Report a platform's behaviour

Any user (whether private or professional) of an online service (platform, search engine, cloud, access provider etc.) residing in Luxembourg who believes that the platform’s conduct breaches the DSA may lodge a complaint with the Competition Authority.

If the user is not a resident in Luxembourg, the Authority must, in principle, reject their complaint.

It may, however, accept complaints from non-residents where these concern a platform established in Luxembourg. In such cases, it shall inform the digital services coordinator in the complainant’s country of residence, in accordance with the data protection regulations.

Users of the platform can report anything that is contrary to the obligations of online platforms, including but not limited to:

• any provider of intermediary services is in violation of the DSA if they engage in one of these practices:
  • a platform does not make it possible to report illegal content;
  • an e-commerce site does not have a single point of contact;
  • the host of a website located outside the European Union (EU) but who offers services in the EU does not identify its legal representative in the EU;
  • the terms and conditions of an online platform do not mention any restrictions of use;
  • a platform has not published reports on its content moderation activities;
• 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 offer 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;
  • a hosting service provider has not reported information to the authorities that suggests a criminal offence (existing or potential) that poses a threat to human life or security;
• 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 provides illegal content;
  • an online interface has been designed to trick or manipulate users;
  • an online platform is offering advertising without stating this and without mentioning who is paying for this advertising and on whose behalf;
  • a platform is presenting advertising based on profiling;
  • an online platform fails to state in its terms and conditions how its content recommendation systems work and how to change or influence them;
• 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 products but it has not notified consumers about this;
  • an online platform does not explain certain restrictions in clear language that is easy for minors to understand;
  • an e-commerce platform is presenting advertising based on profiling to minors;
• very large online platforms (VLOPs) or very large online search engines (VLOSEs) 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 borne by using it;
  • a very large online search engine does not publish an advertising register.

• Have you seen suspicious content on a platform? 
• Do you have information about certain practices in connection with content moderation or advertising that targets children? 
• Have you noticed that a platform is promoting certain products without specifying that they are advertisements? 
• Are you concerned about certain online content that the platforms are not taking action against?

Contact the Authority to report any suspicious behaviour or practice that may break DSA rules.

What information is required to make a report?

The originator of a simple report should communicate the information they have to justify their 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 do I make a simple report?

Your report and the information you have that is related to the acts you are reporting may be sent to the Online Platforms Department:

• either by email via our contact form;
• or by post to the Authority's address.

What happens after a report is made?

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.

• Is an online platform not providing you with the option to communicate directly, quickly and cordially with its single point of contact? 
• Have you received no response after reporting illegal content to the platform? 
• Is a platform not providing you with an explanation as to why your content has been deleted?
• Is a platform not allowing you to dispute its decision to restrict access to your user account following the publication of content?

Platform users (individuals, businesses or the organisations that represent them) who feel there has been a violation of the DSA may lodge a complaint with the Competition Authority by communicating the information it has that is relevant to the case.

The law specifies the information that needs to be provided for a complaint to be accepted.

What information is required to lodge a complaint?

The complainant should communicate the information they have to justify their 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:

• complainant's identity (at least first name and surname, or company name, and postal address);
• contact person from whom additional information may be requested;
• 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;
• 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).

How do I lodge a complaint?

The complainant may lodge a complaint with the Competition Authority:

• either via the online complaint service for non-compliance with the DSA on MyGuichet.lu (with or without authentication);
• either via the PDF complaint form for non-compliance with the DSA to be sent to the Online Platforms – Complaints Department:
  • by email via our contact form or
  • by post to the Authority's address.

What happens after a complaint is lodged?

The Competition Authority will confirm receipt of complaints within 10 days. The confirmation of receipt does not state a position on the Authority's authority 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 required criteria are not met adequately;
• 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 adequate convincing information.