Voluntary Administrative Mediation Procedure before the DNDA
Department of Intellectual Property Report | Voluntary Administrative Mediation Procedure before the DNDA
On February 23, 2026, the National Copyright Directorate of the Ministry of Justice (the Dirección Nacional del Derecho de Autor, “DNDA”) published in the Official Gazette Provision No. 2/2026 (the “Provision“, available only in Spanish here) introducing the Voluntary Administrative Mediation Procedure before the DNDA (the “Procedure“).
Background to the Provision: Decree No. 138/2025 and Resolution No. 536/2025
Decree No. 138/2025, amending the regime for collective management of copyright and related rights, provided that the Ministry of Justice could establish mechanisms for defining fees for the collection of the aforementioned rights, as well as mechanisms for the mediation and resolution of disputes between users or sectoral chambers and collective management organizations.
For its part, Resolution No. 536/2025 of the Ministry of Justice created the registry of Copyright and Related Rights Collective Management Organizations (the “Registry“), based on the fact that Decree No. 138/2025, referred to above, also established that copyright and related rights collective management societies must have prior authorization from the DNDA.
The Procedure now introduced is presented as the dispute resolution process referred to in Decree No. 138/2025, for which collective management organizations are required to be registered in accordance with the provisions of Resolution No. 536/2025.
Purpose and scope of application
The Procedure is presented as an alternative, voluntary and non-jurisdictional mechanism for the resolution of disputes related to the setting of tariffs mentioned above. In line with the background on which its creation is based, this mechanism will be available to:
– Individual users of protected works.
– Chambers, associations or entities representing users.
– Collective management organizations incorporated in the registry created by Resolution No. 536/2025.
Principles and characteristics of the Procedure
The Procedure is governed by the following principles: voluntariness, free of charge, impartiality, confidentiality, and speed.
Among its main characteristics, the following stand out:
– It does not constitute a mandatory instance or prerequisite for access to judicial or arbitral proceedings.
– It does not replace the mandatory pre-trial mediation provided for by current regulations.
– It does not suspend or interrupt legal or contractual deadlines.
– The proceedings, statements, proposals and documentation produced within the framework of the Procedure are confidential.
Development of the Procedure
1. Start of the Procedure
The Procedure is initiated at the request of one of the parties by submitting a form enabled by the DNDA on its website. The DNDA will verify the admissibility of the request, evaluating the standing of the parties, the registration of the collective management organization involved and the correspondence of the dispute with the scope of Decree No. 138/2025.
2. Appointment of the mediator
If admissible, a mediator belonging to the National Directorate of Mediation and Alternative Methods of Conflict Resolution of the Ministry of Justice will be appointed.
The mediator must be registered in the National Mediation Registry for at least two (2) years and will act as an impartial third party, without binding decision-making powers.
It is also worth emphasizing that the mediator may request the technical assistance of DNDA agents exclusively for general clarifications related to the applicable regulatory or technical framework, who shall not refer to the positions of the parties or the particular circumstances of the case.
3. Hearings and development
The first hearing must be set within ten (10) administrative working days from the appointment of the mediator.
Hearings will preferably be held using digital tools, such as videoconferencing, although the mediator may arrange for them to be held in person when circumstances require it.
The Procedure provides for a maximum of three (3) hearings, unless expressly agreed by the parties and the mediator to extend the process.
The parties may appear in person or through representatives, with legal assistance being optional.
Likewise, they may present relevant documentation to facilitate the understanding of the conflict, although this does not imply the opening of a formal evidentiary stage.
4. Completion of the Procedure
The procedure can be concluded in several ways:
a. by withdrawal of any of the parties.
b. for non-appearance of any of them.
c. by decision of the mediator, when there is conduct that hinders the process.
d. without agreement, by signing a closing act.
e. with agreement, when the parties manage to agree on a solution.
In the event of an agreement, it shall be evidenced through a document signed by the parties. However, the agreement will not be executable, and it will only have effects between the participants in the procedure.
It should be noted that in the event of non-appearance of any of the parties, or in the event of new or supervening circumstances to the hearings, processes already closed may be reopened.
Entry into force
The Provision establishes that the Procedure entered into force on the day following its publication in the Official Gazette, that is, on February 24, 2026.
The DNDA has enabled access to the Procedure through its website, and it is currently available at the following link: Voluntary Administrative Mediation.
We remain at your disposal for any additional information you require.
Sincerely,