Introduction

The European Union Regulation 2019/1150 on promoting fairness and transparency for business users of online intermediation services (“P2B”) sets out the first-ever set of rules creating a fair, transparent and predictable business environment for businesses and traders who use online intermediation service providers (“Platforms”) to reach their customers.

Online intermediation service providers or Platforms provide an online marketplace where business users sell their goods or services to end users.  This includes search engines, app stores and market places.

The P2B Regulation sets forth a number of requirements, including the requirement for Platforms to name at least two mediators that the Platform is willing to engage in a dispute.  The CEDR P2B panel is named in a number of Platforms' terms & conditions.  CEDR is Europe’s leading provider of Alternative Dispute Resolution Services and we provide impartial and independent mediators to business users and Platforms to resolve their disputes through the use of mediation.

 

Frequently Asked Questions (FAQs)

Please view the accordions below for further information on how the CEDR P2B Scheme works. 

The P2B Regulation sets out a number of requirements for Platforms.  For further information on the general scope of P2B, please see the EU Key Documents below.

As Europe’s leading provider of mediation services, CEDR is focused on the mediation requirements set out within P2B.  P2B recognises that mediation can offer Platforms and their business users “a means to resolve disputes in a satisfactory manner, without having to use judicial proceedings which can be lengthy and costly”.

Mediation under P2B is a voluntary process and the parties are fee to stop the mediation process at any time.  Notwithstanding the voluntary nature of mediation, P2B requires Platforms to examine in good faith requests from business users to engage in mediation under P2B.

Are you P2B Ready? 
We teamed up with International Law Firm Baker McKenzie to discuss all aspects of the P2B EU Regulation, including: threshold criteria, implications for business, difficult questions facing platforms and the role of complaints management and mediation. Listen to this podcast here

In order for Platforms to be in scope for P2B, the Platform must offer services to business users who have their place of establishment or residence in the EU (or UK post-Brexit); and through the platform the business user must offer goods or services to consumers located in the EU (or UK post-Brexit).

Although the compliance deadline for P2B is 12 July 2020, P2B came into force in July 2019.  As a result, it was part of the body of law which was incorporated into the domestic law of the United Kingdom through the European Union (Withdrawal) Act 2018.

Business Users should check the terms and conditions governing their relationship with the Platform to see if CEDR or the CEDR P2B Panel are named.  If so, please find further details of our P2B Mediation Services here.

If you cannot find named mediators in your Terms & Conditions, speak to your Platform about using CEDR’s P2B Services.

Mediation under the P2B Regulation is as set out in Directive 2008/52/EC, which is defined as any structured process, whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute, with the assistance of a mediator.

A mediator is any third person who is asked to conduct a mediation, in an effective, impartial and competent way. In addition to acting in an independent and impartial manner, P2B mediators must also:

  • provide their services at an affordable and proportionate cost;
  • be easily accessible either remotely or in person;
  • and, act without undue delay

For further information on what to expect from a mediation under the CEDR P2B Scheme and how mediation works, view the video about mediation hosted by CEDR co-founder and Principal Mediator, Eileen Carroll QC (Hon) here.

CEDR’s P2B Mediation panel are experienced in mediating business-to-business disputes and cover many areas of expertise including intellectual property, data security, confidentiality and contractual disputes. 

For further information on our Service please see our P2B Mediation Service page.

 

Yes, P2B continues to apply in the UK post-Brexit.  The P2B Regulation came into force in the Summer of 2019, in advance of the UK’s exit from the EU.  As a result, it was incorporated into domestic law by virtue of the European Union (Withdrawal) Act 2018.  As a result it will continue to apply in the UK, unless it is repealed or replaced by domestic legislation. 

CEDR P2B Schemes

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