On October 8, 2024, the Irish Digital Services Coordinator, Coimisiún na Meán, marked a pivotal moment in digital governance by certifying Appeals Centre Europe (ACE) as an out-of-court dispute settlement body under Article 21 of the Digital Services Act (DSA). This milestone sets the stage for transformative changes in how disputes are resolved in the digital sphere, particularly concerning content moderation and platform accountability.

In a thought-provoking analysis, Lorenzo Gradoni of the Luxembourg Centre for European Law (LCEL) and Pietro Ortolani, a member of the Digital Legal Lab and professor at Radboud University, delve into the implications of this certification. Their insights highlight how ACE’s recognition could reshape the out-of-court dispute settlement (ODS) landscape, presenting it as a potential “game-changer” under the DSA.

The analysis provides a detailed examination of the complex relationships between ACE, Meta, and the Oversight Board, with a focus on the Irish Digital Services Coordinator’s interpretation of Article 21. Particular attention is given to the requirement of independence from platform service providers, a cornerstone for ensuring fairness and credibility in dispute resolution mechanisms—especially in the context of the significant influence wielded by major tech companies like Meta.

The discussion goes beyond analyzing the current implications, offering predictions about the future of the out-of-court dispute settlement (ODS) ecosystem. It highlights the potential for entities like ACE to set new standards for dispute resolution practices. However, the analysis cautions against allowing private actors to dominate this space, emphasizing the urgent need for greater involvement from public and academic institutions to maintain balance, accountability, and public trust.