Irish regulator Coimisiún na Meán (CnaM) has opened two investigations into Meta’s Instagram and Facebook platforms to assess compliance with the European Union’s Digital Services Act (DSA). The probes will examine whether the company employs prohibited “dark patterns” to influence users’ choices regarding recommender systems.
The investigations target potential breaches of Articles 25 and 27 of the DSA. Specifically, Article 27(3) mandates that users must be able to easily select and modify their preferred recommendation system. Meanwhile, Article 25(1) forbids interfaces that deceive or manipulate users away from choosing non-profiling recommendation options based on personal data. If Meta is found in violation, it could face fines of up to 6% of its global annual turnover—potentially amounting to as much as $12 billion per violation according to last year’s revenue figures.
Scope of the Investigation
CnaM’s inquiry will assess two distinct aspects. First, it will verify whether Facebook and Instagram allow users to access, select, and adjust a recommender system that does not rely on profiling. Second, it will investigate whether the user interfaces employ dark patterns—design techniques that covertly steer users toward profiling-based recommendations.
The investigation is being conducted in cooperation with the European Commission and other EU enforcement bodies, reflecting the shared supervision responsibility over “Very Large Online Platforms” under the DSA. Ireland serves as the lead national regulator for many major tech firms headquartered in Europe under the EU’s “country of origin” principle.
Broader Regulatory Context
This move raises to five the number of DSA investigations currently undertaken by Coimisiún na Meán targeting large tech platforms in the last six months. Recent probes include inquiries into X’s complaint handling system and reporting mechanisms for illegal content on TikTok and LinkedIn. The regulator is also supporting four enforcement cases led by the European Commission concerning TikTok, X, and Shein.
John Evans, Digital Services Commissioner at CnaM, oversees these enforcement actions. Evans has a background in competition law and communications regulation and shares DSA enforcement responsibilities with Online Safety Commissioner Niamh Hodnett.
The investigations come amid criticism that EU regulators have been slow to enforce the DSA, partly due to the regulations’ recent implementation and bureaucratic delays. Political pressure is also speculated to influence enforcement, particularly given concerns about EU-US relations and major American technology companies.
Why it matters
The DSA is a landmark regulation designed to increase transparency and user control over online platforms in the EU. Meta’s alleged use of dark patterns, if confirmed, would violate users’ rights to select non-profiling recommendation systems. Enforcement actions against such practices could set important precedents for digital platform accountability and influence the behavior of other large tech firms.
As Ireland prepares to assume the EU Presidency, this investigation highlights growing pressure on Dublin to strengthen its regulatory oversight. Public opinion data also suggests rising support within Ireland and across the EU for tougher regulation and greater independence from US tech influence.
Sources
This article is based on reporting and publicly available information from the following source:
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