The European Commission has launched a formal investigation into Elon Musk’s Platform X (formerly Twitter) over suspected breaches of the Digital Services Act (DSA), following a complaint filed by nine civil society organizations.
The probe, which began in December 2023, centers on allegations that X used sensitive personal data for targeted advertising, a practice explicitly prohibited under the DSA.
Civil Society Files Complaint Against Elon Musk’s Platform X
Organizations including European Digital Rights (EDRi), AI Forensics, and the Centre for Democracy and Technology Europe (CDT) submitted the complaint after AI Forensics analyzed X’s Ad Repository.
Their findings revealed that major brands and institutions had engaged in advertising campaigns targeting users based on special categories of personal data, such as:
- Political opinions
- Sexual orientation
- Religious beliefs
- Health conditions
These categories are protected under Article 9 of the GDPR and are off-limits for profiling under the DSA, which came into effect for Very Large Online Platforms (VLOPs) like X in late 2023.
Examples of Alleged Targeted Advertising
The complaint highlights several concerning examples:
- Total Energies allegedly ran ads excluding users who interacted with keywords related to ecologist political figures.
- McDonald’s reportedly excluded users who engaged with keywords linked to its trade union, as well as terms related to antidepressants and suicide.
Such practices raise serious questions about discriminatory targeting and data misuse, prompting calls for regulatory action.
EU Commission’s Preliminary Findings
In its preliminary assessment, the European Commission concluded that X’s use of blue checkmarks may be misleading, and that the platform lacks sufficient transparency and accountability in its advertising and content moderation practices.
Elon Musk’s Platform X has been given the opportunity to respond in writing, but the investigation remains ongoing.
What Will the DSA Impose on Elon Musk’s Platform X?
Under the DSA, violations by platforms like X could result in:
- Fines of up to 6% of global annual turnover
- Mandatory changes to platform operations
- Increased oversight by Digital Services Coordinators
The civil society coalition urges the Commission to act swiftly to protect users from exploitative profiling and uphold the integrity of the EU’s digital rights framework.
