EU’s Digital Services Act Faces Implementation Challenges as Reporting Illegal Content Remains Difficult
The promise of a safer online experience, enshrined in the European Union’s Digital Services Act (DSA), is facing headwinds as a new investigation reveals significant obstacles for users attempting to report illegal content on major online platforms. A recent study by the German consumer protection organization, the Verbraucherzentrale Bundesverband (vzbv), found that platforms like Amazon, Instagram, and TikTok are not consistently providing accessible and user-friendly reporting mechanisms as mandated by the DSA. This lack of compliance raises concerns about the effectiveness of the landmark legislation, designed to curb the spread of illegal goods, services, and harmful content online.
The DSA, which came into effect in February 2024, aims to create a more transparent and accountable online environment. It places specific obligations on exceptionally large online platforms (VLOPs) and very large online search engines (VLOSEs) – those with over 45 million active users in the EU – to mitigate systemic risks, including the dissemination of illegal content. A core tenet of the DSA is the requirement for platforms to offer easily accessible and understandable procedures for users to flag illegal content, ranging from counterfeit products and unauthorized financial services to hate speech and harmful goods. However, the vzbv’s findings suggest that these requirements are not being universally met.
The investigation, conducted between October 9, 2025, and January 26, 2026, assessed the reporting pathways on ten prominent platforms: AliExpress, Amazon, Shein, Temu, Zalando, Facebook, Instagram, Snapchat, TikTok, and YouTube. Researchers evaluated the process from the perspectives of both logged-in and anonymous users, and specifically examined the experience for minors with accounts. The vzbv report highlights a pattern of technical hurdles, manipulative design practices – known as “dark patterns” – and a general lack of transparency in the reporting process. These issues, according to Ramona Pop, board member of the vzbv, “must change.”
Technical Obstacles and Dark Patterns Hinder Reporting
The vzbv’s analysis revealed that although platforms generally offer reporting options, accessing them can be surprisingly difficult. Users often encounter lengthy and convoluted navigation paths, requiring multiple clicks to locate the appropriate reporting form. The report details instances of ambiguous and confusing category lists, making it challenging for users to accurately classify the illegal content they are reporting. This complexity can be particularly frustrating for less tech-savvy individuals and may discourage them from reporting altogether. The DSA explicitly requires platforms to provide clear and straightforward reporting mechanisms, a standard the vzbv found to be frequently unmet.
Beyond navigational challenges, the study identified the use of “dark patterns” designed to subtly steer users away from reporting illegal content. These manipulative design elements can include pre-selected options that downplay the severity of the issue, or strategically placed distractions that divert users from completing the reporting process. The vzbv report doesn’t detail specific examples of dark patterns used by each platform, but emphasizes the pervasive nature of these tactics across the tested sites. These practices directly contradict the DSA’s intention of empowering users to actively participate in maintaining a safe online environment.
Another key finding of the investigation concerns the lack of confirmation receipts. The DSA mandates that platforms acknowledge receipt of user reports, providing assurance that the issue is being addressed. However, the vzbv found that confirmation emails or on-screen notifications were not consistently provided, leaving users uncertain whether their reports had been received or were being investigated. This lack of feedback further erodes trust in the reporting system and discourages future engagement.
Disadvantages for Anonymous Users
The vzbv’s research similarly uncovered significant disparities in the reporting experience for users without accounts. On some platforms, such as Amazon, reporting illegal content is simply not possible without logging in. On others, like Instagram, the options available to anonymous users are significantly limited compared to those available to registered users. This creates a barrier for individuals who prefer to remain anonymous, or who may not have an account on a particular platform, effectively silencing their ability to report harmful or illegal activity. This is particularly concerning given the DSA’s aim to protect all users, regardless of their account status.
The implications of these findings extend beyond individual user frustration. The difficulty in reporting illegal content can allow harmful products and services to proliferate online, potentially endangering consumers and undermining legitimate businesses. Counterfeit goods, unsafe products, and fraudulent schemes can thrive in an environment where reporting mechanisms are ineffective. The spread of illegal content can contribute to the erosion of trust in online platforms and the digital economy as a whole.
In response to the vzbv’s report, several of the platforms named in the study have defended their efforts to comply with the DSA. According to reporting by the taz, Amazon, Shein, and Zalando disputed the allegations, emphasizing their commitment to implementing the new regulations. Meta (the parent company of Instagram and Facebook) and Temu also asserted their ongoing efforts to meet the requirements of the DSA. However, the vzbv maintains that these claims are insufficient and that significant improvements are needed to ensure full compliance.
The DSA and the Role of Regulatory Oversight
The Digital Services Act represents a landmark attempt to regulate the online world and address the challenges posed by the rapid growth of digital platforms. The DSA builds upon the earlier e-Commerce Directive (2000/31/EC) and aims to create a more harmonized regulatory framework across the EU. It introduces a tiered system of obligations, with the most stringent requirements applying to VLOPs and VLOSEs. These platforms are subject to enhanced due diligence obligations, including risk assessments, transparency reporting, and independent audits.
The DSA also establishes a new system of enforcement, with the European Commission playing a central role in overseeing compliance for VLOPs and VLOSEs. National Digital Services Coordinators (DSCs) are responsible for supervising smaller platforms. The DSA grants the Commission the power to impose substantial fines – up to 6% of a platform’s global annual revenue – for violations of the regulations. The vzbv’s report underscores the importance of robust enforcement by both the Commission and national authorities to ensure that platforms are held accountable for their obligations under the DSA.
The European Commission has been actively preparing for the implementation of the DSA, issuing guidance and engaging with platforms to ensure a smooth transition. In April 2024, the Commission designated 17 very large online platforms and search engines, triggering a series of obligations under the DSA. These designated platforms are now subject to increased scrutiny and are required to submit regular reports on their efforts to mitigate systemic risks. The Commission has also launched investigations into several platforms to assess their compliance with the DSA, including investigations into TikTok and X (formerly Twitter) regarding their handling of illegal content and disinformation.
Looking Ahead: Strengthening Enforcement and User Empowerment
The vzbv’s findings serve as a critical reminder that the implementation of the DSA is an ongoing process. While the legislation represents a significant step forward in regulating the online world, its effectiveness will ultimately depend on the willingness of platforms to comply with its requirements and the vigilance of regulatory authorities in enforcing those requirements. Strengthening enforcement mechanisms, increasing transparency, and empowering users to report illegal content are essential to realizing the full potential of the DSA.
The next key development to watch will be the outcome of the European Commission’s ongoing investigations into VLOPs and VLOSEs. Any enforcement actions taken by the Commission, including potential fines, will send a strong signal to the industry and demonstrate the seriousness of the EU’s commitment to regulating the digital space. Continued monitoring of platform compliance by organizations like the vzbv will be crucial in identifying areas where improvements are needed. The future of online safety and accountability hinges on a collaborative effort between regulators, platforms, and users.
Key Takeaways:
- The EU’s Digital Services Act (DSA) aims to develop online platforms more accountable for illegal content.
- A recent investigation by the vzbv found that many platforms are not fully complying with the DSA’s requirements for accessible reporting mechanisms.
- Technical hurdles, “dark patterns,” and a lack of confirmation receipts are hindering users’ ability to report illegal content.
- Anonymous users face additional barriers to reporting.
- Stronger enforcement and increased user empowerment are crucial to realizing the full potential of the DSA.
Do you have experience with reporting illegal content online? Share your experiences and thoughts in the comments below. And please share this article with your network to raise awareness about the challenges facing the implementation of the Digital Services Act.