What the X Fine Reveals About Data Access Under Article 40 of the Digital Services Act

2026-02-12 · Source: Tech Policy Press · Field: Legal & Regulatory — Compliance & Risk Management, Regulatory Affairs & Government Relations · Depth: Intermediate, long

Summary

The European Commission issued a €120 million fine against X in December for non-compliance with Article 40.12 of the Digital Services Act (DSA), which mandates data access for qualified researchers. A document detailing the decision, released by the US House Judiciary Committee on January 28, 2026, reveals the Commission's interpretation of DSA enforcement. The fine specifically addresses X's overly restrictive eligibility requirements, inadequate review processes, limited data quotas and duration, and prohibition of independent researcher access, including scraping, for publicly accessible data. The Commission clarified that Article 40.12 does not require researchers to pay for access, be institutionally affiliated, or be based in the EU, as long as their research contributes to understanding systemic risks within the Union. X is required to submit an action plan by mid-April 2026 to address these compliance issues.

Key takeaway

For AI Scientists and Research Scientists seeking platform data under the EU's Digital Services Act, this decision clarifies your rights. You should expect free, timely access to publicly available data, regardless of your institutional affiliation or geographic location, provided your research contributes to understanding systemic risks in the EU. Be prepared to assert your right to scrape public data, as contractual prohibitions are deemed non-compliant, and challenge any platform rejections based on overly narrow interpretations of "systemic risks."

Key insights

The EU's DSA Article 40.12 mandates broad, free, and independent researcher access to public platform data.

Principles

• Data access under DSA Article 40.12 must be free of charge.
• Researchers need not be EU-based or institutionally affiliated.
• "Systemic risks" for research should be interpreted broadly.

Method

VLOPSEs must provide data access "without undue delay" to qualified researchers, including real-time data where technically possible, for detecting systemic risks in the Union.

In practice

• Platforms cannot contractually prohibit scraping of public data.
• Researchers can scrape public data without "ex ante" permission.
• Platforms must ensure GDPR compliance for data transfers.

Topics

• Digital Services Act
• Researcher Data Access
• Platform Regulation
• X (Social Media Platform)
• Data Scraping

Best for: AI Scientist, Research Scientist, AI Researcher, Policy Maker, Legal Professional

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Editorial summary, takeaway, and curation by AIssential. Original article published by Tech Policy Press.