The European Commission has announced the acceptance of the measures taken by the very large online platform X to remedy the breaches identified regarding the obligations of transparency of online advertising and researchers’ access to data, set out in the Digital Services Act (DSA). The measures thus become mandatory for the platform, and their implementation will be monitored by the European Commission.
The decision was adopted as part of the European Commission’s DSA procedure and aims to ensure compliance with the obligations applicable to very large online platforms concerning the ad repository—the tool through which users, researchers and authorities can access information on advertisements displayed on the platform—as well as the eligible researchers’ access to the platform’s public data, which enables research activities that contribute to the detection, identification and understanding of X’s systemic risks at Union level.
According to the information published by the European Commission, the approved measures are an important step to enable researchers, civil society and the general public to benefit from greater transparency regarding X’s systems, in particular to monitor the platform’s systemic risks and facilitate assessments of its broader impact on users and on European society as a whole.
What measures has platform X taken?
With regard to the infringements related to the ad repository, platform X has committed to implementing a set of measures aimed at improving the functioning of this repository and facilitating access to information on online advertising.
The main measures include:
- Introducing additional ad search and filtering functionalities, including searches by ad content and the targeting criteria used.
- Displaying search results directly in the advertising repository interface without requiring the use of external files.
- Reducing the time needed to access the information available in the repository;
- Providing access to the repository through an API (Application Programming Interface).
With regard to breaches of the obligation to grant researchers access to public data, X has committed to the following corrective measures:
- Reviewing and improving the process for assessing requests submitted by researchers seeking access to its public data through an API, ensuring that eligible researchers are not excluded by error;
- Pproviding eligible researchers with free access to data;
- Ensuring timely access for eligible researchers, including to appropriate volumes of data. X has committed to significantly reducing the processing time for researchers’ requests, including by avoiding unnecessary exchanges with applicants;
- Updating its terms and conditions to explicitly state that eligible researchers are not contractually prohibited from extracting publicly available data.
These changes will be subject to an external and independent audit, which X has committed to carry out. X will also submit the audit report within six months of the implementation of the measures and will take action together with the Commission to ensure the effective implementation of the auditor’s recommendations.
During the implementation period, the European Commission will monitor compliance with the commitments undertaken by the platform.
Role of the European Commission
According to the Digital Services Act, in the case of very large online platforms and very large online search engines (VLOPSEs), the European Commission has the exclusive competence to supervise and ensure compliance with the obligations under Chapter III, Section 5 (Articles 33 – 43). For the other responsibilities falling on the VLOPSEs, supervisory responsibility is shared between the European Commission and the Digital Services Coordinator in the Member State where the platform or search engine is based or its designated legal representative is located. In carrying out its tasks, the Commission cooperates with the European Board for Digital Services, an independent advisory group composed of Digital Services Coordinators from EU Member States.
By accepting the measures taken by Platform X, the European Commission does not conclude its supervisory activities. It will continue to carefully monitor the platform’s compliance with both its commitments and its other obligations under the Regulation.
ANCOM – Digital Services Coordinator in Romania
Transparency in online advertising and researchers’ access to VLOPSEs data are some of the key elements of the Digital Services Act. The commitments undertaken by the X platform are a significant step towards a safer, more responsible and more predictable online ecosystem for users, researchers and authorities. ANCOM, as Romania’s Digital Services Coordinator, will continue to cooperate with the European Commission and the other competent authorities to ensure the consistent and effective implementation of the obligations established by the DSA.