(3) of the DSA, the coordinator in the body’s country of establishment certifies it for a renewable period of up to five years.
Certification requires independence, including financial independence, from platforms and users. It also requires relevant expertise, members’ remuneration independent of the outcome, online submission of complaints and supporting documents, and publicly accessible procedural rules.
The Commission’s directory records certified bodies’ areas of expertise and languages. It directs readers to each body’s website and rules of procedure for its operating scope.
What are the deadlines and costs?
Article 21(4) of the DSA requires the body to make its decision available to the parties within a reasonable period, no later than 90 calendar days after receipt of the complaint. Highly complex disputes allow an extension of up to 90 further days, giving a maximum total of 180 days.
Article 21(5) makes settlement free or available at a nominal fee for users. If the user succeeds, the platform pays the body’s fees and reimburses the user’s other reasonable dispute-settlement expenses. If the platform succeeds, the user owes no reimbursement of its fees or expenses unless the body finds manifest bad faith. The body must disclose fees or their calculation mechanism before the procedure begins.
Related terms
- When must an online platform provide internal content complaints?
- Which DSA platform duties have a microenterprise exemption?
- What explanation must a host give when removing a user's content?
FAQ
Must I finish the platform’s internal appeal first?
Recital 59 of the DSA preserves your choice between the internal complaint mechanism, out-of-court settlement and judicial proceedings. Article 21(1) includes unresolved internal complaints within the out-of-court route.
Can a business use this procedure?
Yes. Article 3(b) of the same regulation defines a service recipient to include a legal person using an intermediary service. Article 21(1) expressly includes entities that submit notices and are addressed by the relevant decisions.
Sources
- European Parliament and Council, "Regulation (EU) 2022/2065 (Digital Services Act)", 27 October 2022
- European Commission, "Out-of-court dispute settlement bodies under the Digital Services Act (DSA)", updated 11 September 2026
- European Commission, "User rights under the Digital Services Act", updated 17 July 2026
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