The changes to the ADR directive: what does the new duty to reply mean for online traders?
From 2026, all online traders in the EU will operate under stricter rules regarding consumer complaints. The amended Alternative Dispute Resolution (ADR) directive has already been agreed at the EU level and is expected to come into effect after transposition into national law.
The planned changes clarify that when an ADR body sends a complaint inquiry to a trader, the trader must respond within a set time, even if they do not wish to participate in the procedure.
Why is this important for online traders?
E-commerce is among the sectors with the most disputes:
- Delayed or damaged deliveries
- Issues with returns and refunds
- Automatically renewed subscriptions
- Digital products and access to content
Until now, some traders simply ignored emails from ADR bodies, especially in disputes with customers from other countries. The new directive aims to end this practice.
What’s new in scope?
- The directive expands the types of disputes that can reach ADR:
Cases from the pre-contractual phase, before a deal is concluded. For example, if a trader provides misleading information about a product in their online store, their customers can file a complaint with an ADR body. - Contracts where the consumer "pays" with personal data instead of money. If a consumer subscribes for a free online media subscription, they likely provided their personal data. This is considered a transaction, and if the consumer is dissatisfied with the service, they can file a complaint with the ADR body against the trader who provided the subscription in exchange for their personal data.
- Disputes related to digital content and digital services. Although they do not have the physical nature of goods, digital content can also be subject to dispute resolution through ADR. This change affects online stores with digital products, subscription-based platforms, and combined services (physical + digital components).
What does the duty to reply mean?
The new element is the so-called "duty to reply" requirement for traders in relation to complaints filed with ADR bodies.
This means:
- When an ADR body writes to a trader regarding a specific complaint, the trader must respond.
- Responding to a complaint is separate from whether the trader will participate in the ADR procedure.
- The trader can refuse participation but cannot remain silent.
Traders have the following deadlines to respond to complaints:
- 20 working days – standard period
- 30 working days – for more complex disputes
What counts as a "response"?
It is not mandatory for the trader to agree to participate in the ADR procedure to meet the requirement. A response is considered if, within the deadline:
- The trader confirms participation in the ADR procedure
- The trader sends a reasoned refusal to participate
- The trader requests additional information
- The trader describes what has already been done for the customer (e.g., refunded amount, replacement product sent, discount applied)
It is important that the response shows that the trader has received the complaint, reviewed the case, and has a clear position on the issue.
What happens if the trader stays silent and does not respond to a complaint?
If the trader fails to respond within the deadline:
- The ADR body may assume the trader refuses participation and terminate the procedure.
- The consumer will be informed that the trader is not cooperating.
- National legislation may provide for sanctions or other consequences in these cases, and the trader may be required to pay a fine.
In addition to legal risks, silence is also a reputational issue, especially in the online environment, where dissatisfied customers have easy access to social media and review platforms.
Exceptions to the duty to reply
There are cases where the duty to reply does not apply. This occurs when participation in ADR is already mandatory by law in a specific sector. Similar plans existed in the aviation sector, where airlines could be required to participate in ADR.
Another exception arises when the ADR body has the authority to make a decision without the trader's participation. In some countries like Estonia, ADR bodies can issue an opinion without the trader's involvement.
If a trader has already contractually committed to using a specific ADR body for resolving disputes related to their complaints, they are not obliged to respond to complaints filed with other bodies. However, it should be clear in the trader’s general terms and website which ADR body they are working with.
This, however, does not mean that it is a good practice for traders to ignore complaints. Practically, it is wiser to respond always, and exceptions should be used cautiously and with legal advice.
What should online traders do before 2026?
Traders can make several minimal changes to adequately prepare for the upcoming legislative changes:
- Create a dedicated email for ADR and complaints. This is the easiest channel for receiving complaints. It should be monitored daily by the customer service department.
- Establish an internal priority rule. Incoming letters from ADR bodies should be marked as urgent and answered promptly.
- Employees handling these letters should have clear instructions to not delete or leave complaints unanswered.
An example of good organization is appointing an employee who will be responsible for this activity – someone who coordinates information, prepares responses, and communicates with the legal team/owner/manager.
Developing response templates would also facilitate the process. These could include a template for participation in the ADR procedure, a template for a reasoned refusal to participate, and a template for when the trader has already resolved the dispute with the customer.
Along with their legal team, traders should review their general terms. If an ADR body has not been mentioned until now, it is good to reach out to one and mention them in the documents and on the website.
It would be extremely misleading and harmful if a trader promises automatic participation without actually doing so.
Preparing in this way will significantly reduce the need to react under pressure in 2026 when the new rules come into effect.