The obligation for traders to respond to complaints will come into effect in 2026
Changes are expected in the ADR Directive, which will affect national legislations in 2026. The new ADR Directive introduces the principle of "you must reply, even if you do not participate." This does not mean mandatory participation in the procedure, but it sets a minimum standard of fair conduct for traders.
What is the “duty to reply”?
The Directive states that:
- The trader must reply to a request from an ADR body that is dealing with a consumer complaint.
- This obligation is separate from the question whether ADR participation is voluntary or mandatory. The Directive explicitly clarifies that having to reply does not mean you are forced to take part in the full ADR procedure.
In other words, a trader may say “we decline to participate”, but cannot simply say nothing.
Deadlines for replying
The Directive sets standard reply periods:
- 20 working days in normal cases;
- 30 working days for complex disputes.
A dispute may be considered complex if there are many parties involved, large volumes of documentation or a need for specific technical expertise. National law and ADR practice will add more detail, but these time frames give a clear frame of reference.
What counts as a reply?
A reply does not equal consent to ADR. In practice, an adequate reply might contain:
- confirmation that the trader accepts to participate in ADR;
- a reasoned refusal to participate;
- a request for additional information;
- information on steps already taken with the consumer (offer of compensation, refund already paid, correction of the service, etc.).
The important point is that the reply shows the trader is aware of the complaint and has taken a position.
What happens if the trader does not reply?
If the trader does not reply within the 20/30 working days:
- the ADR body may assume that the trader refuses to participate and close the file;
- the consumer will be informed about this;
- further consequences can be set out in national law – for example administrative fines, inclusion in lists or reports, negative indicators for supervisory authorities.
Silence stops being a “neutral” behaviour. It can lead to both legal and reputational damage.
What this means for internal organisation
To avoid missed deadlines, traders need at least a basic internal setup:
Clear contact point for ADR
- a dedicated email address (e.g. adr@company.com) or a monitored customer service email;
- internal rule that all messages from ADR bodies are high-priority.
Named person in charge
- someone responsible for coordinating: gathering information, drafting replies, seeking approval from management or legal.
Reply templates
- one template for participation;
- one for reasoned refusals;
- one for cases where the dispute is already resolved with the consumer.
Deadline tracking
- even a simple spreadsheet with date of receipt, deadline, status and responsible person is better than nothing.
Without this minimal structure, the risk of missed deadlines and accumulation of negative outcomes is real.
Link to GDPR and record-keeping
Replies to ADR bodies usually contain personal data. That implies:
- a legal basis for processing (legal obligation and defence of legal claims);
- clear retention periods – you do not keep files indefinitely;
- adequate security of communication and storage.
In the next part we look at the exceptions to the duty to reply and how to prepare for 2026 in