ACM launces DSA investigation into Snapchat in connection with illegal sale of vaping products to minors

The Netherlands Authority for Consumers and Markets (ACM) launches an investigation into online platform Snapchat in connection with the sale of vaping products to minors. This investigation has been prompted by a request for enforcement that was filed with ACM in late August by the Youth Smoking Prevention Foundation (in Dutch: Stichting Rookpreventie Jeugd). This foundation believes that Snapchat fails to comply with the requirements laid down in the Digital Services Act (DSA).

Manon Leijten, Member of the Board of ACM, explains: “Having a safe online environment for minors is extremely important. That is why online platforms such as Snapchat must take measures in order to prevent illegal products from being sold on their services. On the basis of the information submitted by the Youth Smoking Prevention Foundation, we see sufficient reason for launching an investigation into possible violations of the DSA rules by Snapchat.”

These possible violations concern Snapchat’s policy regarding the protection of minors. According to the DSA, platforms must put in place appropriate and proportionate measures in order to sufficiently safeguard the safety of minors. ACM will now investigate whether Snapchat does exactly that. In its investigation, ACM is in close contact with the European Commission, since Snapchat is a so-called ‘Very Large Online Platform’ (VLOP), which means that it falls directly under the European Commission’s jurisdiction.

Course of the investigation

During the investigation, ACM does not comment on the case. It is unclear at the moment how long the investigation will take. This will depend on the course of the investigation, among other factors. If the investigation reveals that Snapchat does not comply with the DSA rules, ACM can take enforcement action, for example in the form of binding instructions, fines, or orders subject to periodic penalty payments.

About the DSA

The DSA is a European regulation that came into force in early 2024. The DSA does not stipulate what online content (information, products) is legal or illegal. Legality or illegality is determined by other laws such as criminal law, privacy laws, or consumer laws. For example, the online sale of vaping products is illegal in the Netherlands (in Dutch) under the Tobacco and Smoking Products Act (in Dutch: Tabaks- en rookwarenwet). Enforcement of that law is carried out by the Netherlands Food and Consumer Product Safety Authority (NVWA).

What the DSA does stipulate though, is, for example, how online platforms must handle reports about illegal content. For example, it must be easy to file reports, and platforms must respond quickly, and must properly explain what they will do with those reports. (external website) In addition, online platforms that are accessible by minors must put in place measures for protecting minors against illegal and/or harmful content on their services. As enforcer of the DSA, ACM does not rule on the legality or illegality of content, but it does assess whether platforms have their processes in order, and whether the measures they have put in place for protecting minors are effective.