EU decision regulates researcher access to data under the DSA
A new ruling by the EU sets limits on how platforms can restrict researcher access to data.
A document released by the Republican-led House Judiciary Committee revived claims that the EU digital rules amount to censorship. The document concerns a €120 million fine against X under the Digital Services Act and was framed as a ‘secret censorship ruling’, despite publication requirements.
The document provides insight into how the European Commission interprets Article 40 of the DSA, which governs researcher access to platform data. The rule requires huge online platforms to grant qualified researchers access to publicly accessible data needed to study systemic risks in the EU.
Investigators found that X failed to comply with Article 40.12, in force since 2023 and covering public data access. The Commission said X applied restrictive eligibility rules, delayed reviews, imposed tight quotas, and blocked independent researcher access, including scraping.
The decision confirms platforms cannot price access to restrict research, deny access based on affiliation or location, or ban scraping by contract. The European Commission also rejected X’s narrow reading of ‘systemic risk’, allowing broader research contexts.
The ruling also highlights weak internal processes and limited staffing for handling access requests. X must submit an action plan by mid-April 2026, with the decision expected to shape future enforcement of researcher access across major platforms.
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