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 Does a conciliation procedure entail any costs?

Unfortunately the conciliation board cannot conduct conciliation proceedings without financial participation of the complainant. The simplest case is the so-called shortened procedure which will amount to a total of € 2,500. The costs can however vary due to complexity and effort. The total costs will be invoiced to the complainant by the conciliation board.

Is it possible to reopen completed or terminated conciliation proceedings?

Reopening completed or terminated conciliation proceedings is not possible however it is open to the parties considered to take legal action. Furthermore the conciliation board cannot accept situations dating back more than two years, situations that are judicially or administratively pending as well as res judicata.

What documents do I have to attach to the online complaint form in all cases?

The template „Letter of attorney & privacy policy“ must be filled in, affixed with signature and company stamp, scanned, and uploaded in PDF format in all cases. With this document missing, the conciliation board cannot start any activity. This document clearly identifies one official contact person to the conciliation board, representing the complaining company during the conciliation proceedings. The „Letter of attorney & privacy policy“ legitimates the conciliation board to obtain, use, and process all data, information, and documents necessary for the conciliation proceedings. Of course those will be kept in confidence. Additionally the complainant agrees that the names of the companies concerned, the cause for complaint, start, duration, and costs of the proceedings as well as the results will be collected and saved for statistical purposes.

When and how will parties considered by a complaint be informed about the submission of a request for conciliation?

In the course of examining the content the conciliation board will collect all relevant documents and information and will also inform all parties considered by a complaint about the presence and content of a complaint.

What is the advantage of a conciliation procedure before the conciliation board compared to a lawsuit?

The ITS conciliation board provides the advantage of a fast, simple and affordable assessment in case of dispute between business customers, ITS service providers and data providers.

What other documents and information may be helpful for handling a request for conciliation?

For a fast and uncomplicated handling the following information may be helpful:
Detailed description of the cause for complaint (possibly carried out in a separate PDF file that can be attached to the online complaint form)
Pictures, screenshots, etc. that clearly describe the Situation

What is my reference number and where can I find it?

Upon submitting the online complaint form every complaint brought in to the conciliation board is assigned with a reference number, consisting of the current year and a four-digit consecutive number. This reference number can be found in the confirmation email the complainant receives after submitting a complaint. The conciliation board may use this number to clearly recognise each conciliation procedure and is to be considered a file number.

What happens if the total costs exceed the amount of € 2,500?

If costs incur in the course of the conciliation proceedings, for example due to increased effort on the part of the conciliation board or the consultation of external experts, these have to be borne by the complainant. The conciliation board will inform the complainant in advance if the total costs would exceed the amount of € 2,500. The complainant can refuse the continuation of the conciliation proceedings which can lead to discontinuation by the conciliation board.

When and how will the complainant be billed in case a conciliation procedure is initiated?

Complainants will be billed after closure of the conciliation proceedings. The invoice amount is to be transferred to the conciliation board’s bank account within a period of four weeks. In case the conciliation proceedings exceed duration of six months, every six months a partial invoice will be submitted to the complainant.