The EU’s first-ever punishment under the Digital Services Act (DSA) has drawn clear support from national regulators, signalling coordinated enforcement across the bloc

The European Commission’s €120 million fine against X for breaching multiple transparency obligations is being framed less as an isolated sanction and more as the first major test of how the DSA’s enforcement machinery functions. Regulators in Germany and Romania have publicly aligned themselves with the Commission, emphasising the shared responsibility of Digital Services Coordinators (DSCs) to ensure uniform implementation of the regulation across the EU.

The Commission ruled on 5 December that X had violated the DSA in three key areas: the deceptive design of its blue checkmark, insufficient transparency in its advertising repository and the failure to provide researchers with access to public data. The decision marks the Regulation’s first formal non-compliance ruling since it came into force.

Germany’s Federal Network Agency BNetzA welcomed the outcome, describing it as evidence that European cooperation “is having an impact”. The agency said national DSCs had “actively supported” the investigation into X, underscoring that cross-border coordination is now embedded into the enforcement process. 

According to the agency, the case illustrates how national authorities and the Commission can pursue violations “consistently” while ensuring the DSA is applied uniformly in all member states. It also highlighted the role of Germany’s DSC in monitoring intermediary services, acting as a public complaints body and examining researcher data-access requests for very large online platforms.

Romania’s regulator, ANCOM, struck a similar tone in its statement, calling the Commission’s decisions on X and TikTok “important steps” in strengthening transparency and user protection. It noted that the sanction against X represents the “first non-compliance decision” under the DSA and outlined the detailed obligations now imposed on the company, including deadlines for ending deceptive use of the blue checkmark and producing an action plan to correct deficiencies in its ad library and research data processes. ANCOM confirmed that it will help review X’s forthcoming action plan through its role on the European Digital Services Board.

The alignment between national DSCs and Brussels is important, given early concerns that uneven national implementation could hamper enforcement. Both Germany and Romania emphasised that the DSA obliges coordinators to exchange information and support Commission-led investigations, suggesting a deliberate effort to show a united regulatory front.

X responds

X reacted sharply to the decision. According to Euractiv, the platform blocked the European Commission’s advertising account on Sunday, accusing it of posting links designed to resemble videos and therefore artificially increasing engagement. While X said this breached its policies, the move has been widely interpreted as retaliation for the fine announced days earlier. 

The account suspension was followed by a series of posts from X owner Elon Musk calling for the EU to be abolished, only to quickly draw praise from former Russian president and current security council vice chair Dmitry Medvedev – giving Europeans no doubt as to whose policy such political utterances inspire. At the same time the usual bleatings, from senior US officials including the vice-president and the US Ambassador to the EU, publicly condemned the penalty as disproportionate.

Poland’s foreign minister Radislaw Sikorski responded on X with “As if anyone still had any doubts about who benefits from all this anti-EU talk about sovereignty…Those who want to profit from spreading hatred and those who want to conquer Europe.” Observers note that part of the problem with the social media problem is that government figures are still using it, despite its track record since it was acquired. 

A Commission spokesperson reiterated that EU institutions “use all social media platforms in good faith”, adding that the Commission has not purchased advertising or paid services from X since October 2023.

With X now required to submit a corrective action plan within 90 working days, and further investigations ongoing, regulators across Europe appear intent on demonstrating that the DSA’s enforcement structure is operational – and coordinated – from its very first test case.