Digital Policy

European Commission Approves X’s Data Access Remedies Under Digital Services Act

The European Commission has accepted a set of revised data access remedies proposed by X, the social media platform formerly known as Twitter, to comply with its obligations under the European Union’s Digital Services Act (DSA). This regulatory move follows a €120 million fine imposed on the platform for obstructing access to its public data by researchers, a key group the DSA aims to empower for public interest studies.

What Happened

On July 15, after initially rejecting an inadequate package, the European Commission formally accepted revised remedies offered by X addressing complaints about the platform’s restrictions on researcher access to public data. These commitments emerged following a December decision by the Commission to fine X €120 million for violations of the DSA, specifically for making access unduly difficult for independent researchers.

The remedies require X to explicitly state in its terms of service that eligible researchers are not contractually barred from scraping public data. In addition, X promised to overhaul its vetting process to prevent erroneous exclusions of qualified researchers, shorten processing times, and reduce burdensome back-and-forth communications. Most significantly, X agreed to provide free, ample access to its application programming interface (API), which serves as a conduit for data extraction.

Key Facts

The enforcement pertains to the European Union’s Digital Services Act, the landmark regulatory framework intended to create transparency and accountability for online platforms. X became the first company penalized under the DSA for non-compliance, specifically for impeding access to public data by external researchers. The Commission’s imposed fine of €120 million is the largest administrative monetary penalty to date under the DSA.

The remedies accepted by the Commission are binding commitments from X to make data access more transparent, efficient, and cost-free for eligible researchers. These changes are intended to help independent investigations that rely on platform data for social, political, and technological research purposes. The enforcement authority overseeing these obligations is the European Commission itself, with potential penalties if remedial measures fail.

What This Means

This regulatory development represents a significant advance for independent researchers seeking to analyze social media data for public interest purposes. By requiring X to remove contractual barriers, streamline research vetting, and allow free, volumetric API access, the Commission aims to dismantle prior structural obstacles that effectively excluded many applicants.

Nonetheless, the remedies offer only a partial victory. Their actual effectiveness remains unconfirmed due to the opacity surrounding how X will implement these commitments. Independent researchers will need to test whether the vetting process genuinely improves or merely adopts cosmetic changes, and whether API access as promised is indeed free and sufficiently generous.

Critically, experts caution that X’s acceptance of the remedies might serve primarily as a legal hedge to avoid daily fines rather than a firm commitment to permanent, researcher-friendly openness. The legal standing of the remedies faces ongoing scrutiny, with appeals and further court proceedings capable of reshaping the compliance landscape. Advocates urge the establishment of shared, transparent, and enforceable data access frameworks that do not rely on platform goodwill but are formally codified, ensuring durable access for public interest research across all major platforms.

Background

The Digital Services Act, which came into force in 2023, introduces new transparency and accountability requirements for very large online platforms (VLOPs) like X. It mandates platforms to provide access to public data to vetted researchers to facilitate independent scrutiny of platform risks and impacts. X was the first platform found in breach of these obligations, leading to the historic fine and corrective commitments. Prior to this, researchers reported obstructions including excessive documentation requests, unexplained application denials, and costly API access fees.

What Remains Unclear

The details of the reformed vetting process remain undisclosed, leaving uncertainty over whether X will genuinely eliminate biased exclusions or merely modify procedures superficially. The timeframe for application processing, criteria for researcher eligibility, and transparency of decisions are not yet clear. Furthermore, the permanence of these remedies is uncertain amid ongoing legal challenges brought by X, with a coalition of independent researchers seeking to intervene in court to protect their data rights.

What Comes Next

The future of researcher data access at X depends on the platform’s faithful implementation of the remedies and the outcomes of pending court cases challenging the Commission’s fine and obligations. Monitoring by independent researchers and advocacy groups will be essential to verify compliance and identify any regressions. The Data Access Task Force, formed by the Coalition for Independent Technology Research, is working to develop standardized demands on access transparency and fairness to apply not only to X but to all major digital platforms subject to the DSA.

Sources

This article is based on reporting and publicly available information from the following source:

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Nora Lindholm
About the editor

Nora Lindholm

Nora Lindholm Role: Digital Policy Editor Nora Lindholm writes about digital rights, online safety, data privacy, internet regulation, and technology policy. Her articles focus on how digital rules affect users, platforms, companies, and public institutions. She emphasizes official documents, clear sourcing, and balanced explanations.

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