Recital 3

(3)Since at least two in every five online transactions currently made by consumers residing in the Union are with traders established in third countries, the scope of Directive 2013/11/EU should be extended to allow third-country traders that are willing to participate in an ADR procedure to do so, where those third-country traders direct their activities towards one or more Member States, within the meaning of Regulation (EC) No 593/2008 of the European Parliament and of the Council ⁵ or Regulation (EU) No 1215/2012 of the European Parliament and of the Council ⁶ . Whether third-country traders are directing their activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in those Member States; the possibility of ordering products or services; the use of a relevant top-level domain; the availability of an application in the relevant national application store; the provision of local advertising or advertising in a language used in those Member States; or the handling of customer relations such as by providing customer service in a language generally used in those Member States. Member States should be able to lay down conditions for the participation of third-country traders in ADR procedures, in particular to avoid excessive burdens for ADR entities. Those conditions can include, in particular, the trader’s and the consumer’s consent to the resolution of the dispute on the basis of the law applicable in the Member State in which the ADR entity is established and the consumer has his or her place of residence and the trader’s commitment to be bound by the ADR procedural rules, including recurrent fees, where applicable.