Reporting the practices of an online platform
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Hate speech, content depicting the sexual abuse of minors, and the sale of counterfeit goods: anything that is illegal offline is also illegal online. However, platforms do not have full powers over the content distributed on the internet. For example, they may not suspend or delete content or user accounts without cause.
Providers of online platforms must also fulfil the obligations set forth in Regulation (EU) 2022/2065 on a single market for digital services (the 'Digital Services Act', hereinafter the 'DSA'), depending on their role, size and impact in the digital ecosystem.
Users of a platform – whether they are a private individual or a business – who believe that there has been a breach of these obligations may report it to the Competition Authority (hereinafter, the 'Authority'). This is particularly the case if:
- a platform restricts the visibility of your content without cause (shadow banning);
- your user account was wrongfully deleted;
- a platform does not allow you to report illegal content, and so on.
As the coordinator for digital services, the Authority cannot itself delete or block illegal content – such as hate speech, insults, illegal products and copyright violations – or order that it be deleted or blocked.
If you or another person are in immediate danger or risk being harmed, call the emergency services on 112.
If you would like to report a crime or offence, go to a police station, or call the Grand Ducal Police on 113 (freephone number).
Who is concerned
Any user – whether a private individual or a business – of an online service (platform, search engine, cloud, access provider, etc.) who believes that the service's practices violate the DSA may lodge a complaint with the Authority.
If you become aware of illegal practices in a professional setting and fear retribution, you may report the practices and apply for protection under the whistleblower protection scheme.
Prerequisites
What can be reported to the Authority?
You may report any act that runs counter to the obligations of online platforms, for instance (the following list is not exhaustive):
- any provider of intermediary services is in violation of the DSA if they engage in one of these practices:
- a platform does not provide a way to report illegal content;
- an e-commerce site does not have a single point of contact;
- hosting service providers, cloud service providers and other platforms are in violation of the DSA if they engage in one of these practices:
- a social network does not provide a way to report illegal content;
- the platform that hosts your site has not provided you with a clear and detailed explanation of the reasons for the restrictions it is imposing on your content that it considers illegal or incompatible with its terms and conditions;
- medium-sized or large online platforms (marketplaces, forums, social networks, app stores) are in violation of the DSA if they engage in one of these practices:
- a collaborative platform does not provide your business with the procedures for lodging a complaint about its decision to remove, restrict or suspend your content, your account or its services;
- a platform provider has not suspended the account of a user who frequently publishes illegal content;
- e-commerce platforms are in violation of the DSA if they engage in one of these practices:
- an e-commerce platform does not provide the seller's correct contact details;
- an e-commerce platform is aware that a business is selling prohibited goods, but it has not informed consumers that this is the case;
- very large online platforms (VLOP) or very large online search engines (VLOSE) are in violation of the DSA if they engage in one of these practices:
- a very large online platform does not adequately mitigate the risks involved in using it;
- a very large online search engine does not publish an ad repository.
How to proceed
Filing a report
You may contact the Authority to report any suspicious behaviour or practice that is likely to contravene the rules of the DSA, particularly if:
- you have observed suspicious content on a platform;
- you have information about certain practices in connection with content moderation or advertising that targets children;
- you have noticed that a platform promotes certain products without specifying that they are advertisements;
- you are concerned about certain online content that the platforms are not taking action against.
What information is required to file a report?
You must forward the information you have in your possession to substantiate your suspicions (e.g. screenshots, webpage URLs, images or videos, electronic correspondence, emails, terms and conditions, decisions by platforms, etc.).
The law does not stipulate any particular formalities for a report to be processed.
Based on the information received, the Authority may assess whether it is useful and appropriate to take up the case.
How to file a report?
Your report and the information you have in connection with the acts that you are reporting may be sent to Online Platforms Department:
- either by email through the Authority's contact form;
- or by post to the Authority's address.
Note: The Competition Authority's staff are bound by an obligation of professional secrecy.
What happens after a report is filed?
The Competition Authority will confirm receipt of the report.
If the report is relevant with regard to the DSA, the Authority may take it up to investigate the reported practices.
Where applicable, it may contact you again to request additional documents or information.
Lodging a complaint
If you, or the body representing you, believes that the DSA has been violated, you may lodge a complaint with the Competition Authority. This is particularly the case if:
- an online platform does not provide you with the option to communicate directly, quickly and cordially with its single point of contact;
- you do not receive a response after reporting illegal content to the platform;
- a platform does not provide you with an explanation for deleting your content;
- a platform does not allow you to dispute its decision to restrict access to your user account following the publication of content.
What information is required to lodge a complaint?
You must forward the information you have in your possession to substantiate your suspicions (e.g. screenshots, webpage URLs, images or videos, electronic correspondence, emails, terms and conditions, decisions by platforms, etc.).
The complaint must contain at least the following information:
- the complainant's identity: at least the first name and surname, or company name, and postal address;
- the contact person from whom additional information may be requested;
- the provider of intermediary services (e.g. platform) targeted by the complaint, and a brief overview of the implicated service and its relationship with the complainant;
- a detailed description of the alleged acts, copies of any document that confirms these acts, and a clear indication of the exact electronic location of this information (e.g. URL).
The complaint and attached documents must be written in Luxembourgish, French, German or English.
How do I lodge a complaint?
You can lodge a complaint with the Competition Authority:
- through an online procedure via MyGuichet.lu, either with or without authentication; or
- via the PDF complaint form for non-compliance with DSA obligations, which can be submitted:
- by email through the contact form; or
- by post to the Competition Authority: Autorité de la concurrence, 2A, rue d'Anvers, L-1130 Luxembourg.
What happens after a complaint is lodged?
The Authority will confirm receipt of complaints within 10 days. The Authority's acknowledgement of receipt does not imply a position on its competence in the matter, or on the admissibility of the complaint.
If the complaint is admissible, the Authority will investigate it.
The Authority may reject a complaint in one of the following cases:
- if it finds that the complaint does not adequately meet the required criteria;
- if the alleged acts do not fall within the scope of the DSA;
- if the statute of limitations has expired for the alleged acts;
- if there is not sufficient evidence.
Information on the processing of personal data within the context of a complaint in connection with the DSA can be found on the Competition Authority's website.
Online services and forms
Who to contact
Related procedures and links
Links
Further information
-
DSA : guide pratique pour petites et micro-entreprises
sur le site de l'Autorité de la concurrence
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DSA - Encadrement des plateformes en ligne
sur le site de l'Autorité de la concurrence
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DSA: Very large online platforms and search engines
on the website of the European Commission
Publications
Legal references
-
Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022
on a Single Market For Digital Services
-
The Digital Services Act
on the website of the European Commission
