How can traders prepare for the new changes in the ADR Directive in 2026?
Amendments to the ADR Directive are expected, which will affect national legislation in 2026. The revised ADR Directive introduces the principle of “an obligation to respond, even without participating.” This does not imply mandatory participation in the procedure, but it does set a minimum standard of fair and responsible conduct on the part of traders.
To be fully prepared for the new ADR regime coming into effect in 2026, traders can take several relatively simple but important steps:
Audit General Terms and Contracts
It’s advisable to review all general terms and contracts for existing ADR clauses, check if they are present, which ADR body they refer to, and how they are worded. Update them if necessary to align with the upcoming legal requirements.
Map Out Relevant ADR Bodies
Traders should become familiar with the available national ADR bodies, both general and sector-specific, that can handle disputes in their industry.
If the trader sells goods or services to consumers in other EU member states, they should also check which cross-border ADR bodies they can collaborate with. NAIS is one such cross-border ADR center.
It may also be useful to explore options for partnering with ADR bodies that handle disputes with traders from third countries, especially if the trader operates as an intermediary.
Internal Procedure: “How We Handle an ADR Letter”
Developing a step-by-step internal protocol can help streamline responses to ADR communications. Define who receives the letter, who analyzes the case, how the decision to participate or refuse is made, and who signs off on the reply.
Consider adding timelines and backup contacts in case the main ADR contact person is on leave.
Train the Customer Service Team
It’s important for customer service staff to recognize letters from ADR bodies. These emails often land in general inboxes and may go unnoticed.
In our experience, calls to customer service lines are often handled by staff who either dismiss or ignore the information we provide.
These staff members need to understand that ADR complaints have deadlines and consequences—and that the email they’re reading is not “just another customer complaint.”
Coordinate with Legal Advisors
Company lawyers should inform the business team about the new legal framework and help define in advance when to participate in ADR and when not to.
It’s also useful to prepare response templates with well-aligned legal language for different scenarios.
Why Is It Wise for Traders to Respond to Complaints?
From a legal standpoint, there may be cases where a formal obligation to reply doesn’t apply. However, in practice:
- An unanswered letter from an ADR body can be seen as a sign of poor cooperation by regulators or courts
- The consumer will still be notified if the trader refuses to participate, this can damage reputation
- Disputes are often more cost-effective to resolve early, before they escalate to court
That’s why the most realistic approach is for traders to build the habit of always responding.