European Commission launches investigation into Booking.com

The European Commission (EC) has launched an investigation into a possible violation of the Digital Services Act (DSA) by Booking.com in its fight against fraud and scams on the platform. The investigation also focuses on Booking.com’s measures regarding its users’ data to prevent this data from being misused by third parties. The EC additionally investigates whether the platform complies with the DSA obligations to make it clear to users when listings are in fact paid advertisements.

Over the past few years, scams, fraud, and phishing on online platforms for travel and accommodations have risen tremendously. ACM has received more and more reports, as well. For example, people book accommodations that turn out not to be available or they reserve a non-existent holiday home.

The EC’s investigation into Booking.com focuses on possible violations of the Digital Services Act (DSA). The key question in the investigation is whether the platform is doing enough to identify systemic risks that make fraud and scams possible, and whether the platform is taking sufficient measures to mitigate these risks.

In the Netherlands, the Netherlands Authority for Consumers and Markets (ACM) has been charged with enforcement of the DSA. Oversight over the very large online platforms such as Booking.com is conducted by the EC. In this investigation into Booking.com, ACM works together with the EC, because the platform has its registered offices in the Netherlands.

About the Digital Services Act

The DSA is a European law that contains obligations for providers of online services with the objective of making the internet safer and more reliable. ACM conducts oversight over providers of online services that are established in the Netherlands. The largest online platforms and search engines (so-called VLOPs and VLOSEs) fall under the oversight of the European Commission as well.