Article 13 Mediation

If the data provider disagrees with the decision of the Digital Services Coordinator of establishment on the amendment request, the data provider may, within a period of five working days from the communication by the Digital Services Coordinator of establishment pursuant to Article 40(6), second subparagraph of Regulation (EU) 2022/2065, request in writing the Digital Services Coordinator of establishment to participate in mediation.

The Digital Services Coordinator of establishment shall not be obliged to participate in the mediation process.

The written request referred to in paragraph 1, shall include a concise description of the specific elements of the decision, as communicated by the Digital Services Coordinator of establishment pursuant to Article 40(6), second subparagraph of Regulation (EU) 2022/2065, to which the data provider objects.

The Digital Services Coordinator of establishment and the data provider shall agree on the appointment of a mediator and initiate the mediation within 20 working days from the submission of the mediation request pursuant to paragraph 3.

Before agreeing to the appointment of a mediator, the Digital Services Coordinator of establishment shall verify that the mediator is impartial and independent and possesses the relevant expertise related to the subject matter as described in the written request referred to in paragraph 1.

The data provider shall bear all costs of the mediation.

The Digital Services Coordinator of establishment shall inform the principal researcher of the mediation request referred to in paragraph 1 without undue delay and may decide to invite the principal researcher to join the mediation as a party. Where the data access application has been submitted to the Digital Services Coordinator of the research organisation, the Digital Services Coordinator of establishment may invite the Digital Services Coordinator of the research organisation to participate in the mediation process. Any party invited to join the mediation by the Digital Services Coordinator of establishment shall not be obliged to participate in the mediation process.

Participation in mediation shall not affect the right of the parties to initiate judicial proceedings at any time before, during or after the mediation.

The Digital Services Coordinator of establishment shall set a time limit for the mediation, which shall not exceed 40 working days starting on the day of the initiation of the mediation pursuant to paragraph 4.

1. one of the parties requests explicitly to terminate the mediation;

2. it becomes clear that the conduct of the parties during the mediation, including a failure to engage in good faith, makes it unlikely that an agreement will be reached.

Where the mediation results in an agreement between the parties, the Digital Services Coordinator of establishment shall take such agreement into account and, where appropriate, modify the reasoned request and inform the principal researcher of the modification.

Where the parties fail to reach an agreement, the Digital Services Coordinator of establishment shall notify the data provider that the decision of the Digital Services Coordinator of establishment on the amendment request, as last communicated pursuant to Article 40(6), second subparagraph of Regulation (EU) 2022/2065, shall be considered valid and shall serve as the relevant basis for further steps in the process and inform the principal researcher.

1. the date of the written request for mediation by the data provider;

2. the identities and contact details of the parties;

3. the start and end dates of the mediation;

4. the outcome of the mediation, including any agreement reached or the reason for termination of the mediation.