Background: The DSA and ACM’s supervisory role

Since 17 February 2024, the DSA has been fully applicable across the EU. The DSA introduces new rights for users and due diligence obligations for online platforms and digital services, aiming to ensure a safer, fairer, and more transparent online environment.

The ACM became the competent authority for supervising compliance with the DSA in the Netherlands as of 4 February 2025 and has the competence to impose fines of up to 6% of the worldwide annual turnover. To prepare for its role, the ACM commissioned a series of quantitative and qualitative studies between 2023 and 2025 to better understand how consumers and businesses experience online platforms, what problems they encounter, and how well they are informed about their rights and the outcomes thereof were recently published.

Key findings from the ACM’s research

The findings from the ACM’s June 2025 report, Consumers and the Digital Services Act, conducted on under consumers paint a concerning picture in respect of the experiences of consumers:

  • Two-thirds of consumers (66%) report experiencing DSA-related issues on online platforms.
  • Most frequent problems include:
    • Only being able to contact platforms via automated systems such as chatbots (35% of users).
    • Feeling misled by algorithms influencing what content they see (29%).
    • Inability to find contact details of the platform (20%).
  • Consumers perceive the following situations as most frustrating:
    • Accounts or content being blocked or removed without clear reasoning or recourse.
    • Being forced to interact only with automated systems rather than human support staff.
  • Problems are most commonly reported on the most widely used platforms in the Netherlands.

The survey of 1,816 Dutch consumers aged 16 and above revealed that dissatisfaction is not only widespread but also cross-generational. Younger users (16–24) more often encounter offensive content, while older users report lack of transparency in advertising and ranking systems.

The findings of the May 2024 report, Behavioral analysis DSA, conducted under business users, appear to be less alarming, but this report was finalized only shortly after implementation of the DSA:

  • There is little awareness of the DSA among business users: half of the users have never heard of the DSA and a quarter of the users only recognize the legislation by name.
  • Most business users report experiencing few issues with online providers: three-quarters of business users indicate that they have not experienced any situations in which providers failed to comply with DSA obligations.
  • Business users are primarily focused on 'what do I need to comply with', rather than 'what rights does the law grant me'.

Consumers experience knowledge gaps about the DSA

Perhaps more striking than the perceived problems themselves is the lack of awareness among consumers about their rights under the DSA. When presented with a set of true/false statements about DSA obligations, respondents scored inconsistently:

  • Around 70% correctly recognized that platforms must make it possible to report illegal content and must clearly label advertising as such.
  • But only 21% knew that platforms cannot suspend accounts without prior warning.
  • Only 23% knew that platforms cannot rely solely on automated communication systems.

Despite these gaps, only one in three respondents indicated they would like to receive more information about their rights under the DSA. The main reasons for lack of interest included lack of time, the perception that the DSA does not affect them, or the assumption that platforms already comply.

The ACM’s awareness campaign

In response to these findings, the ACM is rolling out a public information campaign. Key elements include short educational videos on social media highlighting three recurring issues:

  • Users must be able to report illegal content such as hate speech, child sexual abuse material, or sales of prohibited goods.
  • Platforms must respond promptly and explain how the report is handled – an automated acknowledgment is not sufficient.
  • Platforms may not arbitrarily block accounts or remove content.
  • Any such decision must be clearly explained, and users must be offered an accessible complaints mechanism with timely handling.
  • Paid promotions and sponsored results must be clearly identifiable as such.
  • Ranking mechanisms must disclose the criteria used, especially when financial considerations influence visibility.

The ACM also encourages users to report violations via the ACM ConsuWijzer website. Since early 2024, the ACM has already received nearly 700 complaints, mainly concerning account suspensions, failures to handle illegal content reports, and difficulties in contacting platforms. About two-thirds of these cases involved platforms established in other EU Member States, which the ACM forwarded to the relevant supervisory authorities.

Implications for online platforms and businesses

With the ACM now officially enforcing the DSA, the expectations on platforms – whether consumer-facing or business-facing – are high. Companies operating online services in the Netherlands that fall under the scope of the DSA must:

  • Implement compliant reporting mechanisms for illegal content that are user-friendly and provide adequate feedback.
  • Review and document procedures for suspending accounts or removing content to ensure clear communication, proportionality, and accessible appeal procedures.
  • Ensure transparent advertising practices, including labelling and ranking disclosures.
  • Provide accessible, non-automated contact options for users and business clients.

Failure to comply exposes platforms not only to regulatory enforcement by the ACM or other EU authorities but also to reputational risks and potential litigation from users and consumer groups.

Conclusion

The ACM’s campaign highlights a crucial reality: while the DSA sets out strong user protections, most consumers and business users are still unaware of their rights. For platforms and businesses, this means compliance cannot be limited to box-ticking, it must be embedded in daily operations, user communication, and customer service.

The coming months will likely see more enforcement actions and increased scrutiny. Companies active in the digital space should seize this moment to assess their compliance frameworks, close potential gaps, and prepare for closer engagement with regulators.

Loyens & Loeff closely follows developments around the DSA and its enforcement in the Netherlands and the EU. We advise online platforms, marketplaces, and digital service providers on compliance strategies, risk assessments, and regulatory interactions. For tailored guidance on how the DSA affects your business, please contact our team below.