EU Commission's preliminary findings: X in breach of Digital Services Act
On 12 July 2024, the European Commission (the Commission Services) notified X (formerly known as Twitter) of its preliminary findings indicating breaches of the Digital Services Act (DSA). The alleged violations relate to dark patterns, advertising transparency and data access for researchers.
Here are the key findings issued by the Commission Services:
- Deceptive interface for verified accounts: The "Blue checkmark" system misleads users by allowing anyone to subscribe for a "verified" status, thus compromising the authenticity and reliability of the accounts.
- Lack of advertising transparency: X fails to provide a proper, searchable advertisement repository. Instead, it uses design features and access barriers that hinder transparency and supervision, obstructing research into emerging online advertising risks.
- Restricted data access for researchers: X prohibits independent access to public data for researchers and imposes high fees and dissuasive processes for API access, contravening DSA requirements.
These findings result from a detailed investigation involving internal documents, expert interviews, and collaboration with national Digital Services Coordinators.
X has the opportunity to defend itself by examining the investigation documents and responding in writing. The European Board for Digital Services will also be consulted. If the preliminary views are confirmed, the Commission Services could impose fines up to 6 per cent of X's global annual turnover and mandate corrective measures. A non-compliance decision may also trigger enhanced supervision or periodic penalty payments to ensure compliance.
Background
X was designated as a Very Large Online Platform (VLOP) on 25 April 2023, for having over 45 million monthly active users in the EU. On 18 December, the Commission Services began formal proceedings to investigate X’s compliance with the DSA, particularly in relation to illegal content, information manipulation and the current areas of concern.
The Commission Services has also opened formal proceedings against other major platforms, including TikTok, AliExpress, and Meta, for potential DSA violations. A whistleblower tool is also available for anonymous reporting on VLOPs’ compliance.
The press release can be found here.
The whistleblower tool can be found here.
