Jurisdiction(s):
European Union

EU Digital Services Act litigation surges: advocacy-led national rulings outpace public enforcement, raising fragmentation and interpretation risks for platforms on non‑personalised feeds and recommender systems.

Published on: 30 March 2026

Published by an LexisNexis EU Law expert

Legal News

Article summary

Meta Platforms, TikTok, X and Amazon are now well used to the steady rhythm of enforcement under the EU's content-moderation law, but are increasingly encountering private actions that seek remedies for alleged shortcomings. Such claims were always envisaged by the EU's Digital Services Act (EU DSA), operating alongside public oversight by the European Commission and national regulators, and they are now emerging as a growing exposure for Big Tech platforms. Most of the EU DSA lawsuits disclosed to date have been brought by advocacy groups and consumer organisations in Germany and the Netherlands, and have been filed in national courts (see here, here and here). As a result, these first decisions take effect only at the national level. One example is a recent Dutch ruling in summary proceedings that compelled Meta to offer Facebook and Instagram users a non-personalised feed option, concluding that its services did not meet EU DSA requirements (see here). The decision, and any follow-on product changes, apply solely within the Netherlands...

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