The essay focuses on the analysis of the different models of dispute resolution concerning the management of data by online platforms. The aim of the investigation is to identify the most appropriate instrument for protecting users' rights, which guarantees, on the one hand, the necessary flexibility and speed of solutions and, on the other hand, respect the fundamental guarantees of the right to be heard and the right of defence. In this perspective, it was found that the state jurisdiction does not fit perfectly to the characteristics of online dynamics, especially because of the length and costs of the process. It has also been observed that the ADR and ODR, although in abstract terms suitable to be a valid model of dispute resolution in question, have little appeal in the Italian state and do not currently find a satisfactory discipline at European level. Finally, the model of the Oversight Board of Meta was analyzed, which however does not guarantee in any way the parties.
Models for dispute resolution concerning data management by online platforms
Francesco Saverio Damiani
2025-01-01
Abstract
The essay focuses on the analysis of the different models of dispute resolution concerning the management of data by online platforms. The aim of the investigation is to identify the most appropriate instrument for protecting users' rights, which guarantees, on the one hand, the necessary flexibility and speed of solutions and, on the other hand, respect the fundamental guarantees of the right to be heard and the right of defence. In this perspective, it was found that the state jurisdiction does not fit perfectly to the characteristics of online dynamics, especially because of the length and costs of the process. It has also been observed that the ADR and ODR, although in abstract terms suitable to be a valid model of dispute resolution in question, have little appeal in the Italian state and do not currently find a satisfactory discipline at European level. Finally, the model of the Oversight Board of Meta was analyzed, which however does not guarantee in any way the parties.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


